A simpler way to divide conjugal property

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

How is the marriage property divided in legal separation?

  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?

Involuntary resignations

Sometimes an employee will complain of illegal dismissal while the employer argues that the employee was not dismissed at all, but actually resigned voluntarily. The employee says that he was put in such an unfair, untenable position from which he was forced to resign so that, under the law, he was actually dismissed. The employer, … Continue reading Involuntary resignations

Is paying for medical expenses after an accident an admission of guilt?

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?

Husband, wife and a joint last will and testament

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

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