GCD Law Office and Notarial Services

28/02/2024

SC Affirms Conviction of Child Pornographer |

Sending a strong message that child po*******hy, among other forms of sexual exploitation and abuse, presents an acute danger worldwide if facilitated through the internet, the Court affirmed the conviction of a child pornographer and sentenced it to imprisonment and a fine of PHP 2,000,000.

This was the ruling of the Supreme Court En Banc, through Associate Justice Mario V. Lopez, as it denied the appeal of Luisa Pineda (Pineda) who was convicted by the Regional Trial Court (RTC) and the Court of Appeals (CA) for child po*******hy qualified with the use of a computer system.

The Court found all the elements of child po*******hy under RA 9775 present in Pineda’s case.

Under Sections 4(a), (b), and (c) of RA 9775, the elements of child po*******hy are: (1) the victim is below 18 years old or over but unable to fully take care of himself or herself; (2) the offender either: (i) hires, employs, uses, persuades, induces or coerces a child to perform in the creation or production of any form of child po*******hy; or (ii) produces, directs, manufactures or creates any form of child po*******hy; or (iii) publishes, offers, transmits, sells, distributes, broadcasts, advertises, promotes, exports or imports any form of child po*******hy; and (3) the child’s sexual activities were represented through visual, audio, or written combination, by electronic, mechanical, digital, optical, magnetic, or any other means.

Read more at https://sc.judiciary.gov.ph/sc-sentences-child-pornographer-to-imprisonment-and-php2-million-fine/

28/02/2024

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28/02/2024

21/02/2024

SC: Surviving Spouse Entitled to SSS Pension Even if Marriage Was Contracted After Spouse’s Disability |

The Supreme Court has voided the provision in the Social Security Act that disqualifies as primary beneficiaries those who become the legitimate spouse of the pensioner only after the latter suffered permanent total disability.

The Supreme Court En Banc, through Associate Justice Henri Jean Paul B. Inting, declared void the proviso “as of the date of disability” in Section 13-A(c) of Republic Act No. (RA) 8282, or the Social Security Act of 1997 (Social Security Law), for being contrary to the due process and equal protection clauses of the Constitution, as it granted the petition for review on certiorari filed by Belinda D.R. Dolera (Belinda). The petition challenged the rulings of the Court of Appeals (CA) which had upheld the Order of the Social Security Commission (SSC) denying Belinda’s application for survivorship pension following the death of her husband, Leonardo L. Dolera (Leonardo).

Ordering the SSS to process Belinda’s claim for survivorship pension, the Court stressed that the Social Security Law was enacted pursuant to the policy of the State to promote social justice and provide protection to the workers and their beneficiaries against the hazards of contingencies, such as disability and death, resulting in loss of income or financial burden.

As a social welfare legislation, the Social Security Law should be liberally construed in favor of the intended beneficiary, for it is only by giving the law a liberal construction that the constitutional policy concerning promotion of social justice is realized, held the Court.

The assailed provision of Section 13-A(c) of the Social Security Law provides that to be considered a primary beneficiary entitled to receive survivorship pension, the applicant must be the legitimate spouse of the pensioner as of the date of the latter’s disability.

The Court ruled, however, that the said provision is void for being violative of the equal protection clause of the Constitution as it discriminates against dependent spouses who married the pensioners after the latter qualified for their pension.

The Court further ruled that Section 13-A(c) of the law violates the Constitution’s due process clause. Reiterating its 2004 ruling in GSIS, Cebu City Branch v. Montesclaros, the Court held that retirement benefits, including SSS pension, are protected property interest given that these are compulsory contributions that formed part of one’s compensation, rather than a mere gratuity.

In the case of Belinda, the Court held that her right to receive the survivorship pension was already established because as the deceased pensioner’s surviving spouse, she is entitled to the pension. Thus, its “unceremonious denial is an outright confiscation of [Belinda’s] right in violation of the due process clause,” the Court concluded.

Read more at https://sc.judiciary.gov.ph/sc-surviving-spouse-entitled-to-sss-pension-even-if-marriage-was-contracted-after-spouses-disability/. Read G.R. No. 253940 (Dolera v. SSS) at https://sc.judiciary.gov.ph/253940-belinda-d-r-dolera-vs-social-security-system/.

16/02/2024

05/12/2023

📢 Notice Re: Release of Results; Oath Taking and Roll Signing Ceremonies for the 2023 Bar Examinations

In anticipation of the release of the Results and the List of Successful Examinees for the 2023 Bar Examinations, please scan the following QR Codes for the livestream links, for simultaneous access by the public.

Guidelines for the Oath Taking and Roll Signing Ceremonies are also issued in the Notice.

READ the Notice in full at https://sc.judiciary.gov.ph/wp-content/uploads/2023/12/Dec4-Notice-Re-Results-Oath.pdf.

05/12/2023