Philippines Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Philippines
September 14, 2016 By De Borja Lamorena and Duano Law Offices
An annulment is a complicated process. The authors of this article attempt to simplify a Philippine annulment for laymen to help them navigate their way towards understanding the legal procedure involved. This article should not be taken as legal advice and is meant only for research and information.
Internet postings are subject to Philippine jurisdiction. Under Section 21 of the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), jurisdiction shall lie if any of the elements of the libel was committed within the Philippines. One of the elements of libel is publication of the charge. If the posts are published and accessible in the country, Philippines has jurisdiction.
While the immigration officers have the prerogative to decline entry of foreigners, they must do so without arbitrariness, that is, the ground for refusal must be among those provided by law.
This is a preview as to the basic requirements for the filing of an application for adoption under the Philippine Domestic Adoption Act of 1998.
In the case of Sharica Mari Go-Tan v. Spouses Perfecto and Juanita Tan, G. R. No. 168852, September 30, 2008, the Supreme Court of The Philippines held that parents in laws may likewise be held liable for violation of RA 9262 under the principle of conspiracy.
Domestic Violence in relation to RA 9262. Domestic Violence is an act of aggressive behaviour within the home and towards a member or members of the family such as but not limited to physically inflicting bodily harm to a spouse or children, verbally assaulting a member of the family, sexually abusing the wife, partner or even the children.
A guide for both employees and employers in Philippine Labor setting concerning payment of separation pay.
Future spouses have the freedom to enter into an agreement with each other as to how their properties will be governed, and just like any other contracts, the stipulations thereto should not be void or contrary to law, morals or public policy. Pre-Nuptial contract is an agreement between future husband and wife insofar as the property relations that will govern their properties during the existence of their marriage.
A marriage declared by the court as null and void connotes that the marriage entered into by the parties is inexistent as if no marriage ever took place between them. Parties who enter into a marriage are presumed to have done so legally which renders their marriage binding and valid and may not be presumed by the parties to be otherwise simply because of their personal belief that a ground for its invalidity exists.
“Marriage is a special contract of permanent union between a man and a woman entered into in accordance with the law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code." Article 1 Family Code of the Philippines.
Licensed to Practice Law in California and the Philippines
The drama and trauma of obtaining a working permit (AEP) and a 9(g) visa is an experience most foreigners recount with mixed emotions- shock, anger, outrage, frustration, dismay, and even hopelessness.
Restrictions on Foreign Ownership of Land in the Philippines
Tell me what you eat, and I will tell you what you are. Anthelme Brillat-Savarin (1755 - 1826), The Physiology of Taste, 1825
One sided lease agreements in the Philippines are the rule of thumb and don’t imagine for a second that they are in favor of the lessee.
You have probably heard about the story of a famous Filipino actor who became an “instant” U.S. citizen. His case caught the imagination of so many Filipinos. Suddenly, they began building their family tree, wondering if the branches would lead back to America. But more than the desire to go to America, there is really something wonderfully exciting about learning your true heritage.
Comparative Analysis of the Philippine Arbitration Law and the UNCITRAL Model Law on International Commercial Arbitration (Part I)