Church and State: the Religious Clauses in the Philippine Constitution

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In a 2003 case, Supreme Court Justice Reynato Puno extensively discussed the history, nature and jurisprudence on religious clauses in the Philippine Constitution. The defense in that case invoked the religious freedom under Article III, Section 5 of the Constitution, which reads: “No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

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Abortion and Contraception in the Philippines

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Abortion, which is legal in the United States, was on center stage a few months back. The controversy stemmed from the rulings of three appeals courts that declared the Partial-Birth Abortion Ban Act of 2003 as unconstitutional. The United States Supreme Court agreed to review the declaration of unconstitutionality of said law.

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Presumptive Death of a Spouse for Subsequent Marriage

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The Family Code clearly provides that a court declaration of presumptive death of a spouse is indispensable before the other spouse may marry again. Failure to comply with this requirement results not only in a void second marriage, but also opens the guilty spouse to a criminal charge of bigamy. The requirements for the declaration of presumptive death are discussed below.

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Intellectual Property: Copyright Infringement

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Copyright infringement was previously governed by Presidential Decree No. 49. At present, all laws dealing with the protection of intellectual property rights have been consolidated under Republic Act No. 8293. Notwithstanding the change in the law, the same principles are reiterated in the new law under Section 177. It provides for the copy or economic rights of an owner of a copyright as follows:

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Arrests and the Miranda Rights

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You always see it on TV and the movies. The police, after cornering the suspect, bellows out: “Freeze a**hole! You have the right to remain silent. Anything you say can and will be used against you in the court of law.” This lump of rights, plus the right to counsel and sans the “freeze”, is called the Miranda rights.

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Boy Scouts: Homosexuality and the Right of Expression

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Gay groups had been, and still is, complaining about gay discrimination in our country. This is a sensitive matter, specially if we consider admission of gays into traditional institutions like the military, the church and the boy scouts (Boy Scout of the Philippines). Let  focus on the boys scouts, primarily because there already a decided U.S. case on this matter.

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Christmas Bonus vs. 13th Month Pay

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With the Christmas season (together with the requisite countdowns, shopping lists and family reunions) fast approaching, one thing is slowly creeping into the consciousness of the great host of salaried employees in the country – the Christmas Bonus. Indeed, many a gift is being thought of and many a budget is being drawn-up in anticipation of this gratuity, a reward if you will, for another year’s worth of blood, sweat and tears. But what exactly comprises this year-end gratuity? Who are entitled to receive a Christmas bonus? Can one correctly call the 13th-month pay a Christmas bonus?

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“No Return, No Exchange” Store Policy Prohibited

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Q: What is the legal basis of the prohibition on “No Return, No Exchange” Policy of business establishments?

A: Pursuant to the Implementing Rules and Regulations of R.A. 7394, or the Consumer Act of the Philippines, specifically Title III, Chapter I, Rule 2, Section 7 of Department Administrative Order (DAO) No. 2, series 1993, the words “No Return, No Exchange”, or words to such effect shall not be written into the contract of sale, receipt or sales transaction, in any document evidencing such sale or anywhere in the store or business establishment.

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