Atty. Danica Irish P. Revilla

08/01/2025

09/09/2024

💪☝️

09/09/2024

19/02/2024

𝗣𝗘𝗢𝗣𝗟𝗘 𝗜𝗡𝗜𝗧𝗜𝗔𝗧𝗜𝗩𝗘

Initiative on the Constitution (Signatures required):

a. 12% of voters nationwide
b. 3% of voters in every legislative district

A PEOPLE INITIATIVE to change the Constitution applies only to an amendment of the Constitution and not to its revision. In contrast, Congress or a constitutional convention can propose both amendments and revisions to the Constitution.

Revision broadly implies a change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and-balances.

There is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution.

On the other hand, amendment broadly refers to a change that adds, reduces, or deletes without altering the basic principle involved.

Revision generally affects several provisions of the constitution, while amendment generally affects only the specific provision being amended.

𝗟𝗮𝗺𝗯𝗶𝗻𝗼 𝘃𝘀. 𝗖𝗼𝗺𝗲𝗹𝗲𝗰 𝗚.𝗥. 𝗡𝗢. 𝟭𝟳𝟰𝟭𝟱𝟯, 𝗢𝗰𝘁𝗼𝗯𝗲𝗿 𝟮𝟱, 𝟮𝟬𝟬𝟲

06/01/2024

No to Litigation to Sorrows Caused by Broken Hearts and Promises. ―Supreme Court

READ FULL TEXT: (G.R. No. 214016, Guevarra, et al. v. Banach, November 24, 2021) https://sc.judiciary.gov.ph/26981/

06/01/2024

SC Reiterates Consent of Adopter’s Children Required in Petitions for Adoption |

The consent of the adopter’s legitimate children, who are at least 10 years old, is required for a petition for adoption to prosper.

Thus reiterated the Supreme Court’s Third Division, in a Decision penned by Associate Justice Maria Filomena D. Singh, as it denied the petition for review on certiorari filed by Nena Bagcat-Gullas (Bagcat-Gullas). The petition challenged the rulings of the Court of Appeals (CA) affirming the decision of the Regional Trial Court (RTC) setting aside the adoption decree previously granted in favor of Bagcat-Gullas.

In dismissing the present petition, the Court emphasized that Section 9(c) of Republic Act No. (RA) 8552, or the Domestic Adoption Act of 1998, is clear that the written consent of the adopter’s legitimate children aged at least 10 years old is required for the adoption to be valid.

Reiterating its 2014 ruling in Castro v. Gregorio, the Court held that the “consent of the adopter’s other children is necessary as it ensures harmony among the prospective siblings. It also sufficiently puts the other children on notice that they will have to share their parent’s love and care, as well as their future legitimes, with another person.”

Further, the Court stressed that personal service of summons on the legitimate children is needed to ensure that their substantive rights are protected. Constructive notice does not suffice.

In the present case, the Court found that as the respondents were all over 10 years old at the time of the adoption proceedings, their written consent was necessary.

As legitimate children of one of the adopters, Jose, respondents are thus indispensable parties to the petition.

Since the respondents were not impleaded, and absent the service of summons upon them, the judgment previously rendered by the RTC granting the adoption is void, ruled the Court.

“The absence of an indispensable party renders all subsequent actions of the court null and void, as such, the court has no authority to act not only as to the absent party but also as to those present,” said the Court.

Read more at https://sc.judiciary.gov.ph/sc-reiterates-consent-of-adopters-children-required-in-petitions-for-adoption/. Read G.R. No. 264146 (Bagcat-Gullas v. Gullas, et al., August 7, 2023) in full at https://sc.judiciary.gov.ph/264146-nena-bagcat-gullas-vs-joselito-f-gullas-joie-marie-f-gullas-yu-and-john-vincent-f-gullas/.

06/01/2024

𝗛𝗢𝗧 𝗣𝗨𝗥𝗦𝗨𝗜𝗧𝗦

When an offense has just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. (𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟱𝗯, 𝗥𝘂𝗹𝗲 𝟭𝟭𝟯 𝗼𝗳 𝗥𝘂𝗹𝗲𝘀 𝗼𝗳 𝗖𝗼𝘂𝗿𝘁)

Requisites:
1. An offense has just been committed (immediacy), and
2. The person making the arrest has personal knowledge of the facts indicating that the person to be arrested committed it.