Daily Serving of Legal Matters

What is a Recto Law? It is an Installment Sales Law that provides remedies for the seller in the contract of sale of personal property by installments. It is embodied in Article 1484 of the Civil Code of the Philippines or the Republic Act No. 386 which amended Art. 1454 of the Civil Code of 1889. What is the coverage of the Recto Law? It covers: 1.  Contracts of Sale of personal property by installments. 2.  Contracts purporting to be leases of personal property with option to buy, when the lessor has deprived the lessee of the possession or enjoyment of the thing (PCI Leasing and Finance Inc. v. Giraffe-X Creative Imaging, Inc., G.R. No. 142618, July 12, 2007). What are the remedies for the seller under this law? As provided, the seller shall do: 1.  Exact fulfillment of the obligation, should the vendee fail to pay. The seller shall file specific performance in court to exact payment from the vendee.  As a gener...

A letter was sent to me via email.  To give an advice  to her and as well as to provide information to all  all the readers, I publish this post.  Of course, I would be maintaining the confidentiality of the sender. Dear Sir: Among my five children, there is one that I could consider him as a black sheep.  Could I deprive him any of my property?  Please enlighten me with this. Yours, Mrs. M Before answering the query of Mrs. M, please be informed of some of the terminologies provided in the Civil Code of the Philippines which are necessary in this case. First to be defined is a LEGITIME. Article 886 of the above-mentioned Civil Code defines what legitime is.  Accordingly, a legitime is that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs. A testator is a person who makes a will.   Who are the compulsory heirs? Article 887 of the Civil Code enum...

This image is taken from google.com. I remember when I was in grade school, I would write something on the front page of my notebooks saying "Real Property of Urbano T. Mante, Jr." to have a sort of a mark that those notebooks were mine.  Sometimes my classmate would ask me to change it to "Personal Property" because those notebooks were personally owned by me.  So, I would sometimes interchange Real to Personal Property. However in law school, I learned that real and personal property are two different things. The Civil Code of the Philippines, particularly Articles 414-418, discusses the differences between real and personal property. Real property is also known as IMMOVABLE property while personal property is called as MOVABLE property. As the names suggest, immovable property is basically stationary and cannot be moved or transferred to another place.  On the other hand, movable property refers to the property that can be moved with ease. ...

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 a...