Intestate succession of a relative on the collateral line
Dear PAO,Three months ago, my grandaunt, who was never married and who never had a child, died without leaving a will. She had two brothers, who both predeceased her. Her two brothers each bore a child, my father and my uncle. My father died five years ago, and I am his only child. Now that […]
Who are required to witness drugs inventory?
Dear PAO, Why is it that in the drugs case of our neighbor many years ago, aside from him and his lawyer, three other persons were required to witness the inventory — an official from the barangay, a representative from the media and a representative from the DoJ, but in the case now of my […]
Possession for purposes of confirmation of imperfect title shortened under new law
Dear PAO, I acquired land from a family who occupied the same land sometime in 1970. The seller had declared the land for taxation purposes, but he never tried to apply for its registration because of so many requirements. I am now consulting someone because I want to file a petition in court for the […]
Court has discretion on time of the execution of search warrant
Dear PAO, My brother was arrested after the police searched his house and found prohibited items mentioned in the search warrant. The search was conducted at midnight; thus, our relatives are claiming that the said search was illegal because a search warrant should be implemented during daytime. The police presented a search warrant issued by […]
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 […]