Daily Serving of Legal Matters

For all those who have not signed any pre-nuptial agreement or marriage settlement to choose any property regime that would govern their property relations, this system of absolute community of property would definitely suit you.  Of course,  nothing and nobody bars any future couple to choose this kind of regime. To give an overview on what this system is all about, this post is for you to read on. What is the system of absolute community?   This is one of the regimes or systems of property relations between the spouses and the default system in the absence of a prenuptial agreement or when the agreed system is null and void. This system commences at the precise moment that the marriage is celebrated, and any stipulation for the commencement of the community regime at any other time is void. In a nutshell, the husband and the wife are considered as co-owners of all properties they bring into the marriage (those that they owned before the marriage), as well as th

When the term PRE-NUPTIAL AGREEMENT was discussed in our class before, the classic example our professor gave was the case of JAMES YAP-KRIS AQUINO.  The former couple made this once a headline in the national broadsheet and even in the television that the family of Kris Aquino was suggesting to have a pre-nuptial agreement to govern the property relations of the spouses. Pre-Nuptial Agreement, as the term suggests, it is an agreement made before a nuptial or the celebration of the marriage.  Whatever the agreement decided by the future spouses, that would be the law to govern their property relations.  In legal parlance, this pre-nuptial agreement is better known as marriage settlement. What would be included in the pre-nuptial agreement or marriage settlement? The Family Code of the Philippines provides that the future spouses may, in the marriage settlements, agree upon the regime that would govern their property. These are: 1.  Absolute Community 2.  Conjugal

For those who are still in green on their rights and obligations, this post is right for you.  It tells us the rights and obligations of the husband and wife as provided by the Family Code of the Philippines. For smooth and hassle-free married life, both husband and wife must be aware of their legal rights and obligations. 1.  The husband and wife are OBLIGED to live together, observe mutual love, respect and fidelity, and render mutual help and support. 2.  The husband and wife shall fix the family domicile.  In case of disagreement, the court shall decide. The court may EXEMPT one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption.  However, such exemption shall not apply if the same is not compatible with the solidarity of the family. 3.  The spouses are JOINTLY responsible for the support of the family.  The expenses for such support and other conjugal obligations shall be paid f

As the title of this post says, not all marriages celebrated in the Philippines can be legally separated.  Only those that have the valid grounds provided in the Family Code of the Philippines can be petitioned for such. In my previous post Legal Separation Versus Declaration of Nullity/Annulment of Marriage ( http://dailyservingoflegalmatters.blogspot.com/2014/03/legal-separation-versus-declaration-of.html ), it was defined there what legal separation is and what does it entail. Again, legal separation does not severe the existence of a marriage bond.  The marriage ties do still exist but the husband and wife are separated in board and lodging.  Meaning, they are allowed to live on their own and mind their own separate lives.  Considering that the marriage exists, they are not allowed to remarry, otherwise, they may face criminal consequences. Grounds for Legal Separation: 1.  Repeated physical violence or grossly abusive conduct directed against the petitioner, a co

Considering that we have no DIVORCE in our country, we could not file any petition to that effect.  However, the Family Code of the Philippines provides instances on which the spouses may file an action in court when it comes to matters affecting their marriages. Specifically, the same Family Code discusses the grounds on which the contracting parties may invoke either for Declaration of Nullity or Annulment of Marriage or for Legal Separation as the case may be. In my previous posts, what were discussed are the grounds for declaration of nullity and the annulment of marriage. In this post, what would be discussed is the differences between legal separation and the declaration of nullity or annulment of marriage. 1.  In Legal Separation, the bond of marriage is not severed.  The spouses remain married to each other, however, they may be separated from bed and board.  While it permits the partial suspension of marital relations, the marriage bond still exists. 2. 

Although in the first instance, these marriages seem to be valid, but digging into their intricate details would reveal some flaws that may warrant for annulment.  Yes, there are marriages celebrated in the Philippines that are valid on their face value but may be declared annulled through some legal processes.  These marriages are valid unless declared annulled or better known as VOIDABLE MARRIAGES. Voidable Marriages are valid unless declared void or annulled by the court.  Thus, if the parties will not petition for their annulment, voidable marriages remain valid. What are the marriages that may be annulled? A marriage may be annulled for any of the following causes, existing at the time of marriage: 1.  That the party in whose behalf it is sought to have the marriage annulled was eighteen (18) of age or over but below twenty-one (21), and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the

Philippine Laws do not warrant DIVORCE in the country.  It is enshrined in the 1987 Philippine Constitution that: "Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.  Hence, the State recognizes the Filipino family as the foundation of the nation.  Accordingly, it shall strengthen its solidarity and actively promote its total development." What is not warranted in our laws is the ABSOLUTE DIVORCE that is enjoyed by people in the some foreign States.  Although we do not have this ABSOLUTE DIVORCE, but our laws provide instances on which a PARTIAL DIVORCE may be sought.  This PARTIAL DIVORCE is known in the country as ANNULMENT. In the Philippines, a marriage may be declared null and void or be annulled depending on the grounds attendant to the situation. In this post, what would be discussed are those marriages that are void from the beginning and the procedures on declaring the absolute nullity

What is marriage? Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. What is a contract? A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. Although as stated in the definition of a contract, it requires only the meeting of the minds of two persons to bind themselves.  However, in the case of marriage, there are instances wherein the consent of the parents are required to have, otherwise, the marriage may be annulled. When is the consent of the parents be necessary in marriage? When one of the contracting party or both parties are above 18 years old but below 21 years old, the consent of the parents is necessary. When is the parental advice be needed in marriage? Any contracting party between the age if 21 and 25 years if age shall be obliged to ask t

Marriage License is one of the formal requisites of marriage.  Without complying this requisite, it shall render the marriage void ab initio. What is void ab initio? The term void ab initio , which means "to be treated as invalid from the outset," comes from adding the Latin phrase ab initio (from the beginning) as a qualifier ( http://en.wikipedia.org/wiki/Void_%28law%29 ).  Thus, when the marriage is void ab initio, it simply means that the marriage is void from the very beginning.  What is a marriage license?  A marriage license ( American English ) or marriage licence ( British English ) is a document issued, either by a church or state authority , authorizing a couple to marry ( http://en.wikipedia.org/wiki/Marriage_license ). Who will issue the marriage license? A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides. Who will issue the marriage licen

In the Philippines, majority of us would have an issue on who has solemnized the marriage.  According to some, if the marriage was just solemnized by the Mayor of either the municipality or the city for that matter the marriage was something inferior than that was solemnized by the priest. Is there really a legal requirement that suggests that the marriage shall only be solemnized by the church leader?   There is no such requirement that the marriage shall be solemnized by a specific person to enjoy more legality as compared to other person solemnizing it. As stated in the Family Code of the Philippines, marriage may be solemnized by: 1.  Any incumbent member of the judiciary within the court's jurisdiction or more particularly the judge of the court of the place. 2.  Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of t

Before entering into the portal of marriage, one should take a look into the requisites provided by the Family Code of the Philippines inorder to have a valid marriage.   The Family Code provides the essential as well as the formal requisites of marriage entered into by the contracting parties in the Philippines.  Before going into the details of the said requisites, we have to define what marriage is under the same Family Code. Definition of Marriage: Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. Essential Requisites: If these essential requisites are not sat

Today, March 12, 2014, Delfin Lee will be brought to the Court of Appeals where his petition for habeas corpus was filed.  He was arrested to face the criminal charge of syndicated estafa.  He is the owner-developer of Globe Asiatique Realty Holdings. However, his lawyer cried for an illegal arrest because allegedly the warrant for his arrest was already lifted and quashed by the Court of Appeals.  The State argued that before the quashal order becomes final, it has timely filed a motion for reconsideration to that effect.   Thus, Lee's camp filed a petition for writ of habeas corpus and today is the scheduled hearing for such petition.  If the State cannot show good cause as to the detention of Delfin Lee, the latter might be released from prison. So what is this Habeas Corpus?  This post would discuss the meaning of this habeas corpus and how it would be availed. Definition of a Writ of Habeas Corpus: A Writ of Habeas Corpus is a writ requiring a person

Dog is a man's best friend.  I do not know if it is still true as of this moment.  Whether you treat your dog as your best friend or not, that will not except you from doing your responsibilities as a pet owner. A photo taken from bing images. In the Philippines, one of the causes of death of persons is rabies contamination from the bites of a dog.  Thus, inorder to address this problem, our Congress has legislated the Republic Act Number 9482 or otherwise known as "The Anti-Rabies Act of 2007". Rabies is a zoonotic disease (a disease that is transmitted to humans from animals) that is caused by a virus. The disease affects domestic and wild animals, and is spread to people through close contact with infectious material, usually saliva, via bites or scratches.  Rabies is present on all continents with the exception of Antartica, but more than 95% of human deaths occur in Asia and Africa. Once symptoms of the disease develop, rabies is nearly alw

With the arrest of Delfin Lee in connection to the syndicated estafa he faced, some of us, I guess, would be asking what constitutes the crime of syndicated estafa. To answer this question, we have to discuss first the elements and kinds of estafa cases.  The Revised Penal Code has defined the crime of estafa and as well as provided elements of this crime. The Crime of Estafa: Estafa or otherwise knows as SWINDLING is a criminal offense wherein one person defrauds another by means of: 1.  Unfaithfulness or Abuse of Confidence 2.  False Pretenses or Fraudulent Acts 3.  Fraudulent Means Estafa Through Unfaithfulness or Abuse of Confidence: 1.  By altering the substance, quantity, or quality of anything of anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration; 2.  By misappropriating or converting, to the prejudice of another, money, goods or

With the recent hullabaloo in Delfin Lee's arrest, the issue on whether or not the standing warrant of arrest issued against him is still valid or not is now occupying a significant space in the news today. Delfin Less is, the owner of the property developer Globe Asiatique Realty Holdings, one of the accused of syndicated estafa involving a - P 6.5 Billion Peso loans from Pag-IBIG Fund in 2009.  In this connection a warrant of arrest was issued by the court for the arrest of Delfin Lee.  On May 22, 2012, Judge Maria Amifaith Fider-Reyes of Branch 42 of Pampanga Regional Trial Court issued a warrant for the arrest of Lee, his son Dexter and three officers of Globe Asiatique for syndicated estafa, a nonbailable crime, in connection with two housing projects in Pampanga province (http://newsinfo.inquirer.net/582957/fugitive-magnate-delfin-lee-falls). From the time the warrant of arrest was issued, Lee has been a fugitive from justice, evading his arrest. However on M

BASTARD!  This is the word that is mostly uttered by the people despising a child that is born out of marriage.  It may be painful to hear it but it is reality.  Illegitimate child is something that brands a person of inferior status.  As a matter of fact, when it comes to sharing of property, the share of an illegitimate child is half to that of the legitimate child.  Though one may ask that it is not the fault of an illegitimate child, but  it is the law. A child was considered to be illegitimate at common law if the parents were not married to each other at the time of the child's birth even though the parents were married later http://legal-dictionary.thefreedictionary.com/Illegitimate+children .   Fortunately, there is a way on which an illegitimate child can become legitimated.  Once he becomes legitimated, he shall enjoy all the rights and privileges granted and provided to legitimate child.  Thus, in the eyes of law, both legitimate and legitimated children