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

Suspension of the privilege of the writ of habeas corpus in Mindanao: 10 things you need to know whenever the President suspends the privilege of the writ of habeas corpus

Our Constitution is clear in so far as the suspension of the privilege of the writ of habeas corpus is concerned. It says in essence that it is not automatic whenever the President declares martial law. This is why President Rodrigo Duterte also had to order its suspension simultaneously with the declaration of martial law … Continue reading Suspension of the privilege of the writ of habeas corpus in Mindanao: 10 things you need to know whenever the President suspends the privilege of the writ of habeas corpus

Martial law in Mindanao: 10 things you need to know whenever the President declares martial law

A local terror group known as Maute began its series of attacks in Marawi City on May 23, 2017. Due to this incident, President Rodrigo Duterte had to cut short his trip abroad and declared martial law in Mindanao. While I may have doubts on the validity of the action taken, I will for now … Continue reading Martial law in Mindanao: 10 things you need to know whenever the President declares martial law

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?

Declaratory Relief

One of the legal remedies you will find in the Rules of Court is the special civil action for declaratory relief. In particular, it is found in Rule 63 of the Rules and discussed exhaustively in several cases decided by the Supreme Court. Declaratory relief What then is a declaratory relief? In order to have … Continue reading Declaratory Relief

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?

When can the President suspend the privilege of the Writ of Habeas Corpus?

While delivering a speech in one event in Davao City some days ago, President Rodrigo Duterte has threatened to suspend the privilege of the writ of habeas corpus. This is, he warned, if the state of lawlessness, particularly the problem on illegal drugs, continues in the country. Writ of Habeas Corpus The court in general … Continue reading When can the President suspend the privilege of the Writ of Habeas Corpus?

Which Presidential appointments require CA confirmation?

Four groups of officers whom the President shall appoint There are four groups of officers whom the President shall appoint. These are the following: First, the heads of the executive departments, ambassadors, other public ministers and consuls, officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments … Continue reading Which Presidential appointments require CA confirmation?

When can the President declare martial law?

Although quick to add it was not feasible, President Rodrigo Duterte admitted days before his 100th day in office that there were times when he was tempted to declare martial law due to our country's problem on illegal drugs. He made such admission while delivering a speech during his visit to the Jewish Association of … Continue reading When can the President declare martial law?