Archive for the 'Family and Property Law' Category

A brief discussion on Infidelity, Concubinage, Adultery and Bigamy

ShareWe previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Let’s continue the discussion on [...]

Dam Operator liable for Negligence in Flooding

ShareThe recent flooding recently caused by the heavy rainfall brought by Typhoons Ondoy and Pepeng has caused tremendous damage to life and property. Also recently, there are threats to sue the dam operators who were allegedly negligent in releasing water too late and without sufficient warning.

Annulment in the Philippines: Questions and Answers (Part 4)

ShareThis is part of the continuing installment of discussions on annulment or declaration of nullity. We cannot answer each question because of certain limitations. Related questions are lumped and discussed in general. Before posting a question, kindly search the related articles in this site. Otherwise, please be patient and wait for future discussions that may [...]

Lack of parental consent or parental advice: Effect on validity of marriage

ShareI was 20 years old when I got married, but my parents didn’t know that I was married. Is my marriage valid? A number of discussions, through the comments in various posts, center on the validity of marriage without the knowledge or consent of parents. Let’s have a general discussion on this one.

Thoughtless Extravagance in times of Acute Public Want

ShareIn 2008, Baguio City suspended the issuance of permits for motorcades along its roads, citing the a Civil Code provision against splurging during critical times. In 2002, a court in Nueva Vizcaya issued a “temporary restraining order (TRO) preventing the Sangguniang Panlalawigan members from buying 13 luxury vehicles” for their own individual use, citing the [...]

Anti-Trafficking in Persons Act of 2003 (RA 9208): A Primer

Share(A recent news article warns foreigners from marrying Filipino women in exchange for their kidneys or other organs. Two laws were cited: the law against mail-order brides and Anti-Trafficking in Persons Act of 2003. Since we already have a previous discussion on the prohibition against mail-order brides, let’s have a brief discussion on Republic Act [...]

Ownership of Philippine Land by Foreigners

ShareAliens, as a general rule, are not allowed to own real property in the Philippines. By “aliens”, we don’t mean creatures from outer space, but persons who are citizens of other countries. By “general rule”, we mean that there are certain exceptions, and two of such exceptions are discussed below.

Extrajudicial Settlement of Estate: Basic Discussion

ShareWhen a person dies intestate (which means he left no will) the competent court shall appoint a qualified administrator for the estate. The same rule applies even if the person dies testate (which means that he left a will) if the will failed to name an executor in his will, or if the named executor [...]

Judicial Recognition of a Foreign Divorce Decree

ShareDivorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.We already have a number of discussions on this (read more here and here). In certain instances, however, a divorce validly secured abroad by a non-Filipino may be recognized here in the Philippines. What are circumstances [...]

Legal Status of Parcels of Land in Boracay

ShareIf you’re planning to purchase or deal with land located in Boracay, you may want to check on two things: (1) whether the parcel of land belongs to the portion already declared as agricultural, as this is the only portion which may be alienated or disposed of; and (2) if it is classified as agricultural [...]