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?
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
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
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.
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? Must some Court declare her to be an heir before she can file a case to protect the inherited property? Is it a prerequisite that the estate of one who died … Continue reading Do you need a Court declaration that you are an heir before you can protect your inherited property?
A corporation has a legal personality separate and distinct from those who run or operate it. This means that, in general, the corporation’s liabilities are its own, not those of its directors, officer and employees. A particular set of circumstances is required for those individuals to be answerable for corporate obligations: Basic is the rule … Continue reading Corporate officers and Piercing the Veil of Corporate Fiction