Doctrine of processual presumption in relation to support
Dear PAO, I married a foreigner and we have an 18-month-old son. However, our marriage bond ended when we obtained a divorce decree in Holland. My foreigner husband agreed to provide monthly support to our son. But when my son and I arrived in the Philippines, my husband never gave support. My ex-husband returned to […]
Prior demand is a jurisdictional requirement in ejectment suit
Dear PAO, I was a lessee of a two-bedroom apartment, as evidenced by a contract of lease duly signed by me and my landlord. When our contract expired sometime in 2021, my landlord allowed me to continue living in the apartment even without a signed contract as long as I religiously pay the same amount […]
Presumption of legitimacy for children born into valid, subsisting marriages
Dear PAO, My mother used to be married to another man. Shortly after they wed, they decided to separate but they never bothered to have their marriage declared null and void. They have been estranged ever since. Eventually, my mother met my father and although they could not tie the knot because of my mother’s […]
Transferring a tax declaration to a child’s name
Dear PAO, My deceased mother owned a parcel of land, which does not have a certificate of title. This lot, however, is covered by a tax declaration in her name. I want to transfer the said tax declaration from my mother’s name to my name only. My siblings already have their own lots, anyway. May […]
Qualified theft case provisionally dismissed
Dear PAO, My sister, Marion, worked as a maid and was accused of qualified theft for allegedly stealing an antique bow worth P25,000. She was tried in court, but the case was eventually provisionally dismissed due to the continued absence of her boss. Upon checking my sister’s records, we discovered that the court ordered the […]
Test in appreciating defense of legal insanity
Dear PAO,My daughter was charged for killing her live-in partner inside a rented condo unit. Although she admitted the killing, she interposed the exempting circumstance of insanity. Notwithstanding, the court found her guilty of the crime of homicide for failure to prove that she was insane at the very moment she killed the victim. The […]
Weight standards as a bona fide occupational qualification
Dear PAO, My best friend who is an international flight steward for a certain airline developed a weight problem which prompted his employer to advise him to take an extended vacation to address it. Instead of losing weight, it was discovered that he had gained more. My best friend committed to losing weight within 60 […]
Transfer of rights over awarded NHA lots through hereditary succession
Dear PAO, My mother was awarded a residential lot by the National Housing Authority (NHA) in 2015. After my mother’s untimely demise earlier this year, my older brother expressed his intent to assume the title over the awarded lot in his name alone. Is he correct? Ellie Dear Ellie, The New Civil Code of the […]
What is a Dragnet Clause?
Dear PAO,I obtained two loans from ABC Bank. The first one amounted to P200,000 and the second one amounted to P300,000. For the first loan, I executed a Real Estate Mortgage, which included a provision stating that “this mortgage shall also stand as security for any and all other obligations of whatever nature that Mortgagor/ […]
Senior citizen allowances granted by the local government units
Dear PAO, I am a senior citizen and a beneficiary of the monthly allowance program implemented by our Local Government Unit (LGU). However, I have observed that in our city, senior citizens such as myself are granted an allowance in the amount of One Hundred Pesos (P100) per month, while in other cities the allowances […]