Inheritance may be held liable for obligations of deceased
Dear PAO, Sometime in the year 2019, my father borrowed the sum of One Million Five Hundred Thousand Pesos (Php1,500,000.00) from a lending company for his coffee shop business. However, after one year of operation, he passed away, leaving unpaid debts. Recently, I learned that my father left me a 1,000-square-meter agricultural land as an […]
Issuance of writ of possession in extrajudicial foreclosure not absolute
Dear PAO,The condominium unit which I bought was mortgaged by the developer and eventually foreclosed extrajudicially. I only knew of the foreclosure when a representative of the buyer knocked on my door and was surprised that I was occupying the unit. He informed me that he will apply for a writ of possession, considering that […]
Property construction restrictions may be validly imposed
Dear PAO, My husband and I have been saving our hard-earned money to acquire a lot where we plan to build our family home. We recently purchased a lot in an exclusive subdivision with the intention of building a three-story house. However, our homeowners’ association notified me that we can only build a two-story house. […]
Co-ownership may exist over property jointly purchased by common-law spouses while one party is still legally married to another
Dear PAO, I am legally married for five years, but my wife and I separated on our 2nd year of marriage due to irreconcilable differences. I am now with a partner with whom I have built a profitable business, and as a result, we were able to buy a condominium unit. When my wife learned […]
Confidentiality clause under HIV and AIDS Policy Act
Dear PAO, I was clinically diagnosed with syphilis, a well-known sexually transmitted disease (STD) which leads to human immunodeficiency virus (HIV) infection. During the diagnostic process, one of the medical personnel involved in the screening happens to be a close friend of mine. When I officially tested positive, it was understandably inevitable for this close […]
Lender liability, extraordinary diligence required of banks and other financial institutions
Dear PAO, In 2022, I obtained a mortgage loan from a well-known financial institution in my province. When I moved to the city in 2023, I opted to personally deposit my monthly amortization at a branch closer to my workplace. Last November 2024, when I went to the said branch to make my customary monthly […]
Cases that no longer need to go through barangay conciliation
Dear PAO, I just have a question about barangay conciliation. Whenever there is a fight or disagreement in our area, we always go to the barangay first. There was a time when my aunt wanted to file a case against our neighbor, and they said that it needed to go through the barangay first. Are […]
Provisional dismissal of a criminal case becomes permanent after one year
Dear PAO, Two years ago, the trial court granted my motion for the provisional dismissal of the case filed against me for Less Serious Physical Injuries. Up to now, I have not received any notice regarding the case. In relation thereto, I want to know when and how my case will be permanently dismissed. Thank […]
GSIS separation benefits may be claimed by qualified resigned government employees, but prescribes in four years
Dear PAO, I was a government teacher in Cebu and a GSIS member for almost 10 years when I decided to seek teaching opportunities abroad. I was fortunate enough to get hired in Australia. So, without wasting time, I immediately processed my resignation and the requirements for my new employment. However, I did not know, […]
The Unavailable Child Doctrine | The Manila Times
Dear PAO, My father has been accused of allegedly raping a child. However, throughout the trial, the child, who is the sole witness to the alleged crime, was not available for cross-examination. Is her testimony admissible in evidence? Jhamil Dear Jhamil, As a general rule, a statement of a witness given under oath and offered […]