Archive for the 'Family and Property Law' Category

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

I 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

In 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

(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

Aliens, 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

When 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

Divorce 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

If 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 […]

Can someone remarry even without going to court due to absence or separation?

Could someone automatically remarry after being separated, or when the other spouse had been “absent”, for several years? There are a number of questions along this line that were posted in the Forum. While there’s already an initial discussion on this, the question keeps cropping up, so let’s put this issue to rest once and […]

Full text of House Bill No. 5043 (Reproductive Health and Population Development Act of 2008)

(Knowing the details of the proposed law is important in having a healthy debate on the issue. Here’s the full text of House Bill No. 5043, which is in substitution to HB Nos. 17, 812, 2753 and 3970, introduced during the first regular session of the 14th Congress by Honorables Edcel C. Lagman, Janettte L. […]

Reproductive Health Bill: Fact Sheet and Explanatory Note

(Note: This is the Fact Sheet from the Committee on Health on House Bill No. 5043 [full text],  in substitution to HB Nos. 17,  812,  2753 & 3970. Introduced by Reps. Edcel C. Lagman, Janette L. Garin, Narciso D.Santiago III, Mark Llandro Mendoza, Ana Theresia Hontiveros-Baraquel, Eleandro Jesus F. Madrona. The full text of the […]

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