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Concerned Employee vs. Mayor A.M.
No. P-02-1564. November 23, 2004
As correctly found by DCA
Perez, most of the allegations stated in the anonymous letter-complaint
were unsubstantiated. Thus, they were correctly disregarded.
What becomes clear though from the facts is that respondent,
a single woman, engaged in sexual relations with a married
man, resulting in a child born out of wedlock. Respondent
admitted just as much in her complaint for parental recognition
and support filed on 19
May 1998, her admissions therein verified under oath.
Moreover, the illicit liaison occurred during her employment
with the judiciary. For this reason, the DCA recommends
that respondent be found guilty of disgraceful and immoral
conduct and suspended for six months.
Our landmark ruling in Estrada
v. Escritor emphasizes that in determining whether the acts
complained of constitute �disgraceful and immoral behavior�
under the Civil Service Laws, the distinction between public
and secular morality on the one hand, and religious morality,
on the other should be kept in mind. The distinction between
public and secular morality as expressed - albeit not exclusively
- in the law, on the one hand, and religious morality, on
the other, is important because the jurisdiction of the Court
extends only to public and secular morality. Thus, government
action, including its proscription of immorality as expressed
in criminal law like concubinage,
must have a secular purpose.
Thus, any judicial pronouncement
that an activity constitutes �disgraceful and immoral� behavior
under the contemplation of the Civil Service law must satisfy
the test that such conduct is regulated on account of the
concerns of public and secular morality. Such judicial
declarations cannot be mere effectuations of personal bias,
notably those colored by particular religious mores. Nor would
the demand be satisfied by the haphazard invocation of �cultural�
values, without a convincing demonstration that these cultural
biases have since been recognized and given accord within
the realm of public policy. The Constitution and the
statutes of the land would serve as especially authoritative
sources of recognition, since they are irrefutable as to what
the public policy is. At the same time, the constitutional
protections afforded under the Bill of Rights should be observed,
to the extent that they protect behavior that may be frowned
upon by the majority.
Even if not all forms of
extra-marital relations are punishable under penal law, the
sanctity of marriage is constitutionally recognized and likewise
affirmed by our statutes as a special contract of permanent
union. Accordingly, the Court has had little qualms with penalizing
judicial employees for their dalliances with married persons
or for their own betrayals of the marital vow of fidelity.
How
to become a Christian
Who
is God? What is man? Who is Christ? Repent and believe
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Executive
Order No. 209
The Family Code of the Philippines
(For
a discussion of relevant issues, please surf to the blogs Legal
Updates, Salt
and Light, and Campus
Connection.You
can also download
free PDF newsletters on legal issues.)
Title V: The Family
Chapter 1.
The Family as an Institution
Art. 149.
The family, being the foundation of the nation, is a basic social
institution which public policy cherishes and protects. Consequently,
family relations are governed by law and no custom, practice or
agreement destructive of the family shall be recognized or given
effect. (216a, 218a)
Art. 150. Family
relations include those:
(1) Between
husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or half-blood. (217a)
Art. 151.
No suit between members of the same family shall prosper unless
it should appear from the verified complaint or petition that earnest
efforts toward a compromise have been made, but that the same have
failed. If it is shown that no such efforts were in fact made, the
same case must be dismissed.
This rule shall not apply to cases which may not be the subject
of compromise under the Civil Code. (222a)
Chapter 2.
The Family Home
Art. 152.
The family home, constituted jointly by
the husband and the wife or by an unmarried head of a family, is
the dwelling house where they and their family reside, and the land
on which it is situated. (223a)
Art. 153.
The family home is deemed constituted on a house and lot from the
time it is occupied as a family residence. From the time of its
constitution and so long as any of its beneficiaries actually resides
therein, the family home continues to be such and is exempt from
execution, forced sale or attachment except as hereinafter provided
and to the extent of the value allowed by law. (223a)
Art. 154.
The beneficiaries of a family home are:
(1) The husband and wife, or
an unmarried person who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers and sisters,
whether the relationship be legitimate or illegitimate, who are
living in the family home and who depend upon the head of the
family for legal support. (226a)
Art. 155.
The family home shall be exempt from execution, forced sale or attachment
except:
(1) For nonpayment of taxes;
(2) For debts incurred prior
to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after
such constitution; and
(4) For debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or furnished
material for the construction of the building. (243a)
Art. 156.
The family home must be part of the properties of the absolute community
or the conjugal partnership, or of the exclusive properties of either
spouse with the latter's consent. It may also be constituted by
an unmarried head of a family on his or her own
property.
Nevertheless, property that is
the subject of a conditional sale on installments where ownership
is reserved by the vendor only to guarantee payment of the purchase
price may be constituted as a family home. (227a, 228a)
Art. 157. The
actual value of the family home shall not exceed, at the time of
its constitution, the amount of the three hundred thousand pesos
in urban areas, and two hundred thousand pesos in rural areas, or
such amounts as may hereafter be fixed by law.
In any event, if the value of the
currency changes after the adoption of this Code, the value most
favorable for the constitution of a family home shall be the basis
of evaluation.
For purposes of this Article, urban
areas are deemed to include chartered cities and municipalities
whose annual income at least equals that legally required for chartered
cities. All others are deemed to be rural areas. (231a)
Art. 158.
The family home may be sold, alienated, donated, assigned or encumbered
by the owner or owners thereof with the written consent of the person
constituting the same, the latter's spouse, and a majority of the
beneficiaries of legal age. In case of conflict, the court shall
decide. (235a)
Art. 159.
The family home shall continue despite the death of one or both
spouses or of the unmarried head of the family for a period of ten
years or for as long as there is a minor beneficiary, and the heirs
cannot partition the same unless the court finds compelling reasons
therefor. This rule shall apply regardless
of whoever owns the property or constituted the family home. (238a)
Art. 160.
When a creditor whose claims is not among those mentioned in Article
155 obtains a judgment in his favor, and he has reasonable grounds
to believe that the family home is actually worth more than the
maximum amount fixed in Article 157, he may apply to the court which
rendered the judgment for an order directing the sale of the property
under execution. The court shall so order if it finds that the actual
value of the family home exceeds the maximum amount allowed by law
as of the time of its constitution. If the increased actual value
exceeds the maximum allowed in Article 157 and results from subsequent
voluntary improvements introduced by the person or persons constituting
the family home, by the owner or owners of the property, or by any
of the beneficiaries, the same rule and procedure shall apply.
At the execution sale, no bid below
the value allowed for a family home shall be considered. The proceeds
shall be applied first to the amount mentioned in Article 157, and
then to the liabilities under the judgment and the costs. The excess,
if any, shall be delivered to the judgment debtor. (247a, 248a)
Art. 161.
For purposes of availing of the benefits of a family home as provided
for in this Chapter, a person may constitute, or be the beneficiary
of, only one family home. (n)
Art. 162.
The provisions in this Chapter shall also govern existing family
residences insofar as said provisions are applicable. (n)
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