Category Archives: Family Law

Last Will and Testament in the Philippines: Basic Discussion

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The settlement of a person’s estate after his/her death, based on our experience, is potentially one of the more bitter litigations. It’s never good to see relatives fighting each other. Some persons, with the intent of controlling the disposition of his/her properties after his/her death (and hopefully prevent fighting among his/her heirs over the properties left), prepare a “last will and testament”. Let’s have a brief discussion on this matter.

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Love and Law

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It may seem improper to talk about love in a legal forum, particularly considering that among the most popular articles relate to annulment, legal separation and divorce. Still, Valentines, February 14, is just around the corner and there could be no serious objections why we could not talk about this “gentle and universal emotion.” Besides, even the Supreme Court had occasions to talk about love —

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Venue of Petitions for Annulment or Declaration of Nullity of Marriage

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One of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages —

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Conjugal Partnership of Gains: Property Relations in Marriage

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We previously noted that we are breaking down the discussion on the property relations of the spouses during marriage under the Family Code, as follows: (1) Prenuptial agreements and introduction to property relations between husband and wife; (2) The system of absolute community; (3) Conjugal partnership of gains; (4) Complete separation of property; (5) Donations by reason of marriage; and (6) Comparison of the various types of property relations between spouses. This post is Part 3.

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System of Absolute Community: Property Relations in Marriage

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We previously noted that we are breaking down the discussion on the property relations of the spouses during marriage under the Family Code, as follows: (1) Prenuptial agreements and introduction to property relations between husband and wife; (2) The system of absolute community; (3) Conjugal partnership of gains; (4) Complete separation of property; (5) Donations by reason of marriage; and (6) Comparison of the various types of property relations between spouses. This post is Part 2.

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Travel Clearance Required for Travel of Minors Abroad

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Before we proceed with the series on the property relations between spouses, let’s take a break and discuss the requirements for minors traveling abroad or outside the Philippines. The official document required is a travel clearance, which is a document issued by the Department of Social Welfare and Development (DSWD) to a Filipino child (below 18 years of age) traveling abroad alone or with someone other than his/her parents.

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Marriage Settlement (Prenuptial Agreement) and Introduction to Property Relations in Marriage

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What are the differences between absolute community, conjugal partnership of gains, and complete separation of property? Somebody asked this question some time ago, but we were not able to immediately post a discussion on this matter due to heavy law office work. This is also the same reason why we are constrained to break down the discussion into six parts, as follows: (1) Prenuptial agreements and introduction to property relations between husband and wife; (2) The system of absolute community; (3) Conjugal partnership of gains; (4) Complete separation of property; (5) Donations by reason of marriage; and (6) Comparison of the various types of property relations between spouses under the Family Code.

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