Beruflich Dokumente
Kultur Dokumente
Here is the opinion you requested. The facts, gathered from you and your
documents, are as follows;
(d) When one has continuously used and been known since
childhood by a Filipino name, and was unaware of alien parentage;
No Special Law.
xxx
xxx”
Here is the opinion you requested. The facts, gathered from you and
your documents, are as follows:
Insert the facts of the case..
Two years ago, a big fight occurred which cause you and your
husbands’ separation. Your husband lived in his parents. Just this recently,
The issue here is clear:
1. Whether or not you have a right over the property of your husband
which acquired by him when he was still single;
2. Custody of Children;
3. Support; and
4. Annulment of Marriage on the ground of Physical violence.
In my opinion, in:
1. Determine first the property regime recognized in your marriage.
The Family Code of the Philippines took effect on August 3, 1988. Since
that day, the Absolute Community of Property will govern married couples.
However, this property regime will only apply if they do not agree on another
regime before getting married. The agreement before the wedding is referred
to as the Marriage Settlements. Before August 3, 1988, the couples who got
married without preparing marriage settlements beforehand, are covered by
the Conjugal Partnership of Gains regime.
In the Absolute Community of Property, this property regime pools the
property of the husband and the wife together into one common fund. This
will include the properties owned prior to the marriage. Both parties also
have equal rights to the common fund. When married couples decide to go
separate says or dissolve their marriage, the property should be equally
divided. (Article 90 of the Family Code of the Philippines)
In the Conjugal Partnership of Gains (CPG) is similar to Absolute
Community of Property except that there is a difference in how the properties
are acquired by each party prior to getting married. The properties produced
during the marriage will go to the common fund or the Conjugal Property
where both spouses have equal rights. (Article 106 of the Family Code of the
Philippines)
2.
According to Article 213 of the Family Code, “no child under seven years
of age shall be separated from the mother unless the court finds compelling
reasons to order otherwise.” This is due to the fact that a mother’s loving
care is regarded as one of the basic needs of a child.
As stipulated in the article, however, the mother will lose parental
authority and custody over the child if “compelling reasons” were found by
the court. This includes instances of neglect and abandonment, drug abuse,
unemployment, failure of exercising parental duties, as well as leaving the
child to the care of others permanently or otherwise, and regardless of
intention. If a child under 7 years of age expresses his or her desire to stay
with the mother or the father, the court is not bound by that preference
especially if the chosen parent is deemed unfit by the court.
3.
Under Article 194 of the Family Code, Support comprises everything
indispensable for sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the financial capacity of the
family. Being the legitimate spouse, you are entitled to the extent of support
as provided for by law. The duty arises from the fact that a marriage exists
between you and your husband. Thus, Article 195 of the Family Code
provides: “Art. 195. Subject to the provisions of the succeeding articles, the
following are obliged to support each other to the whole extent set forth in
the preceding article: The spouses xxx”
4.
filing a petition for annulment of marriage, any of the following grounds
must be present: (1) either party was 18 years of age or over but
below twenty-one, and the marriage was solemnized without the
consent of his parents, guardian or person having substitute parental
authority over the party, in that order, unless after attaining the age of
twenty-one, he/she freely cohabited with the other party; (2) either
party was of unsound mind, unless such party after coming to reason,
freely cohabited with the other as husband and wife; (3) consent of
either party was obtained by fraud, unless such party afterwards, with
full knowledge of the facts constituting the fraud, freely cohabited with
the other; (4) the consent of either party was obtained by force,
intimidation or undue influence, unless the same having disappeared
or ceased, such party thereafter freely cohabited with the other; (5)
either party was physically incapable of consummating the marriage
with the other, and such incapacity continues and appears to be
incurable; or (6) either party was afflicted with a sexually-transmissible
disease found to be serious and appears to be incurable.
Client Case No. 5
Joel Santiago
Here is the opinion you requested. The facts, gathered from you and
your documents, are as follows:
Insert facts of the case..
The issue here is clear: who will be liable for your injuries.
FEB LEASING AND FINANCE CORPORATION (now BPI LEASING CORPORATION)
vs SPOUSES SERGIO P. BAYLON and MARITESS VILLENA-BAYLON, BG HAULER,
INC, all motor vehicles used or operated on or upon any highway of the
Philippines must be registered with the Bureau of Land Transportation (now
Land Transportation Office) for the current year. Furthermore, any
encumbrances of motor vehicles must be recorded with the Land
Transportation Office in order to be valid against third parties.
The sale, transfer or lease of the vehicle, which is not registered with
the Land Transportation Office, will not bind third persons aggrieved in an
accident involving the vehicle. The compulsory motor vehicle registration
underscores the importance of registering the vehicle in the name of the
actual owner.