A petition for annulment may be denied for a number of reasons. We’ve already discussed certain defenses, one of which is the expiration of the prescriptive period within which the petition should have been filed. A prescriptive period simply means that the petition based on a particular ground can no longer be filed beyond a [...]
Archive for the 'Family and Property Law' Category
Prescription of Actions for Annulment in the Philippines (and Who may File Action)
Published by March 9th, 2011 in Annulment and Legal Separation. 15 CommentsAnnulment in the Philippines: Questions and Answers (Part 5): Overseas Filipinos Edition
Published by September 27th, 2010 in Annulment and Legal Separation. 28 CommentsWe already have four installments on this topic (refer to Part I, Part II, Part III , Part IV), as well as related posts on annulment, legal separation, declaration of nullity and divorce. We’re trying to cope with the numerous questions raised, but with our schedules, it’s impractical to answer the questions one by one. [...]
A brief discussion on Infidelity, Concubinage, Adultery and Bigamy
Published by November 23rd, 2009 in Annulment and Legal Separation, Criminal Law and Family and Property Law. 54 CommentsWe 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
Published by October 14th, 2009 in Corporate and Investments and Family and Property Law. 1 CommentThe 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)
Published by August 17th, 2009 in Annulment and Legal Separation. 44 CommentsThis 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
Published by August 17th, 2009 in Annulment and Legal Separation. 15 CommentsI 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
Published by August 12th, 2009 in Family and Property Law. 3 CommentsIn 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
Published by August 11th, 2009 in Criminal Law, Family and Property Law and Immigration Law. 1 Comment(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
Published by June 11th, 2009 in Corporate and Investments and Family and Property Law. 6 CommentsAliens, 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
Published by June 9th, 2009 in Family and Property Law. 10 CommentsWhen 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 [...]
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