Psychological illness is not an element for emotional abuse
Dear PAO, My relationship with my husband turned topsy-turvy when I found out about his extramarital affairs with different women. The first time I caught him was just two months after our marriage. He ended his affair, but after several months, he was again involved with another woman. This cycle keeps on repeating, and I […]
Statute of fraud does not apply to a completed contract
Dear PAO, Dindo obtained a loan from me, which he failed to pay. He offered his lot as payment for his debt. I accepted his offer and immediately occupied the land for 20 years. We also have an agreement that we will execute the necessary deed of absolute sale to cover the transaction. However, the […]
Immediate resignation | The Manila Times
Dear PAO, Is the 30-day notice rule in cases of resignation mandatory? Are there cases when a person can resign effective immediately without being liable for damages? Marcella Dear Marcella, Please be informed of Article 300 of the Labor Code of the Philippines, which states that: Get the latest news delivered to your inbox Sign […]
Exempting circumstance of insanity | The Manila Times
Dear PAO, I read somewhere that “insanity” can be used as a way to evade criminal liability. Does the person raising such a defense need to prove it or he may just play along and pretend to be insane in court and be granted immunity from criminal actions? What is insanity as a defense and […]
Marital infidelity of a husband committed abroad
Dear PAO, My husband works as an OFW in Bahrain. He has been there for three years now. Months ago, I discovered he has a mistress there and is cohabiting with her. Can I file a case against my husband for repeated marital infidelity, even if the acts were committed outside the Philippines? Anaflor Dear […]
Widow can’t inherit from her mother-in-law
Dear PAO, I am the only legitimate child of my parents, but prior to my parents’ marriage in the year 2000, my mother had a son from her previous partner, to whom she was never married. My half-brother died in the year 2020, and last year, my mother also died. My half-brother’s wife now claims […]
Either spouse may petition to declare their marriage null and void
Dear PAO, My husband is claiming that he is psychologically incapacitated to break free from our marriage bond. Benefitting from his misdeed, can he file a petition to nullify our marriage? Donna Dear Donna, In the case of Fernando C. Clavecilla, represented by Atty. Marvel C. Clavecilla v. Marivic V. Clavecilla and the Republic of […]
Remedies against public nuisance | The Manila Times
Dear PAO, I noticed that our house was getting more flies than it used to. There was also a pungent smell outside our house throughout the day. It came to our knowledge that a new piggery was set up near our neighborhood, which was proven to have caused the flies and pungent smell. Is there […]
Period to file a paternity leave
Dear PAO, My officemate’s wife is currently in her eighth month of pregnancy. From his narrative, it appears to be a delicate situation with numerous hospital scares and frequent doctor visits. Alfred, my officemate, is eager to be present once the baby arrives, seeing it as his way of actively contributing to his spouse’s pregnancy […]
Principle of Non-Diminution of Benefits
Dear PAO, I heard that our company is going to implement some changes. There are rumors that the company would be reorganized and that there may be some sort of financial changes as well. I remember reading somewhere that although changes in the company are primarily considered within the ambit of “management prerogative,” the employees […]