Effect of mere reappearance of the absent spouse on the subsequent marriage

Bigamous Subsequent Marriage Our laws allow a married individual to marry again legally if the following essential requisites are present: (1) The prior spouse has been absent for four consecutive years (or two consecutive years if it falls within any of the instances when the four-year period may be reduced to two years); (2) The … Continue reading Effect of mere reappearance of the absent spouse on the subsequent marriage

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Judicial declaration of presumptive death of a spouse for subsequent marriage

Flight MH370  Remember Malaysia Airlines Flight MH370? This was the flight that mysteriously disappeared back in 2014 while on its way to China. It was then carrying 227 passengers with different nationalities and 12 members of the crew. Immediately after it disappeared, officials from Malaysia and some other countries began to search for the missing … Continue reading Judicial declaration of presumptive death of a spouse for subsequent marriage

Can we compel a creditor to accept payment by check?

Let us say you borrowed money from someone else. On the date set for its payment, you offered a check instead of cash. Because the creditor prefers to be paid in cash, he right away refused to accept the check. And so you compelled him to accept it. When compelled to accept payment by check … Continue reading Can we compel a creditor to accept payment by check?

Can the father compel his illegitimate children to use his surname?

Article 176 of the Family Code Prior to the amendment of Article 176 of the Family Code of the Philippines (Family Code), illegitimate children were given no right to use the surname of their father. The only surname they were allowed to use was that of their mother. And this holds true even if their … Continue reading Can the father compel his illegitimate children to use his surname?

What you need to know when buying a piece of land from an agent

When buying a piece of land, it is more prudent to transact directly with the owner. Why? Because you will be sure you are dealing with the right person, which is essential in every transaction. But it may happen that the owner is either unavailable or unwilling to transact directly with you. In such case, … Continue reading What you need to know when buying a piece of land from an agent

When exactly do you become the owner of the land you bought?

Let us say you saw a nice piece of land for sale and you liked it right away. You like it so much in that you even made a promise to yourself that you will buy it as soon as you find its owner. In order to fulfill such promise, you immediately searched for and … Continue reading When exactly do you become the owner of the land you bought?

On assignment of lease and sublease of things

Before entering into a contract of lease of things with anyone, you need to consider some important rules. Among them are the rules on assignment of lease and sublease of things. But to have a clear grasp of these rules, you need to know first what a contract of lease of things is and who … Continue reading On assignment of lease and sublease of things

Effect of collusion between the parties in cases of annulment or declaration of nullity of marriage

Once upon a time, I was just a young law student, trying to realize my childhood dream of becoming a lawyer. Of course, this is no longer just a dream for me, because, now, it is already a reality. In fact, I have been a lawyer for almost ten years now. Indeed, time flies so … Continue reading Effect of collusion between the parties in cases of annulment or declaration of nullity of marriage

Erroneous entries in birth certificates that can be corrected without going to court

When my son Vitto was born, I was the one who provided all the information needed for his birth certificate. Back then, his mother could not perform this task, precisely because she had just given birth to him and needed to get some rest. Neither could my son perform the same. It was impossible for … Continue reading Erroneous entries in birth certificates that can be corrected without going to court

Legal Separation is different from Annulment of Marriage

International Legal Missions Last month, I participated in the first and second International Legal Missions of the Integrated Bar of the Philippines-Pampanga Chapter of which I am one of the officers. The first was held from October 4 to 5, 2014 at the Philippine Consulate General in Hong Kong, while the second took place from … Continue reading Legal Separation is different from Annulment of Marriage