1.

Can a transgender man through gender re-assignment be allowed to marry a

woman in the Philippines? Explain. (5pts)

A transgender man even through gender re-assignment is not allowed to marry a

woman in the Philippines.

Pursuant to Article 1 of the Family Code of the Philippines, marriage is a special

contract of permanent union between a man and a woman entered into accordance
with law for the establishment of conjugal and family life.

Here, a transgender man that has underwent re-assignment is not considered as a

man in the Philippine Law, for its definition is determined biologically.

2. Can a bisexual man and a bisexual woman marry each other? Explain (5pts)

In the Philippine Law content, a bisexual man and a bisexual woman can marry
each other.

According to Article 2(1) of the Family Code of the Philippines, no marriage shall be
valid, unless the following essential requisites are present; legal capacity of the
contracting parties who must be a male and a female.

Here, although the man and the woman identify themselves as bisexuals as their
gender, it does not alter their sex at birth, whereas the marriage contract is valid.

3. Can a 17-year old teenage boy marry a 18-year old teenage girl marry each
other with the consent of both parents of the contracting parties? Explain
(5pts)

A 17-year old teenage boy and an 18-year old teenage girl cannot marry each
other although there is an existing consent with the both parents of the contracting
parties.

Pursuant to Article 5 of the Family Code of the Philippines, parties may contract
marriage provided that any male or female are of the age of eighteen years or
upwards. Accordingly, Article 35(1) of the Family Code, states that marriages shall
be void from the beginning; any party whose is below eighteen years of age even
with the parent or guardian’s consent.

Hence, the marriage between the teenage boy and teenage girl is considered to
be invalid since one of them is still not yet of legal age or is considered as a minor.

4. Can the law on obligations and contracts be guiding rule for married
couples in the Philippines?

Yes, the laws on obligations and contracts can be a guiding rule for married
couples in the Philippines.

Pursuant to Article 1 of the Family Code of the Philippines, marriage is a foundation

of the family and an inviolable social institution whose nature, consequences, and
incidents are governed by law and not subjected to stipulation, except that marriage
settlements may fix the property relations during the marriage within the limits.
Prepared by

ATTY. HENRY S. PAYTE, JR., REA, REB, CTT

Nihil Timendum Est
“Fear Nothing”
 Supplementing, according to the New Civil Code Article 15, laws relating to family
rights and duties, or to the status, condition and legal capacity of persons are binding
upon citizens of the Philippines, even though living abroad.

5. What is the coverage of practice of law? Explain. (5pts)

The scope of practice of law is not limited to cases litigated in court. It also includes
preparation of pleadings, and any activity that involves application of legal knowledge
and skill to clients.

Pursuant to the case of Philippines Lawyers Association v. Agrava (105 Phil. 173,
176-177), the practice of law is not narrowed to direct court proceedings. Practice of
law involves giving legal advice on subjects with preparation and execution of legal
instruments covering an extensive filed of business and trust relations and other
affairs which require a high-level degree of legal skill as to the adaptation to complex
situations.

Hence, the practice of law is to render any kind of service that involves legal
knowledge or skill and receives pay for it, such services constitute the practice of law.

6. What is the scope of work or functions of a paralegal / secretary in order not

to be considered as illegal practice of law? (5pts)

The scope of work of a paralegal or secretary to not constitute his work as an illegal
practice of law is sanctioned in jurisdictions as an aid to the administration of justice
and such function must not involve giving legal advice or counselling.

Pursuant to the case of Maurecio Ulep vs. The Legal Clinic, the scope of a
paralegal’s work consists of strictly non-diagnostic, non-advisory, through the
extensive use of computers and modern information technology in the gathering,
processing, storage, transmission and reproduction of information and
communication, such as legal research, encoding of documents, evidence gathering
and assistance to laymen. Consequently, there has been a Senate Bill No. 1071 that
prescribes the scope of paralegals specifically in Article 2 Section 5, although the bill
has still yet to be passed.

Thus, such functions of paralegals that involve mainly as an aid to the

administration of justice does not constitute as an illegal practice of law.

7. What is the best advertisement for a lawyer to be known to the general

public? (5pts)

The best advertisement for a lawyer to be known to the general public is through
his good earned reputation for professional capacity.

Pursuant to the Code of Professional Responsibility Rule 2.03, it states that a

lawyer shall not do or permit to be done any act designed primarily to solicit legal
business. Furthermore, according to the case of The Director of Religious Affairs vs.
Estanislao R. Bayot, the court’s ruling states that the most worthy and effective
advertisement possible is the establishment of a well-merited reputation through
character and conduct showing his professional capacity and fidelity to trust.

Hence, a reputable lawyer with efficient service has a way of publicizing itself in the
general public.
Prepared by

ATTY. HENRY S. PAYTE, JR., REA, REB, CTT

Nihil Timendum Est
“Fear Nothing”
 8. How does a law become effective and binding to the general public? (5pts)

The law becomes effective and binding to the general public through its publication
of general circulation.

According to the New Civil Code of the Philippines Article 2 states that laws shall
take effect after fifteen days following the completion of their publication either in the
Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is
otherwise provided. Concurringly, pursuant to Article 3 of the NCC, the ignorance of
the law excuses no one from compliance therewith.

Hence, the publication and 15-day requirement are for the purpose of the public to
be familiar with the statue whereas no one will be indicted with notice unless the
publication has reached its expiry date.

9. Is publication of a rules and regulations of a government agency or

department through Social Media sufficient enough to bind the general
public? (5pts)

Yes, the publication of rules and regulations of a government agency or department

through social media can be binding to the general public however, it is not sufficient
enough for circulation.

Pursuant to the New Civil Code of the Philippines Article 2 states that laws will take
an effect after the 15-day requirement through the publication in the Official Gazette
or in any newspaper of general circulation, whereas these publications can be
executed through social media platforms. However, according to Tanada v. Tuvera,
146 SCRA 446, a publication must be in full since its purpose is to inform the public of
the content.

Hence, the publication of rules and regulations through social media only does not
guarantee its sufficiency to fully disclose the statues on the general public.

10. Is posting of malicious statement or fabricated / false information through

social media covered by the freedom of speech?

The enactment of posting malicious statements or fabricated or false information

through the use of social media is not covered by the freedom of speech.

According to the case of Zaldivar v. Gonzales 166 SCRA 316, 353-354 (1988), the
right to criticize which is guaranteed by the freedom of speech and of expression in
the Bill of Rights in the Constitution, it must be exercised responsibly for every right
carries with it a corresponding obligation. Freedom is not freedom from responsibility,
but freedom with responsibility.

Hence, the enactment of the freedom of speech is not absolute, whereas it

implements restrictions on the constitutional right.

Prepared by

ATTY. HENRY S. PAYTE, JR., REA, REB, CTT

Nihil Timendum Est
“Fear Nothing”