This question comes up in some form from time to time because a divorce obtained abroad can be recognized in the Philippines. For example, a Filipina marries a foreign citizen. She afterwards gets a new Philippine passport with her husband's surname as her new last name. But the foreign husband later divorces her. She now … Continue reading How can a divorced Filipina revert her Philippine passport to her maiden name?
The interplay of Philippine and foreign laws with regard to inheritance deserves more attention. What follows are introductory considerations for estate or succession cases involving both Philippine and foreign elements . Contents How do people inherit property in the Philippines? How is the property divided if there is no will? What is a last … Continue reading Philippine inheritance and foreign wills
Legal separation can be a clumsy, acrimonious way to end marriage relations. It falls short of actual divorce, and it is a problematic process even as a way to divide conjugal properties between husband and wife. Because legal separation requires that one spouse (and only one, not both) must be at fault for it to be … Continue reading A simpler way to divide conjugal property
The rule in legal separation is that the spouse at fault shall have no right to any share of the net profits earned by the couple’s common property during the marriage. His or her share of the net profits is forfeited in favor of the children or the innocent spouse. What does net profits mean? … Continue reading How is the marriage property divided in legal separation?
It was a dark and stormy night. There was a road accident. Two cars collided on the wet concrete. The driver of the first car stepped out. Seeing that the woman inside the other car was badly hurt, he immediately called for help. Emergency services came to take the woman to the nearest hospital. The … Continue reading Is paying for medical expenses after an accident an admission of guilt?
Married people get used to making decisions about their family together. It becomes natural then, for them to talk about what they want to leave behind for their kids when they’ve both passed away. They often feel that they want to make this decision together too. But here they should be careful. If the spouses … Continue reading Husband, wife and a joint last will and testament
These are the basic rules on land ownership: A Filipino citizen can own land in the Philippines. A foreigner cannot own land unless he is a former Filipino citizen or he happened to inherit that land. For a corporation to own land, at least 60% of that corporation’s capital must be owned by Filipino citizens. … Continue reading Filipinos, foreigners, and real estate in the Philippines
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
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
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. Discussed in: Understanding mortgage contracts in the Philippines REAL ESTATE MORTGAGE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Real Estate Mortgage Agreement executed … Continue reading Sample mortgage contract