Archive for the 'Family and Property Law' Category

Proposed Divorce Law in the Philippines

Divorce is a controversial topic, except that it’s often discussed with hushed voices (related discussion here). In 2005, party-list representative Liza Masa of Gabriela filed a divorce bill. In 2001, similar bills were filed in the Senate (Bill No. 782), introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878), introduced by [...]

Primer on the Solo Parents’ Welfare Act of 2000 (RA 8972)

Who is considered as a “solo parent”?
A “solo parent” (pursuant to Republic Act No. 8972, also known as the “Solo Parents’ Welfare Act of 2000″) is any individual who falls under any of the following categories:

Annulment in the Philippines: Questions and Answers (Part 3)

My fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my “wife” is already using my surname in her documents, including her passport. Am I considered as “married”?

No. A marriage license is valid only for 120 days, and any marriage contracted after that period is [...]

Last Will and Testament: Basic Discussion

The settlement of a person’s estate after his/her death, based on our experience, is potentially one of the more bitter litigations. It’s never good to see relatives fighting each other. Some persons, with the intent of controlling the disposition of his/her properties after his/her death (and hopefully prevent fighting among his/her heirs over the properties [...]

Venue of Petitions for Annulment or Declaration of Nullity

One of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void [...]

Rule on declaration of absolute nullity of void mariages and annulment of voidable marriages

A.M. No. 02-11-10-SC
RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
R E S O L U T I O N
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed Rule on Declaration [...]

Prohibition against Mail-Order Brides

You may be aware of the existence of mail-order brides, although you may not be aware that this is an “industry.” According to a study (The “Mail-Order” Bride Industry and its Impact on U.S. Immigration), funded through the U.S. Immigration and Naturalization Service:

SC rejects change of name and gender by reason of sex reassignment surgery

This is a digest of Rommel Jacinto Dantes Silverio vs. Republic (G.R. No. 174689, 22 October 2007), wherein the petitioner sought to have his name in his birth certificate changed from “Rommel Jacinto” to “Mely,” and his sex from “male” to “female”, after having undergone sex reassignment surgery.