DECLARATION OF NULLITY OF MARRIAGE: PSYCHOLOGICAL INCAPACITY

Is the defendant spouse required to be personally examined by a psychologist to declare marriage void by reason of psychological incapacity?

No. There is no requirement that the defendant spouse be personally examined by a psychologist. What matters is whether the totality of evidence presented is adequate to sustain a finding of psychological incapacity. (G.R. No. 180668)


Are irreconcilable differences a ground for psychological incapacity?

No. The aw requires that the psychological incapacity be a downright incapacity, not refusal or neglect or difficulty, much less ill will. The mere showing of irreconcilable differences and conflicting personalities does not constitute psychological incapacity. (G.R. no. 166579)


Do you need psychologist to determine psychological incapacity?

Yes. In the task of ascertaining the presence of psychological incapacity as a ground for the nullity of marriage, the courts, which are concededly not endowed with expertise in the field of psychology, must of necessity rely on the opinions of experts in order to inform themselves on the matter, and thus enable themselves to arrive at an intelligent and judicious judgment. Indeed, the conditions for the malady of being grave, antecedent and incurable demand the in-depth diagnosis by experts. (G.R. No. 166357, 14 Janaury 2015)

PRIVACY: CCTV AND SURVEILLANCE CAMERAS

Can any person take pictures of your home without your consent? Can your neighbour install a CCTV that would pry to your property? NO NO.

In this day and age, video surveillance cameras are installed practically everywhere for the protection and safety of everyone. The installation this cameras, however, should not cover places where there is reasonable expectation of privacy, unless the consent of the individual, whose right to privacy would be affected was obtained. Nor should these cameras be used to pry into the privacy of another's residence or business office as it would be no different from eavesdropping, which is a crime under Republic Act No. 4200 or the Anti-Wiretapping Law. (Hing v. Choachuy, G.R. No. 179736)

Clearly, it is a violation of one's right to privacy when CCTV or cameras are installed in a place that a person expects privacy. A CCTV that overlooks the neighbor's property is illegal. Taking pictures of the property or house of another without the owner's consent is illegal. Nevertheless, an individual's right to privacy should not be confined to his house or residences as it may extend to places where he has the right to exclude the public or deny them access. The phrase "prying into the privacy of another's residence," therefore, covers places, locations, or even situations which an individual considers as private. As long as his right is recognized by society, other individuals may not infringe on his right to privacy.

The right to privacy is the right to be let alone.

The right to privacy is enshrined in our Constitution and in our laws. It is defined as "the right to be free from unwarranted exploitation of one’s person or from intrusion into one’s private activities in such a way as to cause humiliation to a person’s ordinary sensibilities." It is the right of an individual "to be free from unwarranted publicity, or to live without unwarranted interference by the public in matters in which the public is not necessarily concerned." Simply put, the right to privacy is "the right to be let alone."

The Bill of Rights guarantees the people’s right to privacy and protects them against the State’s abuse of power. In this regard, the State recognizes the right of the people to be secure in their houses. No one, not even the State, except "in case of overriding social need and then only under the stringent procedural safeguards," can disturb them in the privacy of their homes.

The right to privacy under Article 26(1) of the Civil Code covers business offices where the public are excluded therefrom and only certain individuals are allowed to enter.

Article 26(1) of the Civil Code, on the other hand, protects an individual’s right to privacy and provides a legal remedy against abuses that may be committed against him by other individuals. It states:

Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another’s residence;

x x x x

This provision recognizes that a man’s house is his castle, where his right to privacy cannot be denied or even restricted by others. It includes "any act of intrusion into, peeping or peering inquisitively into the residence of another without the consent of the latter." The phrase "prying into the privacy of another’s residence," however, does not mean that only the residence is entitled to privacy. As elucidated by Civil law expert Arturo M. Tolentino:

Our Code specifically mentions "prying into the privacy of another’s residence." This does not mean, however, that only the residence is entitled to privacy, because the law covers also "similar acts." A business office is entitled to the same privacy when the public is excluded therefrom and only such individuals as are allowed to enter may come in. x x x (Emphasis supplied)

Thus, an individual’s right to privacy under Article 26(1) of the Civil Code should not be confined to his house or residence as it may extend to places where he has the right to exclude the public or deny them access. The phrase "prying into the privacy of another’s residence," therefore, covers places, locations, or even situations which an individual considers as private. And as long as his right is recognized by society, other individuals may not infringe on his right to privacy. The CA, therefore, erred in limiting the application of Article 26(1) of the Civil Code only to residences.

The "reasonable expectation of privacy" test is used to determine whether there is a violation of the right to privacy.

SCHEDULE OF FILING OF ANNUAL FINANCIAL STATEMENTS

Pursuant to SEC Memorandum Circular No. 16 s. 2013, the filing of Annual Financial Statements for companies with fiscal year ending in December 31, would be based on the last digit of their registration numbers.

April 14, 15, 16, 17, 18       : Ending in "1" and "2"

April 21, 22, 23, 24, 25       : Ending in "3" and "4"

April 28, 29, May 2             : Ending in "5" and "6"

May  5, 6, 7, 8, 9                : Ending in "7" and "8"

May 12, 13, 14, 15, 16       : Ending in "9" and "0"

EXTENSION OF PROBATIONARY EMPLOYMENT IS ALLOWED WHEN VOLUNTARILY AGREED UPON BY PARTIES

There is no prohibition on the extension of probationary employment period provided that the employee voluntarily agreed to the extension. The Supreme Court acknowledges the extension as an act of compassion of the employer to the employee who failed to meet the standards of the probationary employment. The new period is given to the employee so that he can improve and prove that he is a qualified employee.

(G.R. No. 74246) The extension of probation was ex gratia, an act of liberality on the part of the employer affording a second chance to make good after having initially failed to prove his worth as an employee. Such an act cannot now unjustly be turned against said employer's account to compel it to keep on its payroll one who could not perform according to its work standards. The law, surely, was never meant to produce such an inequitable result.

By voluntarily agreeing to an extension of the probationary period, the employee in effect waived any benefit attaching to the completion of said period if he still failed to make the grade during the period of extension. The Court finds nothing in the law which by any fair interpretation prohibits such a waiver. And no public policy protecting the employee and the security of his tenure is served by prescribing voluntary agreements which, by reasonably extending the period of probation, actually improve and further a probationary employee's prospects of demonstrating his fitness for regular employment.