Katrina Legarda

Atty. Katrina Legarda is an outstanding lawyer who specializes in family law, and is an advocate of the rights of women and children. She is professor of Medical Jurisprudence in the College of Medicine of the University of the Philippines and a lecturer at the Philippine Judicial Academy, Supreme Court. She is the founding chair of the Child Justice League, a foundation dedicated to providing free legal assistance to abused children and children in conflict with the law. She graduated from the University of Bristol, England (B.A Hons., History) in 1975, and obtained her degree in law from the University of the Philippines College of Law. She joined the Angara Abello Concepcion Regala and Cruz Law offices (CCRALAW) in 1981, and left as a Partner in 1992.

Katrina Legarda is a prominent Filipino lawyer who specializes in family law, and is an advocate of the rights of women and [1] children.

Education [edit]
She graduated from the University of Bristol, England (B.A Hons., History) in 1975, and obtained her degree in law from the University of the Philippines College of Law. She joined the Angara Abello Concepcion Regala and Cruz Law offices (ACCRALAW) in 1981 and left a Partner in 1992.

Katrina's Job [edit]

She is Founding Chair of the Child Justice League, a foundation dedicated to providing free legal assistance to abused children

and children in conflict with the law, and a founding member of theCASA/GAL- Philippines Foundation, Inc. She is a member of the Rotary Club and the Iota Tau Tau International Legal Sorority. She is the President of the U.P. Women Lawyers' Circle (an organization of women lawyers who are graduates of the University of the Philippines that provides free legal assistance to women and children, as well as funding a jail decongestion program for children in conflict with the law). Katrina was a member of the board of Museo Pambata (a museum for children in Manila), and is currently a faculty member of the Child Protection Unit Network, Inc. (CPU-Net). She is a member of the Research Committee of the Philippine Judicial Academy. Under the auspices of the UNICEF, PLAN International, the British Embassy (Manila) and UNIFEM, she trains judges, prosecutors, social workers and police personnel around the country (as well as in Vientiane, Lao PDR, Goa, India and Lahore, Pakistan) on the investigation of crimes involving women and children. She is presently a Professor in the College of Medicine of the University of the Philippines teaching Medical Jurisprudence and also a Professor in the College of Law of the [Pamantasan Ng Lungsod ng Maynila (PLM), and Lyceum of the Philippines University-makati (LPU) teaching Persons and Family Relations and Legal Writing. She is also a Professor in the College of Law of theUniversity of the Philippines, teaching Persons and Family Relations.

Katrina's Hosting [edit]

She once hosted, pro bono, an hourly legal segment on the radio station Crossover 105.1, called Legal Log. She has written for the Sunday Times, The Manila Times, SAVVY Magazine, K Magazine, the Business World, and the Peoples Tonight. She has a legal segment on the ABS-CBN morning show, Umagang Kay Ganda, every Monday morning. She writes a column for

ABS-CBN Interactive called "Kat's Eye." She contributes to various other newspapers and magazines for articles on family law. She co-authored A Time To Love, A Time To Leave (a book on marriage and divorce Philippine-style) with Jullie Yap-Daza, and is an essayist for Women with Fire (edited by Lorna KalawTirol) and Pinay: Autobiographical Narratives by Women Writers, 1926-1998 (edited by Cristina Pantoja Hidalgo). She was the host of a legal talk show on the ABS-CBN News Channel entitled "By Demand", and a co-host on ABS-CBN Channel 2 of a news and current affairs talk show entitled "Off The Record."

Award [edit]
She has received Soroptimist International awards: Woman Helping Women and Woman Advancing the Status of Women. She is a Parangal Ng Bayan Awardee for 1999 and is featured as one of the Leaders of the Millennium in the 2000 Philippine Year Book. She was the Chairperson of the 7th ISPCAN Asian Regional Conference that was held in Manila, Philippines, in September 2007.

Personal life [edit]

Katrina Legarda has three children.

TV Shows [edit]

Off The Record (2000-2001) By Demand (2002-2004)

Marriage, annulment and children Katrina Legarda

As promised, I will try to answer more of your queries this week. Here they are: Finally I got the annulment of my marriage after almost ten years. My question is, Do I have to advise the civil registrar or city hall where I took our marriage license of the same. Do I need to have an Attorney in this regard. All the children from my first marriage are with me and I got two sons from my second wife, who were both born outside the Philippines. We were married in church outside the Philippines after the annulment. My previous wife got two sons also from another man. Our (my second wife and I) relation with my previous wife are OK. Could you please advise, also what will I do for my two sons who were born out of the Philippines. Their birth certificates were forwarded to the Philippine Consulate and they got Philippine Passports. Do I have to register them with the NCSO or will the consulate itself forward the birth certificates to the NCSO? You do not tell me why you are asking me these questions considering that you must have had a lawyer to handle your nullity case. Is it because it was your first wife who filed and you did not bother to respond? If your first wife was the petitioner, then her lawyer should take care of ensuring the cancellation of your marriage certificate in the civil registrar. If you were the petitioner, your lawyer should do this. You may have to pay extra as this is a full-of-red-tape process and will require a lot of time on the part of the lawyers staff. If you do not want to pay any more, please look at the end part of your court decision and see which civil registrars are mentioned by the court: you have to register the decision in all those agencies. You also do not tell me whether your two sons with your second wife were born while you were still married to your first wife. If so, they are illegitimate and you can adopt them so that you can make them legitimate. They were not legitimated by your church wedding. In fact, you do not even indicate whether you were able to get a license to properly marry your second wife. Is this why you tell me that you married in church?

Anyway, as far as I know the Philippine Consulate has to forward your sons birth certificate to the NSO. Why dont you check with the NSO? They will be more qualified to advise you than a lawyer. Good luck. *** To our surprise, a child used my husband's family name because the mother claimed that the father of her child is my husband. Well, they had a "non-serious" relationship 6 years ago before we were married and the other woman had her other relationships also. My husband strongly denied and does not acknowledge the child as his. No letters, no conversations were made, nothing at all. Is it really possible that they can use our family name? The child is in school now but we know there is no birth certificate submitted to the registrar but they continue using our surname so that they can claim daw what is due for them. The Family Code states that illegitimate children have to use the maiden or birth surname of the mother. However, Republic Act 9255 amended the Family Code, such that illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. If that child is not your husbands child, your husband has the right to institute an action before the regular courts to prove non-filiation (that is, he can go to court to prove that the child is not his) during his lifetime. Big hassle, noh? Just for your peace of mind, please know that unless your husband has recognized the child as his, that child who carries his name can not inherit from him. Make sure that he doesnt see her, or give her money, or recognize her by any means, OK? Unfortunately, otherwise, no-one can prevent any person from using any name, as long as no crime is involved.

Katrina Legarda: On psycholog ical incapacity

and absentee lawyers

I received a couple of queries on the email to which I will respond (letters have been slightly edited). Here is the first: I have heard from a friend that in order for psychological incapacity to be recognized by the courts, it should have occurred before the marriage. If such is the case, then why not require an exam before the marriage to see if the couples are really psychologically fit for marriage? Maybe from this exam, it can be seen whether one or both of the couples are really psychologically incapacitated. From what it seems, psychological incapacity is becoming the most used excuse to annul a marriage. It's just ridiculous! - Joy Hi Joy: Yes, the existence of psychological incapacity is one of the grounds to seek nullity of a marriage. This ground was

included in the Family Code, which became law on August 3, 1988. Article 36 states: A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227). So, if you notice the way the law is crafted, you will see that the psychological incapacity must exist "at the time of the celebration" of the marriage. This means that even before you married, you were already psychologically incapacitated. Psychologists tell us that psychological incapacity is a result of a person's upbringing: so, if you think about it, we are all probably psychologically incapacitated. Why then do some marriages work? Because the two people marrying do so for the right reasons: they are friends first, they appreciate the other's strengths, and accept the other's weaknesses. I agree with you: the best engagement gift any couple can receive is a voucher to a psychologist who will conduct a psychological evaluation report of the couple and give feedback on how they can live with each other for the rest of their lives. As I said earlier, the presence of psychological incapacity is only one of the grounds to have a marriage declared void. It might be ridiculous because everyone uses this ground (especially the artistas), however, as the Supreme Court said: Indeed, Article 36 of the Family Code, in classifying marriages contracted by a psychologically incapacitated person as a nullity, should be deemed as an implement of this constitutional protection of marriage. Given the avowed State interest in promoting marriage as the foundation of the family, which in turn serves as the foundation of the nation, there is a corresponding

interest for the State to defend against marriages ill-equipped to promote family life.Void ab initio marriages under Article 36 do not further the initiatives of the State concerning marriage and family, as they promote wedlock among persons who, for reasons independent of their will, are not capacitated to understand or comply with the essential obligations of marriage. (Antonio v Reyes, G.R. No. 155800, March 10, 2006) And here is the second letter: Good day po, Atty. What will i do with my absentee lawyer? I can't replace him because I cant afford to pay acceptance fee again. Thank you po. - Nelly Dear Nelly, Please report this matter to the Supreme Court. You can write a letter-complaint giving your lawyer's name, address and other contact details, and indicating his failure to properly represent you. You should copy-furnish the Integrated Bar of the Philippines, Director of Bar Discipline, IBP Building, Pasig City. You can also ask the IBP or the Public Attorneys Office for legal assistance to pursue your case. They have offices in the Hall of Justice nearest you. If you live near the University of the Philippines, you can ask for advice from the law school's Office of Legal Aid. Do not feel helpless. Protect your rights. Please send in your questions, if any, through katlegarda@yahoo.com. I will not answer personally, OK? However, if the question or situation is interesting, I may write about it in this space. Till next time.

Katrina Legarda: The point of the evidence InterAksyon.com

Katrina Legarda: The point of the evidence - InterAksyon.com "x x x.

The value of evidence is that it can prove the commission of a crime, it is more reliable than eyewitnesses, it can link the suspect to the victim (and a crime scene), it can corroborate testimony, it can lead to a confession and, as part of due process, it can exonerate the innocent. You need to discover evidence, preserve it, document it, and then analyse it. There are as many kinds of evidence as there are laws. There is testimonial evidence: "he said, she said." Testimonial evidence is the most common kind of evidence in Philippine courts. A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception. How will you know who is telling the truth? A "fact" witness is one who is not an expert. A "fact" witness is basically someone who saw, or heard, smelt, or felt something. A "fact" witness cannot, as a general rule, give an opinion on nor can he make an interpretation of what he saw, heard, smelt, or felt. So, if you happen to open your garage door one morning and there is a dead person there, all you can say is, I saw a dead person in my garage that day. If at the same time you smelt almonds in your garage that day, all you can say is, I smelt almonds in my garage that day. Only an expert can tell the court what was the cause of death (poisoning), the manner of death

(homicide), and the meaning of the smell of almonds (cyanide). An expert can offer opinions and interpretations of the evidence, is allowed to provide opinions as to the meaning of what was seen, heard and felt, and can offer opinions based upon facts personally observed or based upon information provided by others. What is not allowed in court? The most important incompetent evidence is hearsay. Hearsay is not admissible in evidence. What is hearsay? Example: I was told by X that the accused owns a house in Forbes Park. Double hearsay: I was told by X, that A had told him, that the accused owns a house in Forbes Park. Can you imagine if hearsay were allowed? The person who hates you can destroy your reputation. It is gossip, basically. Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. DNA is considered object evidence, for example, as is a car or a dead body. Documents as evidence consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents. To present evidence, you must show that these are relevant to the issue: for example, does the SALN prove that the Chief Justice is corrupt? Parang hindi if those are the only documents you will present, right? The SALN is not direct evidence. They could be part of circumstantial evidence though, as when taken together with other documents, the whole set could prove "the fact in issue by inference or as a probably consequence." Documents must be marked, identified and authenticated and, the best evidence rule applies. This means that when a document is presented to the court, there has to be a witness who will identify the document and affirm that it is not a forgery, for example. The best evidence rule merely means that the document presented reflects the greatest certainty of the facts in question. So, did the Chief justice in fact file SALNs? Yes, he did because the SALNs were presented in court as having been filed by him.

It is only after a party rests his case can a formal offer of the evidence be made. A formal offer of evidence is generally in writing. When you look at a formal offer of evidence, you will see three columns: Exhibit Number (1st column), Description of the Evidence/Exhibit (2nd column), Purpose of the Evidence (3rd column). See, you need to be able to tell the court why the evidence you are offering proves a point you made during the trial or proves an allegation you made in the complaint. Right now, all that the prosecution is requesting is marking of the exhibits. Marking is not offering. The judges will decide on what probative value to give the evidence, that is, what does this piece of evidence actually prove, after a formal offer of evidence is made. When all evidence of both parties are in, then and only then will the judges decide whether to convict or to acquit. It ain't easy

Please send in your questions, if any, through katlegarda@yahoo.com. I will not answer personally, OK? However, if the question or situation is interesting, I may write about it in this space. Till next time.."

Get to Know the Next Supreme Court Associate Justice Part II

ATTY. KATRINA LEGARDA. Atty. Katrina Legarda was nominated to the Supreme Court by UP College of Law Dean Marvic Leonen. Based on Atty. Legardas own description of herself, she believes she is independent, hardworking, and she thinks out of the box. She grew up in England. Shes a member of the Order of the Purple Feather and worked in ACCRA Law and left the Office in 1992. Only when she was preparing her requirement for the SC did she realize how much she could contribute to the Supreme Court. One of her greatest achievements in her law practice is the Supreme Courts recognition of the battered woman syndrome in People vs. Marivic Genosa. She also handled the statutory rape case against then Congressman Romeo Jalosjos. She is currently assisting young lawyers in handling child abuse cases.

Atty. Legardas view of judicial independence is that justice is understood by the common people, whether they win or lose, because there is adherence to rule of law. She believes that integrity has to do with ones personal life. She also believes that background investigation of candidates should be conducted by the JBC. Her most important contribution to the Supreme Court would be her experience as a litigator, as a law professor, and an advocate. She argues a case from the lawyers table. She thinks that she should be chosen over the other applicants because of her out-of-the box way of thinking, she sees how the law practice has evolved and that she is willing to take risks. On whether she is ready to live a life of a magistrate, Atty. Legarda believes she is ready and that she could be effective in Supreme Court. On why she did not apply in 2009 when there were six vacancies, she reiterated that it was only when she was nominated by Dean Leonen that she entertained the idea of applying to the High Court. She is not in favor of death penalty and believes that it is not a deterrent to crimes but the fact that the criminal is aware that he/she will be caught and prosecuted. For her, a judge found to be guilty of bribery should not only be dismissed and disbarred but also prosecuted. On the Philippine Judicial Academy, she believes that modules should be based on skills. There is also a need to hold workshops and other training programs for competency enhancement.

CJ aspirant Legarda: It's time to have divorce in the Philippines

Lawyer Katrina Legarda on Tuesday told the Judicial and Bar Council that the Philippines should have a law on divorce, considering that 50 percent of marriages end up in the courts.

Legarda, one of the six aspirants to the chief justice position interviewed by the JBC, noted that out of thousands of petitions before the Supreme Court seeking to nullify marriages only seven have so far been rendered a decision. It is time for us to have a divorce law, said Legarda, 57, the chief legal counsel of state-run Government Service Insurance System. "I do not understand the resistance to divorce other than the Catholic Church does not wish it to be passed," Legarda said during her panel interview broadcast live on national television. It may be passed in a limited sense. As human beings, people make mistakes. People are coming to family lawyers after six months of marriage. I wonder looking at these young people, what is the life ahead of them if they are not given a second chance, she said. On the RH Bill On the controversial Reproductive Health Bill, Legarda said the use contraceptives or condoms may prevent conception and it does not violate the constitutional provision that protects the right of an unborn child, because the fertilized ovum has not been implanted with a sperm. She said sex education, which is also contained in the RH bill, should be institutionalized. Many young children think they will not get pregnant the first time. Many people do not understand what the act of sex is Without the guidance of parents, the school should provide sex education, she said.

Legarda cited a recent study which showed that nine in 10 children have seen pornography on the Internet, while teenage pregnancy rate in the country was a notch below that of the United Kingdoms. On the Corona impeachment The impeachment of Chief Justice Renato Coronal last May 29 infringed upon judiciary independence, according to the GSIS lawyer. Yes to a certain extent [it has infringed upon judicial independence]. I felt that the grounds were not really impeachable offenses, she said. The Senate impeachment court found Corona guilty of betrayal of public trust and culpable violation of the Constitution after failing to faithfully declare the extent of his wealth in his statement of assets, liabilities and net worth. Asked how she would want to be remembered as a chief justice, Legarda said, Someone who has always been fair. On the second day of the JBC interviews Wednesday, two Supreme Court Associate Justices Arturo Brion and Roberto Abad will be interviewed, as well as lawyer Rafael Morales, former dean of the University of the Philippines College of Law Raul Pangalangan, Commissioner Rene Sarmiento of the Commission on Elections, and retired Judge Manuel Siayngco Jr. The panel interviews are scheduled until Friday. VS, GMA News