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

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?

Sample mortgage contract

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

Mortgage contracts 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

Legal separation in the Philippines

Legal separation is a court approved separation of husband and wife. It is not divorce. Under legal separation, the marital obligations and the property relations between the spouses are ended, but the marriage bond is not dissolved unlike in divorce or annulment.

Hearsay Evidence and the rule on Affidavits

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.[1]   What is the rule on hearsay evidence? The rule against hearsay is in Section 36 … Continue reading Hearsay Evidence and the rule on Affidavits

Proving medical malpractice

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

Partial default in a case with multiple defendants

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