Daily Serving of Legal Matters

One day, a client asked me whether she could remarry again.  She has been separated from her husband for almost 15 years already.  Is it true that her marriage already expires considering of the number of years she has been separated with her husband? It is one of the many misconceptions people are getting from the circle of friends.  Accordingly, one could remarry again if he or she has been separated with his/her wife/husband for a number of years.  For example, in the situation mentioned in this post, considering that the spouses are separated for more than 15 years already, it would render their marriage null and void. The separation that is tackled here is one that is known as separation-in-fact.  Or the spouses have just agreed to separate without the benefit of any court order.  In short, their separation has not been sanctioned by any order of the court. Separation-in-Fact, no matter how long it may be, does not severe the marriage bon...

With the successful removal of benign tumor of Janet Lim Napoles, comes with the explosion of some meaty revelation in the media just very recently.  In fact, before the said operation, Janet Lim Napoles had already a long talk with Department of Justice Secretary Leila De Lima over her plan to divulge the "tell-all" expose' of information she has with the PDAF controversy. And what is the deal?  To turn her a State Witness to prove the guilt of her other co-accused. In the previous post, it was discussed already what are the requisites of becoming a state witness.  For more information, please visit this http://dailyservingoflegalmatters.blogspot.com/2014/02/requisites-of-state-witness.html . So what would be the process for Janet Lim Napoles to eventually become a State Witness?  "Upon Motion of the Prosecution Before Resting Its Case" Before an accused is discharged as a State Witness, it is the duty of the prosecution to file a motion to as...

For the benefit of all, I have attached herewith a copy of Senator Juan Ponce Enrile's COUNTER-AFFIDAVIT in a plunder cases filed against him. Senator Juan Ponce Enrile is one of the respondents in the said plunder cases along with Janet Lim Napoles and others.  Considering that Sen. Enrile has posted a copy of his counter-affidavit on their lawfirm's website pecabar.com, I believe this is for the consumption of everybody. To have a grasp of Senator Juan Ponce Enrile's side of the story, please click here at http://pecabar.ph/images/jpe%20counter%20affidavit%202.pdf .

With the recent development of Vhong Navarro-Cedric Lee-Deniece Cornejo's legal battle, Vhong Navarro appears to be triumphant this early.  It was already broadcasted that the rape case filed by Deniece Cornejo against Vhong Navarro was junked by the Department of Justice (DOJ) for utter lack of probable cause. Meaning to say, the DOJ was convinced that Vhong Navarro is innocent and there was no probability based on the evidences submitted by both camps that he did commit the crime charged. On the other hand, Cedric Lee and Deniece Cornejo (among the persons charged with cases filed by Vhong Navarro) were successfully indicted with Grave Coercion, Serious Physical Injuries and Serious Illegal Detention.  Among the three charges, Serious Illegal Detention is not bailable. But with the prompt action of Lee and Cornejo's camp, the issuance of the warrants of their arrest in Serious Illegal Detention Case was forestalled due to the timely motion for reconsideration....

In this post, one would learn the definition of a family as provided by the Family Code of the Philippines.   Likewise, it is enumerated herein who are the members of the family and what would happen if suits may be filed between members of the same family. What is the legal definition of a family? The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. What would govern the family relations? The family relations are governed by law and NO custom, practice or agreement destructive of the family shall be governed. Who are members of the family or are included in the family relations? Family relations include those: 1.       Between Husband and Wife; 2.     Between Parents and Children; 3.     Among other Ascendants and Descendants; and 4.     Among Brothers and Sisters, whether of the full or half-blood. Are...

This post will explain the validity of the donation of spouse to his/her wife/husband during the marriage.  It will also provide the instances on which any donation may be perfectly legal.   What are donations by reason of marriage? Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses.   Meaning only those donations that are made prior to the celebration of the marriage are being considered in this definition. May the husband donate to his wife during the marriage? Or may the wife donate to her husband during the marriage? No.   Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void. What is the exception to the prohibition of donation between spouses during the marriage? Although spouses are prohibited to donate to each other during the marriage, this prohibition...

If the spouses are not married to each other, how would be their property governed? When a man and woman, who are capacitated to marry each other, live exclusively with each other as husband and wife WITHOUT the benefit of marriage or under a VOID MARRIAGE, their wages and salaries shall be owned by them in EQUAL SHARES and the property acquired by both of them through their work or industry shall be governed by the RULES ON CO-OWNERSHIP. What is the presumption of the properties acquired while the common law spouses lived together? The properties acquired while the common law spouses lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in EQUAL shares. Can a party encumber or dispose his/her share in the property without the consent of the other? Neither party can encumber or dispose his/her share in the property acquired during the cohabitation and owned in common without the consent of...