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?
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
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
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
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 apply suppletorily. … Continue reading Rules of Procedure for Legal Separation
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.