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
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
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
Contents Defining psychological incapacity Guidelines for determining psychological incapacity Example of psychological incapacity Example of a case denying psychological incapacity Marriage is a peculiar institution in the Philippines, the only country on earth in which there is still no general law on divorce. It is a constitutionally protected institution. Any legal assault on a marriage … Continue reading Psychological incapacity and proving it in court