Crimes Against Status of Persons

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TITLE TWELVE CRIMES AGAINST THE CIVIL STATUS OF PERSONS A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD: (347) Acts Punished: 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites: 1. The child must be legitimate 2. The offender conceals or abandons such child 3. The offender has the intent to cause the child to lose its civil status Elements of Simulation of Birth: 1. Child is baptized or registered in the Registry of birth as hers 2. Child loses its real status and acquiires a new one 3. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation B. USURPATION OF CIVIL STATUS: (348) Notes: 1. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person 2. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto

Transcript of Crimes Against Status of Persons

Page 1: Crimes Against Status of Persons

TITLE TWELVE

CRIMES AGAINST THE CIVIL STATUS OF PERSONS

 

A.   SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD: (347)

Acts Punished:

1. Simulation of births

2. Substitution of one child for another

3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status

Requisites:

1. The child must be legitimate2. The offender conceals or abandons such child3. The offender has the intent to cause the child to lose its civil status

Elements of Simulation of Birth:

1. Child is baptized or registered in the Registry of birth as hers2. Child loses its real status and acquiires a new one3. Actor’s purpose was to cause the loss of any trace as to the child’s true

filiation

B.   USURPATION OF CIVIL STATUS: (348)

Notes:

1. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person

2. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto

3. Committed by asuming the filiation, or the parental or conjugal rights of another

4. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or hios heirs.

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C. ELEMENTS OF BIGAMY: (349)

1. That the offender has been legally married.2. That the marriage has not been legally dissolved or, in case his or her

spouse is absent, the absent spouse could not yet be presumed dead according to the civil code.

3. That he contracts a second or subsequent marriage.4. That the second or subsequent marriage has all the essential requisites

for validity.

Notes:

1. The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party

2. A simulated marriage is not marriage at all and can be used as a defense for bigamy

3. There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage

4. Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is bigamy through reckless imprudence

5. A judicial declaration of the nullity of a marriage void ab initio is now required

6. One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses

7. One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice.

D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS: (350)

1. That the offender contracted marriage.2. That he knew at the time that

1. the requirement of the law were not complied with, or2. The marriage was in disregard of a legal impediment.

Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud.

E. ELEMENTS OF PREMATURE MARRIAGE: (351)

Acts punished:

1. A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death

2. A woman whose marriage having been dissolved or annulled, married before her delivery or within 301 days after the legal separation.

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F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352)

Act punished: performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities

The National Statistics Office (NSO), along with the National Statistical Coordination Board (NSCB), Bureau of Labor and Employment Statistics (BLES), and the Bureau of Agricultural

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Statistics (BAS) shall be known as the Philippine Statistics Authority (PSA) starting December 29, 2013.

 

NSO-7 Regional Director Engr. Ariel Florendo said the creation of PSA is to strengthen the Philippine Statistical System, otherwise known as the Philippine Statistical Act of 2013 through Republic Act 10625.

 

Florendo also explained that the merging of the four major statistical agencies will eliminate the duplication of services and to improve its public service.

 

The objectives of the said ACT are to rationalize and promote efficiency and effectiveness in the delivery of statistical services; to maintain an integrated statistical system characterized by independence, objectivity and integrity so as to enhance responsiveness to the requirements of equitable national development; to promote the orderly development of a statistical system capable of providing timely, accurate and useful data for the government and the public; and to support decentralization through the establishment of the statistical infrastructure necessary to service the statistical needs of local development planning.

 

A series of consultative meetings are being conducted by the organization. 

hilippine Statistical Act of 2013

"An Act Reorganizing the Philippine Statistical System, Repealing for the Purpose Executive Order Number One Hundred Twenty-One, Entitled "Reorganizing and Strenghtening the Philippine Statistical System and for Other Purposes"

Creates the Philippine Statistics Authority (PSA) that shall comprise the PSA Board and offices on sectoral statistics, censuses and technical coordination, civil registration and central support and field statistical services. The PSA shall be constituted from among the existing personnel of the major statistical agencies engaged in primary data collection and compilation of secondary data, i.e., the National Statistics Office, the Technical Staff of the National Statistical Coordination Board, the Bureau of Agricultural Statistics, and the Bureau of Labor and Employment Statistics.

The PSA shall be headed by a National Statistician who shall be appointed by the President. The NS will be supported by three Deputy National Statisticians.

The data produced by the PSA shall be the official and controlling statistics of the government and the PSA will be characterized by Integrity, Independence and Professionalism. It shall serve as the central statistical authority of the Philippine government on primary data collection and administer civil registration functions in the country as provided for in Act No. 3753, otherwise known as the Civil Registry Law.

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While processes are underway for the development of the PSA website, currently, the respective websites of the merged agencies are still accessible and regularly updated.

Bureau of Agricultural Statistics

National Statistical Coordination Board

Bureau of Labor and Employment Statistics

National Statistics Offic