Reason why collection of debt contracted by spouses cannot be brought against surviving spouse
Dear PAO, Jun and Claire borrowed P3 million from me last year in order to finance the improvement of their house. Unfortunately, Jun met his untimely demise last month. I tried to collect the debt from Claire, but she gave me so many excuses. I am contemplating suing her to recover my money, but someone […]
Void ab initio marriage may be raised as defense by the accused in bigamy
Dear PAO, I married Adela sometime in 1998 without getting a marriage license. We separated after two months because of irreconcilable differences. Believing that my first marriage was void, I married Adora in 2008. Adela discovered my second marriage and threatened me that if I did not turn over to her the possession of the […]
Contract of guaranty does not automatically fall under obligations that redound to benefit of family
Dear PAO, During our marriage, my husband acted as a guarantor for Dindo’s debt. After the untimely death of my husband last month, the creditor, unable to collect from Dindo, told me that he would file his claim in the settlement of the estate of my husband. According to the creditor, it is presumed that […]
Finder in theft is not limited to actual finder but includes finder in law
Dear PAO, My cousin found a bundle of money and showed it to me. We cannot ascertain the real owner of the money, so I convinced my cousin that we keep it and divide it equally between us. Two days have elapsed, and we already spent the money when we received information that our neighbor […]
Survey is immaterial in proving ownership over a land covered by Torrens Title
Dear PAO, I have a dispute with Juan regarding a certain land. He claimed that he was recovering the land of his father, which is covered by a title, and that includes a portion of my farmland. I presented my Torrens title to him to prove that the land was mine, but Juan claimed that […]
Owner of land has two options against builder in good faith
Dear PAO,I found out that the kitchen of my neighbor was constructed on a portion (15 square meters, more or less) of my unoccupied lot. I demanded the demolition of his kitchen, or else I would sue him. He offered to purchase the lot, claiming he built his kitchen in good faith. We agreed to […]
Refusal of a parent to subject her baby to newborn screening test
Dear PAO, I am pregnant, and I’m due to give birth in the coming days. My doctor spoke to me and explained that my baby would undergo newborn screening, which involves a procedure where blood has to be drawn from my child. I do not want to subject my child to screening because my religion […]
Contract of adhesion | The Manila Times
Dear PAO, My husband and I contracted a loan with a bank purposely to help finance our small merchandising store, which is on the verge of bankruptcy. As collateral, we mortgaged the land on which the store is located. In the succeeding years, we renewed our loan to increase the loan amount. However, the ready-made […]
VAWC victims may ask legal help from PAO
Dear PAO, Can a VAWC victim ask for legal help from your office? My friend is physically and economically abused by her former live-in partner, with whom she has a 5-year-old daughter. She has been contemplating filing a complaint against him, but she has no means to avail herself of the services of a private […]
Proof of possession is not limited to tax declaration
Dear PAO, My father intends to apply for the registration of the land which he bought from Jose. He wants to present the tax declaration from Jose as proof of possession, however, such evidence can only prove 16 years of possession, assuming it will be admitted. What are the requirements for land registration, and what […]