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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 dissolv...
Psychological incapacity and proving it in court
Marriage is a peculiar institution in the Philippines, the only country on earth in which there is still no general law on divorce.[...
Do you need a Court declaration that you are an heir before you can protect your inherited property?
Is it always necessary for an heir to institute an inheritance case in Court before she can exercise legal rights to a property which she inherited?...
Corporate officers and Piercing the Veil of Corporate Fiction
To disregard the separate juridical personality of a corporation, the wrongdoing must be established clearly and convincingly. It cannot be presumed.[...
Probationary employees and Due process in termination
A probationary employee, is one who is on trial by an employer during which the employer determines whether or not he is qualified for permanent employment...
Circumstantial evidence
Cases can be decided on circumstantial rather than direct evidence, but there are particular requirements for the former to be relied on...
Hearsay Evidence and the rule on Affidavits
Evidence, whether oral or documentary, is only hearsay if its probative value is not based on the personal knowledge of the witness but on the knowledge of another person who is not on the witness stand...
Foreign citizens and the Bill of Rights in the Philippine Constitution
Are aliens in the Philippines entitled to the protections of Article III, the Bill of Rights under the 1987 Constitution?...
The Case of the Vanished and Presumably Deceased Spouse
What if my husband or wife has been missing for years? Is he or she presumed dead? Can I remarry?...
Proving medical malpractice
How is medical malpractice proven? Conversely, how does a doctor defend herself from such a charge?...
Partial default in a case with multiple defendants
What if, in a case filed against multiple defendants, one defendant does not file his Answer but his co-defendants file theirs?...
Potestative conditions in contracts
The law on obligations and contracts allows to the parties of an agreement a wide latitude in the terms they set among themselves...
