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 [...]
Archive for the 'Family and Property Law' Category
Judicial Recognition of a Foreign Divorce Decree
Published by June 5th, 2009 in Annulment and Legal Separation. 30 CommentsLegal Status of Parcels of Land in Boracay
Published by November 7th, 2008 in Elections and Constitutional Law and Family and Property Law. 0 CommentsIf 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?
Published by September 23rd, 2008 in Annulment and Legal Separation. 38 CommentsCould 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)
Published by September 22nd, 2008 in Family and Property Law and Obiter/News. 24 Comments(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
Published by September 16th, 2008 in Family and Property Law and Obiter/News. 26 Comments(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 [...]
Proposed Divorce Law in the Philippines
Published by August 5th, 2008 in Annulment and Legal Separation. 33 CommentsDivorce 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)
Published by February 23rd, 2008 in Family and Property Law and Litigation and Labor Law. 9 CommentsWho 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)
Published by January 29th, 2008 in Annulment and Legal Separation. 88 CommentsMy 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
Published by January 26th, 2008 in Family and Property Law and Tax and Estate Law. 2 CommentsThe 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
Published by November 29th, 2007 in Annulment and Legal Separation. 15 CommentsOne 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 [...]
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