“SC relaxes rules on psychological incapacity as ground to annul marriages,” says the news title in a popular newspaper. While the news article does not mention the title of the case, it’s clearly abundant that it refers to the 2015 case of Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015). Did the […]
Archive for the 'Family and Property Law' Category
The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity
Published by March 10th, 2015 in Annulment and Legal Separation. 3 CommentsValerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015)
Published by March 10th, 2015 in Annulment and Legal Separation and Litigation and Labor Law. 0 Comments[This is the full text of the Supreme Court’s Resolution in the case of Valerio E. Kalaw vs. Ma. Elena Fernandez, G.R. No. 166357, 14 January 2015, with Justice Bersamin as ponente. This is reproduced for academic reasons, for those who seek a more thorough understanding of the case. See also: The “Relaxation” of Rules in […]
Are You Covered by the Rent Control Law?
Published by February 17th, 2015 in Family and Property Law. 1 CommentIf you search the internet, there are various write-ups on the rule that any rent increase should not be more than 7% per year. It’s not surprising, however, that some landlords or lessors have increased rents by an amount higher than 7%. So, what is the coverage of the existing rent control law?
Anti-Bullying Act of 2013 (Republic Act 10627)
Published by September 18th, 2013 in Family and Property Law and Obiter/News. 3 CommentsREPUBLIC ACT NO. 10627 AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS SECTION 1. Short Title. – This Act shall be known as the “Anti-Bullying Act of 2013”.
Rule on Violence Against Women and their Children (A.M. No. 04-10-11-SC)
Published by March 21st, 2013 in Criminal Law and Family and Property Law. 3 CommentsEN BANC A.M. No. 04-10-11-SC RE: RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN RESOLUTION Acting on the report of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed Rule on Violence Against Women and Their Children, the Court Resolved to APPROVE the same.
Prescription of Actions for Annulment in the Philippines (and Who may File Action)
Published by March 9th, 2011 in Annulment and Legal Separation. 35 CommentsA 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 […]
Annulment in the Philippines: Questions and Answers (Part 5): Overseas Filipinos Edition
Published by September 27th, 2010 in Annulment and Legal Separation. 45 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. 94 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. 65 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 […]
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