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
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?
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
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
What is hearsay evidence? Evidence, whether oral or documentary, is only hearsay if its probative value is not based on the personal knowledge of the witness but on the knowledge of another person who is not on the witness stand. What is the rule on hearsay evidence? The rule against hearsay is in Section 36 … Continue reading Hearsay Evidence and the rule on Affidavits
A medical malpractice case against a doctor is a generic term for what may technically be an administrative complaint, a civil suit for damages (under Article 2176 of the Civil Code), a criminal case (under Article 365 of the Revised Penal Code), or all three. How is medical malpractice proven? Conversely, how does a doctor defend … Continue reading Proving medical malpractice
What if, in a case filed against multiple defendants, one defendant does not file his Answer but his co-defendants file theirs? Can a defendant who failed to file his own Answer be declared in default even if Answers were filed by his co-defendants? Yes. The applicable rule is Section 3 of Rule 9 of the Rules of Court. At the outset, it must be … Continue reading Partial default in a case with multiple defendants