The stated purpose of this law blog or blawg is to disseminate legal information for the general public (at the very least, those with internet access), in a manner consistent with the plain language initiative. We don’t pretend that such coverage is extensive, as the internet penetration index of the Philippines is admittedly low. Nevertheless, we have to start somewhere.
You may have noticed that a Forum user must now be registered and logged in to comment. We’re constrained to do this because of the barrage of spam coming in lately (yes, there are spam comments, not only spam emails). You may have also noticed that all registered users have been “promoted” or upgraded from “subscriber” to “contributor”, which means that anyone can now write and submit an article for posting in this site. Here’s the deal:
A contributor may write and submit articles, but the moderators must still review the article for posting. A contributor cannot directly publish a post. The moderators have absolute discretion to approve, edit, revise, reject or publish an article. Please don’t take this personally; this is meant to retain the integrity of The Forum.
We don’t have a set of specific guidelines, and, hopefully, we won’t need one. Still, there are rules to live by, foremost of which is this – no legal advice is and must be given. Articles and comments must be limited to legal information.
After a few submissions, a contributor status may be upgraded to “author”, the latter having the prerogative to publish articles without moderator approval. There will be some exceptions, of course.
So, if that’s fair enough, then please join us in this modest endeavor of making the law less alien to the general public. It will be greatly appreciated by everyone.
By the way, every registered user is part of the e-group (legal_forum@yahoogroups.com). Thank you.
Added: The immediate influx of user registration is heartwarming. May I request for a backgrounder on each user through the “About the User” portion of your profile. You can also add this information at the bottom of the submitted post. Again, thank you.
If upgraded to contributor or to author, will we get MCLE credits? hehehe… I am glad I found this site. Thanks so much. I think I will try to be “promoted” in due time.
Prosec, that’s a good idea, maybe we can work on that. Thanks for the kind words. We’re all looking forward to your post (I’m almost certain you’re one of the exceptions =).
how do i submit an article? i’m no lawyer…but how?
Lawenthusiast, you are automatically designated as “Contributor” upon registration. After logging in, you will be directed to the Site Admin. If not, you can find the “Site Admin” button at the “Meta” portion (check the bottom part of the sidebar, or simply look at the right part of this screen). The “Site Admin” button may also be found at the Header of this site (bottom-right side of the Header). When you click the Site Admin, you’ll be directed to the DASHBOARD. There, click “Write”, then compose your article and then save it. A moderator will later go over it.
By the way, I’d reply to your other comments this weekend. Thanks
I am now inspired to write all our experiences in all cases that we have right now which involves transactions in real estate, bank loans and credit line. But i want to be guided so not to add more problems to the ones i already have.
We have been Blessed so much yesterday when the Q.C. RTC gave us the chance to oppose the “Writ of Possession” (Ex-Parte) filed by one of the Banks on March 9, 2007. At least the scary thing for us this coming Christmas Season is over and we have a good two months to prepare.
When things seems to be closing in on us, only GOD can provide the ways and means if we have FAITH and put our WHOLE TRUST in HIM. It really WORKS!
Gabriela, am glad to hear about the “breathing space”. As to writing more about that case, I presume you’re aware of the sub judice rule, which basically means that you can’t discuss the merits of your case while it’s ongoing. There are no cliear boundaries, so please take the side of caution.
As always, good luck and God bless. Merry Christma to you and your family.
Jinemie, your point on annulment beng expensive (and, ergo, pro-rich) is one of the arguments of pro-divorce advocates. Nevertheless, there are legal aid groups (IBP and law school-based internship programs, among others) that accept annulment cases for free. I understand that the Public Attorney’s Office also accepts annulment cases, although you must remember that they are also swamped with other cases.
As to your second question, please discuss this among yourselves before availing of any legal moves. Legal battles among family members are among the worst. Once you file a case, there’s no turning back. Good luck.
though everyone knows that filling for annulment or legal separation takes much cash,may i ask then how about those couples that belong to the poor and middle class society who can’t afford such expense? should they bare the agony of living with their spouse’s misfits on a lifrtime basis just bec. they can’ afford to file for legal separations or annulment of their marriage? Please enlighten me on this. thank you very much!
for years we have been suffering psychologically from one member of our family from noise and verbal abuse, even maliscious mischiefs. he takes in prohibited drugs which is one cause of his bad attitude, he likewise own a gun which I am sure is illegal. We want to file a case against him for his unjust behavior, but our Phil. system of litigation takes years to be processed. What should we do? Thanks
The deceased Mr & Mrs. Yap cohabited for about 21 years til the death of Mrs. Yap in 1979. They have 5 living children. However, Mrs. Yap was previously widowed with 3 living children.
When Mrs. Yap died in 1979, no extra-judicial settlements were made with the properties. Consequently,Mr. Yap married a widow with an adopted child.
Eventually, Mr. Yap died 3 years ago. Before his death, settlements of properties were made among the 5 common children of Mr & Mrs. Yap and the legal widow of Mr. Yap including the adopted child.
Do the children of Mrs. Yap from her first marriage have any rights to claim inheritance from Mr. Yap considering that settlements were made without their knowledge?If so, what are their shares?
Hoping for your enlightenment. Thank you. Elvie.
Elvie, I’d be more than glad to answer your question, if I could. Ethical considerations (as discussed in the “Terms“) prevent me from answering questions relating to specific and actual matters.
Still, please try to come back from time to time, as we may post certain articles that are related to your concerns. Thank you.
Im really glad to find this website…
Im turning 32yrs old now, married,workin in Dubai, UAE as Gen.Bookkeeper. I am separated from my husband for 7 long years now with out any legal documents testifying our case. I never demand nor obligated him for any financial support since he left me. We have a 10yr old daughter. xxx
I want to file annulment to benefit own myself or to re-marry to another man if in case but im here abroad. What will be my options? When & how is presumptive death applicable as my friends suggests? Is it aplicable to my case in anyways?
I would be very thankful for any information you may spare to me…
Thank you very much!
jeana, I’m terribly sorry if I can’t give any answer that is applicable to your situation. I hope you understand that I’m prohibited from doing so in this forum. Nevertheless, for your concerns on declaration of presumptive for marriage purposes, please check this article. For annulment matters, please read this or this.
Good luck.
The site looks great ! Thanks for all your help ( past, present and future !)
morganusvitus, you’re welcome.
Cynthia, yes. Please go here. Thanks.
Atty. Fred,
I would like to know if you are hadling annulment cases, if so, may i know all the details (price package, time frame and requirements)
Thanks in advance,
Dear Atty Fred,
I have a problem with my existing loan at AUB. When I loan 80k since April 2005 i gave half of it to my co-maker. I have her sign an agreement that she owned me 30k which is payable for 3 years. Since May 2005 , I was the one shouldering the monthly amortization thru salary deduction. When I got lay-off from the company last sept 2006. I was not able to pay AUB. I ask help from my co maker because she did not pay me her monthly dues for 11 months after i lend her the money. Thats the time, different law firms and colletion agents called me,telling me that if Im not going to settle they will find a case agaisnt me. Then yesterday I receive a sub-poena from pasay city trial court .. case : sum of money .. what should i do ? thanks ..
Marie, I guess it’s called “summons” because if its simply for a sum of money, you’re a defendant in a civil case. As to the merits of your case, I can’t second-guess your lawyer (if none yet, I suggest you get one). Nevertheless, in general, a co-maker is bound in a solidary capacity, which means that the creditor could go against all or any one of the debtors. Don’t take this as applicable to your case because as mentioned above, I can’t discuss the merits of your case. Please discuss this with your lawyer. Good luck.
i met my husband 8 years ago he had a first marriage, he and their daughter was abondoned by his first wife, the girl leaved their house and get another man..she use to visit their daughter for the first year of their separation, then she never showed up until they heard she was pregnant with her boyfriend, then my husband started to look for somebody as his first marriage wont be the same again..it was in the first year of their separation when we started our relationship we lasted up to 5 years then i decided to go abroad..we continued our relationship and i discover that i was pregnant, i had my baby in the country iam living at now, my son had his fathers surname, when i got back home we consulted a pastor whom he told us that we can get married as long no one will complain to the court, since we want to start our family and my husband doesnt know hsi first wife whereabout and no contact to the girl for 5years we decided to push the civil wedding..they provided us marriage contract so i got the chance to change my status and my name..by that time my husband annulment is still on the process, so we know that our marriage had a chance to be nulled and void, after 2 years his annulment was released, and is nullify..then after 4months we decided to get married in our church but we used the same registry number from our civil marriage, no one can tell us now where we can request a notation that we get married again this 2007.. is our church wedding may also be affected and have a chance to be null and void just because we used the same registry number? iam really confused now because iam planning to petition my husband what will be better to petition him as spouse or partner? but my surname is his surname now..we got one son with his name..god help me iam really worried that the embassy of the country that iam living now may refused his application as dependant..if both of our marriage will not be recognise..thanks
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Dexter,
Thank you very much for the submission…I believe it’s already posted. Kindly include a statement in your second post that it’s the product of your own research, so that it could properly be attributed to you. One more thing, maybe you would want to add something to the write-up at the contributors’ page. More power!
Atty. Fred,
I’m Dexter Pante, currently 2nd year law student at San Beda College.
May I know how to upload the bar questions and their answers which I personally researched?
When I saved it, I did not see it published. It was still in draft mode. May I know it the said article still needs the moderator/administrators approval and review?
Thanks and more power.
Dexter Pante
Dear Atty. Fred,
Thanks for the information. I already did as suggested. BTW, you forgot to answer whether contributions need approval from moderator/administrator. I assume that it does so as to maintain and uphold the correctness, integrity and validity of legal information published here.
Dexter
Dex, we presume that when an author submits an article, he/she already verified its correctness. I, for one, would not want my articles to be riddled with errors.
We also presume that readers, many of whom are well-informed about the law, would point out any errors. We also expect the author to defend his/her position or admit the mistake, as the case may be. We must point out that admitting the mistake is not at all bad, as this Forum welcomes free (and respectful) debate and positive criticism.
Good day. I would like to share something which concern me a lot although there is no problem encountered yet as of now. I have a half brother. He was adopted when he was adopted by a childless couple who were now both dead. There was no formal adoption paper which was executed. He was now using the name given by his supposed adopting parents. However, previously he was registered with another name by his biological mother before he was adopted. The couple who adopted him also had him registered using the family name of the couple in another place. In my opinion, the name that should be used by him is the name registered by his biological mother. What would be the effect of this double registration on his legal transactions? What would be the remedy to cure this defect?
Another concern is with respect to the properties of the adopting parents. My half brother had executed an affidavit claiming that he is the child of the deceased couple and that there is no other heir. With that, he had already sold the properties of the couple. Now, the siblings of the couple claim that they have the right to the properties, but there is still no litigation. What would be the possible implication if the case of the siblings of the couple would push through? Thank you..