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:
Archive for the 'Family and Property Law' Category
Prohibition against Mail-Order Brides
Published by November 28th, 2007 in Criminal Law, Family and Property Law and Immigration Law. 1 CommentSC rejects change of name and gender by reason of sex reassignment surgery
Published by November 3rd, 2007 in Family and Property Law and Obiter/News. 0 CommentsThis 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 “femaleâ€, after having undergone sex reassignment surgery.
Rule on DNA Evidence (A.M. No. 06-11-5-SC; full text)
Published by October 21st, 2007 in Family and Property Law, Litigation and Labor Law and Obiter/News. 0 Comments(The use of DNA in cases gained popularity in recent years. It is used not only in criminal cases, but also in paternity disputes. This month, the Supreme Court issued the Rule on DNA Evidence, through A.M. No. 06-11-5-SC, 2 October 2007. The full text of the Rule on DNA Evidence is reproduced below.)
Conjugal Partnership of Gains: Property Relations in Marriage
Published by October 11th, 2007 in Family and Property Law. 6 CommentsWe previously noted that we are breaking down the discussion on the property relations of the spouses during marriage, as follows: (1) Prenuptial agreements and introduction to property relations between husband and wife; (2) The system of absolute community; (3) Conjugal partnership of gains; (4) Complete separation of property; (5) Donations by reason of marriage; [...]
System of Absolute Community: Property Relations in Marriage
Published by September 28th, 2007 in Family and Property Law. 2 CommentsWe previously noted that we are breaking down the discussion on the property relations of the spouses during marriage, as follows: (1) Prenuptial agreements and introduction to property relations between husband and wife; (2) The system of absolute community; (3) Conjugal partnership of gains; (4) Complete separation of property; (5) Donations by reason of [...]
Travel Clearance Required for Travel of Minors Abroad
Published by September 26th, 2007 in Family and Property Law. 0 CommentsBefore we proceed with the series on the property relations between spouses, let’s take a break and discuss the requirements for minors travelling abroad or outside the Philippines. The official document required is a travel clearance, which is a document issued by the Department of Social Welfare and Development (DSWD) to a Filipino child (below [...]
Marriage Settlement (Prenuptial Agreement) and Introduction to Property Relations in Marriage
Published by September 22nd, 2007 in Family and Property Law. 7 CommentsWhat are the differences between absolute community, conjugal partnership of gains, and complete separation of property? Somebody asked this question some time ago, but we were not able to immediately post a discussion on this matter due to heavy law office work. This is also the same reason why we are constrained to break down [...]
Guidelines on Judicial Solemnization of Marriage
Published by August 10th, 2007 in Family and Property Law and Obiter/News. 1 CommentThe Supreme Court, just yesterday, laid down guidelines on the solemnization of marriage by the members of the Judiciary. These guidelines are meant to address the controversies in connection with alleged irregular solemnization of marriages by judges.
The guidlines, as contained in Administrative Order No. 125-2007 (”Guidelines on the Solemnization of Marriage by the Members of [...]
Jurisdiction in habeas corpus cases involving custody of minors
Published by August 2nd, 2007 in Digests and Family and Property Law. 4 CommentsFamily courts are vested with original exclusive jurisdiction in custody cases, not in habeas corpus cases. The Court of Appeals (CA) and the Supreme Court (SC) had not been divested of their jurisdiction over habeas corpus cases involving custody of minors. This is the issue in the case discussed below.
Costs in seeking an annulment
Published by July 20th, 2007 in Annulment and Legal Separation. 11 CommentsThere are a lot of questions posted in this Forum as to the cost or fee for an annulment procedure. The standard reply is: it depends. We could not possibly speak for the standard fees charged by all lawyers and the costs would normally go up if the case drags on as a result of [...]
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