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LEGAL MEMORANDUM Sample

This legal memorandum addresses remedies available for a client whose nephew or niece is being physically abused by their parents. It recommends reporting the abuse to the proper authorities, as physical abuse of a child violates the Violence Against Women and Children Act and the Special Protection of Children Against Abuse Act. If abuse is established, the prosecutor can file a case. The document also notes that parental authority can be revoked if abuse is proven, and that an uncle or aunt may petition for guardianship if parental authority is revoked. Finally, it outlines the adoption process and states the child must first be declared available for adoption.

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angelo prieto
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357 views1 page

LEGAL MEMORANDUM Sample

This legal memorandum addresses remedies available for a client whose nephew or niece is being physically abused by their parents. It recommends reporting the abuse to the proper authorities, as physical abuse of a child violates the Violence Against Women and Children Act and the Special Protection of Children Against Abuse Act. If abuse is established, the prosecutor can file a case. The document also notes that parental authority can be revoked if abuse is proven, and that an uncle or aunt may petition for guardianship if parental authority is revoked. Finally, it outlines the adoption process and states the child must first be declared available for adoption.

Uploaded by

angelo prieto
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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LEGAL MEMORANDUM

Issue: What are the remedies of a client, whose nephew or niece is being physically abused by
the parents of such child.

The Violation of R.A. 9262 or R.A. 7610 should be reported or made known to the proper
authorities

Our laws provide that it is against the law to physically hurt, abuse, or injure a child according to
the provisions of R.A. 9262 (Violence Against Women and Children Act) in relation to R.A. 7610
(Special Protection of Children Against Abuse, Exploitation, and Discrimination Act). What I
would advise my client to do is to make the illegal acts known to the proper authorities. Once it
has already been established that there is truth to the violations of R.A. 9262 and R.A. 7610, the
prosecutor can file a case against such guardians.

In addition, Articles 230 and 231of the Family Code of the Philippines provide that parental
authority may be taken away upon conviction of a crime which carries with it the penalty of civil
interdiction and that parents may also lose their parental authority over a child through harshness
or cruelty. These two provisions are clearly within the ambit of R.A. 9262 and R.A. 7610.

Parental authority may be given to an uncle or aunt subject to certain conditions

According to the Rule on Guardianship of Minors (A.M. No. 03-02-05-SC), an uncle or aunt may
petition for guardianship. Furthermore, as to conditions that must be met prior to the filing of the
petition for guardianship, there must be a suspension, deprivation, or termination of the parental
authority of the parent violating R.A. 9262 and R.A. 7610.

Adoption

According to R.A. 8552 or the Domestic Adoption Act of 1998, the child may be adopted by a
person if the latter is at least 16 years older than the adoptee and needs the consent of the
following persons:

(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child;

(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s)
and adoptee, if any;

(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with
said adopter and the latter's spouse, if any; and

(e) The spouse, if any, of the person adopting or to be adopted.

However, prior to such adoption, the child must be administratively or judicially declared
available for adoption before the process of adoption may be allowed.

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