Author Archives: P&L Law

About P&L Law

Pamaos & Labao Law Firm (P&L Law) is a full-service professional legal firm, located in Metro Manila, Philippines | Telephone: (+632) 7799-0589 | Email: info@pnl-law.com | Website: http://pnl-law.com

Essential and Formal Requisites of Marriage

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Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Family Code.

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Marriages Exempted from Marriage License Requirement

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A marriage license is issued by the local civil registrar of the city or municipality where either contracting party habitually resides (Article 9, Family Code). A marriage license is a a formal requisite of marriage (see Essential and Formal Requites of Marriage), without which the marriage is considered void from the beginning (see Grounds for Declaration of Nullity of Marriage). However, a marriage license is not required in certain instances, as follows:

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Grounds for Annulment of Marriage in the Philippines

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Annulment and declaration of nullity are used interchangeably by lay persons, but these two concepts are different. Annulment refers to a marriage that is valid until annulled by a court, while declaration of nullity refers to a marriage which is void from the very beginning. There are separate grounds for annulment of marriage (enumerated below), declaration of nullity of marriage, and legal separation.

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Destruction of Computer Data under the Rule on Cybercrime Warrants

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Under the Rule on Cybercrime Warrants and the Cybercrime Prevention Act of 2012, service providers have the duty to preserve computer data within a general period of 6 months (see Preservation of Computer Data), upon notice by law enforcement agencies. On the other hand, law enforcement agencies have a requisite period to complete the examination of computer data. Upon the expiration of these periods, the service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of preservation and examination. 

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Preservation of Computer Data under the Rule on Cybercrime Warrants

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The integrity of traffic data and subscriber’s information shall be kept, retained, and preserved by a service provider for a minimum period of six (6) months from the date of the transaction. On the other hand, content data shall be preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. These are provided in Section 13 of Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012.

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Disclosure of Computer Data, Warrant to Disclose Computer Data (WDCD), under the Rule on Cybercrime Warrants

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As previously noted in the Preservation of Computer Data, the obligation to preserve traffic data, subscriber’s information, and content data does not equate to an obligation to disclose the data. A warrant must be secured to authorize the disclosure of the computer data. This is called a Warrant to Disclose Computer Data (WDCD). This is provided under the Rule on Cybercrime Warrants issued by the Supreme Court pursuant to the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

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Search, Seizure and Examination of Computer Data (WSSECD) in Cybercrime Warrants

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A Warrant to Search, Seize and Examine Computer Data (WSSECD) is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to search the particular place for items to be seized and/or examined. This is provided under the Rule on Cybercrime Warrants issued by the Supreme Court pursuant to the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

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