Aliens, as a general rule, are not allowed to own real property in the Philippines. By “aliens”, we don’t mean creatures from outer space, but persons who are citizens of other countries. By “general rule”, we mean that there are certain exceptions, and two of such exceptions are discussed below.
Continue readingExtrajudicial Settlement of Estate: Basic Discussion
When a person dies intestate (which means he left no will) the competent court shall appoint a qualified administrator for the estate. The same rule applies even if the person dies testate (which means that he left a will) if the will failed to name an executor in his will, or if the named executor is incompetent, or refuses the trust, or fails to furnish the bond required by the Rules of Court. One exception to this is the extrajudicial settlement of estate.
Continue readingJudicial Recognition of a Foreign Divorce Decree
Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.We already have a number of discussions on this. In certain instances, however, a divorce validly secured abroad may be recognized here in the Philippines.
Continue readingHouse Resolution 1109 (re: Constitutional Amendment or Revision)
[The House of Representatives recently issued a resolution asking that members of Congress — which, in a bicameral set-up, is composed of the Senate and the House of Representatives — convene to consider amendments or revisions of the Constitution. A stated purpose is to highlight a justiciable controversy, to allow the Supreme Court to decide, whether the Constitutional amendment/revision by Congress should be done by both chambers voting separately. Full text of House Resolution No. 1109 is reproduced below. See also similar discussions: How to Change a Constitution and SC dismisses petition assailing House Resolution 1109.]
Continue readingFlag and Heraldic Code of the Philippines (Republic Act No. 8491): Full Text
[Some performers render a stylized version of the Philippine national anthem. The applicable law is Republic Act No. 8491, also known as the “Flag and Heraldic Code of the Philippines”. Refer to Section 37 for using a different version of the National Anthem, and Section 34 for the prohibited use of the Philippine Flag.]
Continue readingMagna Carta for Micro, Small and Medium Enterprises (MSMEs): Republic Act No. 6977, as Amended
[This is the full text of Republic Act No. 6977, formerly known as the “Magna Carta for Small Enterprises,” as amended by Republic Act Nos. 8289 and 9501, is reproduced below. The amendments are incorporated in the text. It is now known as the “Magna Carta for Micro, Small and Medium Enterprises (MSMEs)“]
Continue readingObstruction of Justice (PD 1829) in the Philippines: A Summary
Obstruction of justice refers to the commission of acts penalized under Presidential Decree No. 1829 (“Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders”). Any person — whether private or public — who commits the acts enumerated below may be charged with violating PD 1829.
Continue readingPresidential Decree No. 1829: Penalizing Obstruction of Apprehension of Criminal Offenders
[The full text of Presidential Decree No. 1829 is reproduced below. See also Obstruction of Justice (PD 1829): Basic Discussion.]
Presidential Decree No. 1829
Continue reading2008 Bar Exam Results: 1,310 New (soon-to-be) Lawyers
Here’s the full list of the examinees who passed the 2008 bar exams (with the Top Ten). They will become full-fledged lawyers after taking the oath and physically signing the roll of attorneys. Congratulations, everyone. See you in court.
Continue readingPrimer on the Minimum Wage Tax Exemption
It’s that time of the year when we are again required to pay taxes and file our income tax returns. Some, however, are exempt from paying income tax. Minimum wage earners are not required to pay income taxes. Here’s a primer of the new law.
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