Atty. Stela

Atty. Stela Lawyer. Learner. Coffee lover. Paying it forward. ❤

02/06/2025

Are you a lawyer required to render pro bono legal aid services? Or are you a potential qualified beneficiary under the Unified Legal Aid Service (ULAS) Rules?

Check out the Frequently Asked Questions (FAQs) on the ULAS Rules by scanning the QR code below.

Read the full text of the Rules on ULAS at https://sc.judiciary.gov.ph/22-11-01-sc-re-the-rules-on-unified-legal-aid-service/.

Read the full text of the Manual on the Rules on ULAS athttps://sc.judiciary.gov.ph/wp-content/uploads/2025/05/AM-22-11-01-SC.pdf

Visit the ULAS Microsite at https://sc.judiciary.gov.ph/ulas/.

21/05/2025

The (SC) has reiterated that the children remain legitimate even if their parents’ marriage is later declared null and void due to psychological incapacity.

In a Decision written by Associate Justice Jhosep Y. Lopez, the SC’s Second Division modified the ruling of a Regional Trial Court (RTC) that declared a child illegitimate following the nullity of her parents’ marriage.

The child was born several months before the couple got married. During the marriage, the wife experienced physical, emotional, and verbal abuse from her husband, who himself struggled with alcohol addiction, gambling, and infidelity.

This prompted the wife to file a petition to nullify their marriage, which the RTC granted, declaring the marriage void due to the husband’s psychological incapacity.

However, the RTC also declared their child illegitimate since she was born before their marriage, and her birth certificate did not show she had been legitimated.

The SC affirmed that the marriage was void, but ruled that the child remains legitimate.

The general rule is that when a marriage is nullified, the child is considered illegitimate from the time they were conceived.

However, the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦 allows exceptions, such as when the marriage is nullified due to psychological incapacity. This applies whether the child was born before or during the marriage.

The SC emphasized that once a child is legitimated under the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦, there is no legal basis for changing their status back to illegitimate. Allowing this would go against the law’s intent to protect the child’s best interests.

Read the full text of the Press Release at https://tinyurl.com/4yrkc82r.

Read the full text of the Decision at https://tinyurl.com/c673ywxs.

Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://tinyurl.com/mrx3swc7.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

15/05/2025

GE***AL CONTACT NO LONGER REQUIRED TO SECURE CONVICTION FOR ATTEMPTED RAPE—SC

The Supreme Court (SC) En Banc has convicted a father for r**e and attempted r**e after sexually abusing his own daughter, as it held that ge***al contact is not necessary to secure conviction for attempted r**e.

In a 16-page ruling penned by Associate Justice Antonio Kho Jr., the high court denied the appeal of a father who r**ed his own daughter and had been convicted of r**e and unjust vexation. It upheld the guilty verdict for r**e and likewise modified the finding of unjust vexation to attempted r**e, which carries a heavier penalty.

The crime happened in two incidents in January 2013 when a father allegedly r**ed his 16-year-old daughter, followed by another attempt three weeks later. The victim was too weak to fight back and unable to make any noise as he covered her mouth with his hand. He threatened to kill her and other relatives if she told anyone about the incident.

The second incident occurred weeks later, wherein the father, with his ge***als exposed, attempted to mount the victim, who managed to fend him off by kneeing him in the stomach. The RTC and CA convicted the father of one count of r**e and one count of unjust vexation instead of attempted r**e. This paved the way for him to elevate the case before the high court.

The SC affirmed the r**e conviction for the first incident but found the lower court and CA had erred in finding the accused guilty of unjust vexation in connection with the second incident; instead, he was convicted of attempted r**e.

It noted that the father’s actions—removing the victim’s underwear, exposing himself, and attempting to mount her—constituted direct overt acts toward the commission of r**e, adding that in attempted r**e by carnal knowledge, there is no requirement that the offender's ge***als touch the victim’s body.

Meanwhile, the high court abandoned the 2010 doctrine laid down in People vs. Balunsat, which previously prevented the Court of Appeals from increasing the penalty on appeal to avoid violating the accused's right against double jeopardy.

However, in this case, the SC held that Balunsat was incorrect in invoking the accused's right against double jeopardy, highlighting that a criminal appeal reopens the entire case for review as the reviewing tribunal is empowered to correct errors, even those not raised by the parties, and may impose a higher penalty if warranted by the evidence.

It acknowledged that in earlier decisions, the court had limited its review of appeals to avoid violating the accused’s right against double jeopardy or being prosecuted and punished more than once for the same offense.

The SC has meted out a penalty of up to 40 years in prison for the r**e conviction and up to 12 years for attempted r**e. The accused was also directed to pay PHP 300,000 in damages.

Witty. Hahaha!Credits: Photo is not mine. Not sure who took it tbh. Please make yourself known so I’m able to tag you ❤️...
03/05/2025

Witty. Hahaha!

Credits:
Photo is not mine. Not sure who took it tbh. Please make yourself known so I’m able to tag you ❤️

Celebrating my 1st year on Facebook. Thank you for your continuing support. I could never have made it without you. 🙏🤗🎉
03/05/2025

Celebrating my 1st year on Facebook. Thank you for your continuing support. I could never have made it without you. 🙏🤗🎉

24/12/2024

Merry Christmas or for the others, happy holidays! ❤️❤️❤️


02/12/2024

Lord, when I petition for more patience, let me clarify: I’m requesting an immediate extension of my capacity to exercise patience, not additional training sessions to build it. Kindly expedite this process without attaching further “practical experiences” as conditions precedent. I trust Your infinite wisdom to grant this prayer nunc pro tunc—because, honestly, my patience has been tested enough already. 🥹 Amen. 🥹


Strategic waters demand strategic decisions. The confirmed presence of a Russian attack submarine in the West Philippine...
02/12/2024

Strategic waters demand strategic decisions. The confirmed presence of a Russian attack submarine in the West Philippine Sea raises serious questions about regional security and maritime sovereignty. In these moments, it’s crucial for our nation to stand vigilant and united. How should the Philippines address this challenge while maintaining stability in an increasingly tense geopolitical landscape?

26/11/2024

"Respect is a Right, Not a Prize to Be Won"

The idea that "respect must be earned" often conflates two distinct forms of respect: inherent respect, which is rooted in human dignity, and earned respect, which is based on actions, achievements, or character. By treating respect as something solely earned, we risk eroding the basic decency that underpins a functional and empathetic society.

Inherent Respect: The Foundation of Humanity
Every individual, regardless of their station in life or their choices, deserves a baseline of respect simply by virtue of being human. As the saying goes, “We do not respect people because they are perfect; we respect them because they are people.” This foundational respect affirms the intrinsic worth of individuals and is crucial for building bridges across differences.

The Flaws in Conditional Respect
The mindset of “respect is to be earned” often becomes a weapon, used to withhold decency until a person meets subjective or arbitrary standards. It creates an environment where disrespect thrives unchecked, justified under the guise of waiting for someone to "prove" themselves. As philosopher Simone Weil observed, “Respect is due to man as man, and not because he deserves it or for any other reason.” Respect is not transactional; it is transformational.

Differentiating Basic and Earned Respect
While admiration or esteem (earned respect) rightly depends on behavior, accomplishments, or virtues, inherent respect—the kind that acknowledges someone's dignity and humanity—must remain unconditional. Failing to differentiate these can lead to societal divisions, as withholding respect diminishes trust and mutual understanding.

The Role of Respect in Society
Civilizations are built not on agreement, but on the recognition of shared humanity. Respect serves as the foundation for dialogue, empathy, and the resolution of conflict. As the Dalai Lama said, “When we show our respect for other living things, they respond with respect for us.” Extending respect universally is not just a moral imperative—it’s a social necessity.

Respect Transcends Agreement
Respect does not require agreement, approval, or alignment. It is possible—and vital—to respect someone with whom we fundamentally disagree. In the words of the ancient philosopher Confucius, “Without feelings of respect, what is there to distinguish men from beasts?”

My opinion:
Respect should not be viewed as a prize to be earned but as a fundamental right owed to every individual. Let us reserve the idea of "earning" for admiration and excellence while treating respect as the baseline that sustains our shared humanity. After all, “Respect for ourselves guides our morals; respect for others guides our manners” (Laurence Sterne).

The 7 Brutal Rules of Work(And how to win the game)Thanks to Mostyn Wilson for this awesome carousel 🔥1. Visibility is a...
20/10/2024

The 7 Brutal Rules of Work

(And how to win the game)

Thanks to Mostyn Wilson for this awesome carousel 🔥

1. Visibility is as important as performance 👓
↳ Most people think their work will speak for itself.
↳ The reality is you need to make you and your efforts visible.

2. Get a sponsor, not just a mentor 🙌
↳ People believe having a mentor is good enough.
↳ But you need someone who will help you rise the ranks.

3. Perception is reality 👀
↳ We assume people will see and understand the real you.
↳ The truth is, you're in charge of managing how you come across.

4. Always align with key stakeholders 🔑
↳ Most people just worry about their immediate team.
↳ In reality, you need to know the priorities of all key stakeholders.

5. Initiative drives progression 📈
↳ Most people believe success comes from getting the job done.
↳ But seeking out more responsibility will keep you ahead.

6. Solve problems before they arise 🔎
↳ People say they'll cross that bridge when they come to it.
↳ The truth is, anticipating them early can save a lot of headaches.

7. Discretion makes people trust you 🤝
↳ Some people think sharing sensitive info gives you status.
↳ In reality, being discreet will build trust among peers.

You won't find these rules written down anywhere.
But understanding them will supercharge your career.

Are there any other unspoken rules of work?
Let me know in the comments ⬇️

♻️ Repost to help others win the game.



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