Disinheritance

Provisions on disinheritance in the Civil Code of the Philippines Discussed in: Excluded heirs and disinherited children Article 915. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. (848a) Article 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall … Continue reading Disinheritance

Excluded heirs and disinherited children

A father died and left behind property. In his last will and testament, he allotted all his property to his daughters. The father also left behind a son, but the son was not left anything in the will. He was not even mentioned in the will. Can the son question the will and have a … Continue reading Excluded heirs and disinherited children

Sample mortgage contract

Discussed in: Understanding mortgage contracts in the Philippines Important: Mortgage agreements should be annotated on the Title to the property at the Register of Deeds in order to be effective against persons who are not party to the contract. REAL ESTATE MORTGAGE AGREEMENT   KNOW ALL MEN BY THESE PRESENTS:   This Real Estate Mortgage Agreement executed by and … Continue reading Sample mortgage contract

Mortgage contracts in the Philippines

One of the problems with the law is that people don’t understand it. Even lawyers, who have actually studied and practiced it for years, argue with each other about what the law means. So it isn’t surprising that many people enter into a contract like a mortgage agreement without understanding that the provisions of that … Continue reading Mortgage contracts in the Philippines

Rules of Procedure for Legal Separation

Related reading: Legal separation in the Philippines   The Supreme Court issued the Rule on Legal Separation in March 2003. The text of the Rule follows below:   RULE ON LEGAL SEPARATION SECTION 1. Scope. - This Rule shall govern petitions for legal separation under the Family Code of the Philippines. The Rules of Court shall … Continue reading Rules of Procedure for Legal Separation

Recognizing foreign divorce in the Philippines (Process)

Recognition is a judicial process where both the foreign divorce and the foreign divorce law need to be proven in Court. You will need to file a Petition for Recognition of Foreign Divorce with the Regional Trial Court in the Philippines. You will need to get a lawyer to prepare and conduct the case.

Legal separation in the Philippines

Legal separation is a court approved separation of husband and wife. It is not divorce. Under legal separation, the marital obligations and the property relations between the spouses are ended, but the marriage bond is not dissolved unlike in divorce or annulment.