Sunday, September 25, 2016

Sunday conundrum, 25 September 2016

What is meant by "confessions by address"?

On page 362 of Manuel Pamaran's Revised Rules of Criminal Procedure, Annotated, 2013 Edition we have this:



Saturday, September 24, 2016

Saturday typos, 24 September 2016

From the Revised Rules of Criminal Procedure, Annotated, 2012 Edition by Manuel R. Pamaran:

Page 173,


Page 213,



Page 389,

Saturday, September 17, 2016

Saturday typos, 17 September 2016

From The 1987 Constitution of the Republic of the Philippines, A Commentary, 2009 Edition by Joaquin G. Bernas, S.J.:

Page 389, the underlined words are not in the decision but could be Fr. Bernas' comment,


Page 405,


Page 484,


Sunday, September 11, 2016

"Adulterous children"

a·dul·ter·ous
əˈdəlt(ə)rəs/
adjective
  1. of or involving adultery.
    "an adulterous affair"
    synonyms:unfaithfuldisloyaluntrueinconstantfalse, deceiving, deceitfultreacherousillicitMore

That's the result for googling "adulterous."

In the Revised Penal Code, an adulterous affair is one of the following relationships between a:
  1. Single man and a married woman
  2. Married man and a single woman
  3. Married man and a married woman
One can properly call the man or the woman, or both as adulterous. But how can there be an adulterous child as we can read in textbooks on the Family Code?

Take the following passage on page 140 of the book Civil Code Annotated, Volume II, 2015 Edition by Miriam Defensor Santiago:


Santiago, like Paras or Sta. Maria in their textbooks, is in fact only quoting the passage from a Supreme Court decision. And SC jurisprudence is replete with "adulterous child" and similar terms.

An adulterous child, according to these jurisprudence, is one born of an adulterous relationship.

I tried to find the same term in US Supreme Court decisions. There seems to be none. However, the term is common in European family law as can be read here.

Still I think its continued usage  is an unfortunate labeling of children who have not done anything wrong. In the Philippines we have stopped using the term "child convicts", "youthful offenders", etc. It is now "child in conflict with the law." So can we have a better term for "adulterous child?"

I could almost hear my professor in Legal Medicine and Political Law, Atty. - Dr. Pat Belciña who is known for his repartee: "How about an adulterated child?"

Saturday, September 10, 2016

Saturday typos, 10 September 2016

From Civil Code Annotated, Vol. II, 2015 Edition by Miriam Defensor Santiago:

Page 147,

Page 151,

Page 156,

Saturday, September 3, 2016

Saturday typos, 3 September 2016

From Civil Code Annotated, Vol. II, 2015 Edition by Miriam Defensor Santiago:

Page 37,

Page 88,

Page 101,

Page 102,