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Why Do I Need to Make a Last Will & Testament?

DSLaw Succession Law Series

WHY DO I NEED TO MAKE A LAST WILL & TESTAMENT? [Understanding the Law of Succession under the Civil Code of the Philippines]

Based on our experience in the law practice, families often fight about inheritance. Some people even wage war against their own flesh and blood over a loved one’s estate ending in protracted legal battles. [1]

You must have read the novel of John Grisham, “The Testament.” Let’s meet the main character, Mr. Troy Phelan, an eccentric, reclusive, ruthless billionaire businessman, who commits suicide. In order to cut his family out of his Last Will and Testament (or simply referred as “Will”), he makes a fake Will a few hours before his suicide, putting his family into that Will. Minutes before his suicide, he shows his lawyer a new Will. This Will leaves only enough money to each of his heirs to pay off their debts, and leaves everything else to Rachel Lane, an illegitimate daughter that none of his family and associates know about. From here, you know that the plot only gets messy along the way.                                                          

To avoid this kind of dispute, the Civil Code of the Philippines encourages testamentary succession. This is in accordance with the principle that the Will is considered the testator speaking after death.[2] It is an act whereby a person is permitted, with the formalities prescribed by law to control to a certain degree the disposition of his estate to take effect after his death.[3] In addition, did you know that executing a Will can be a good tool for estate planning alongside with securing insurance policies or setting up family corporations? We shall be talking more about estate planning in one of our succeeding featured articles in our website at http://www.dellorosaulog.com .

In the execution of a Will, the testator has two options:

a.     Notarial Will – It is an ordinary will which shall comply with requirements of articles 804 to 808 of the Civil Code of the Civil Code of the Philippines.

b.     Holographic Will – It is one which is entirely written, dated and signed by the hand of the testator under article 810 of the Civil Code of the Philippines.

 

[1] P. Mark Acettura, Blood & Money: Why Families Fight Over Inheritance and What To Do About It, (2011).

[2] Santos v. Manalang, 27 Phil. 209, (1914).

[3] Civil Code, art. 783, (1950).

How Can We Help?

In making a Will, it is advisable to employ an attorney who specializes in Family and Succession Laws. If an attorney drafts a Will and is present at the time of its execution, there is a strong presumption that the will has been regularly made.[1]

At Delloro & Saulog Law Offices, we can assist you in drafting a Will for the settlement of your estate. The preparation of the Will may also indicate your administrator of choice, the preferred legal guardians for your children, and your specific bequests. Yes, making a Will is not just for the rich, it is for everyone. After all, your Will is not just a disposition of your assets. Your Will is your final act and legacy that contains your wishes for your loved ones so that somehow you can still be a part of their lives even when you are already gone.

Let us help you avoid family disputes and ensure that your last wishes are fulfilled.

For more information on how we can help you, book a consultation with us below.

[1] E. Paras, Civil Code of the Philippines Annotated, 57 Am. Jur., Sec. 21, (2008).

What Happens to Our Property Relations If We are Cohabiting Outside the Benefit of Marriage?

DSLaw Family Law Series

What Happens to Our Property Relations If We are Cohabiting Outside the Benefit of Marriage? [Understanding the Property Regimes under Articles 147 and 148 of the Family Code of the Philippines]

Cohabitation is the public assumption by a man and a woman of the marital relation, and dwelling together as man and wife, thereby holding themselves out to the public as such.[1]

1.When a couple decides to cohabit, the Family Code of the Philippines dictates two legal scenarios with respect to their properties:When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on
co-ownership.[2]

2. On the other hand, when the common-law spouses suffer from a legal impediment to marry or when they do not live exclusively with each other as husband and wife, only the property acquired by both of them through their actual joint contribution of money, property or industry shall be owned in common and in proportion to their respective contributions. Such contributions and corresponding shares, however, are prima facie presumed to be equal.[3]

[1] Arcaba v. Vda. de Batocael, G.R. No. 146683, (2001).

[2] Family Code, art. 147, (1987).

[3] Valdes v. RTC, Br. 102, Quezon City, G.R. No. 122749, (1996).

How Can We Help?

Cohabiting or being in a relationship as a common law husband or wife with your partner can result to complex property relations and successional rights.

Our lawyers at Delloro & Saulog Law Offices are ready to explain to you the complexities of these property regimes under the Family Code of the Philippines and the legal consequences you must know to protect your rights and interests.

Will co-ownership apply to your cohabitation? Or will it be owned in common in proportion to your respective contributions? Our lawyers will be glad to assist.

For more information on how we can help you protect your rights and interests under the given circumstance, book a consultation with us below.

For more information on how we can help you, book a consultation with us below.

Can I Get Married Without a License?

DSLaw Family Law Series

CAN I GET MARRIED WITHOUT A LICENSE?[Understanding the Marriage License Exemption under the Family Code of the Philippines]

Under the Family Code, no license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other.[1]

The reason behind this is to avoid exposing the parties to humiliation, shame and embarrassment concomitant with the scandalous cohabitation of persons outside a valid marriage.[2]

Nevertheless, said exemption is not easy as it seems. The nature of the cohabitation should be continuous, exclusive, and without any legal impediment the entire time.  The parties must also execute an affidavit stating such facts[3] before any marriage can take place.

As a general rule, before you get married in the Philippines, a marriage license needs to be secured. But did you know that some couples are exempted from this requirement?

[1] Family Code, art. 34, (1987).

[2] De Castro v. Assidao-De Castro, G.R. No. 160172, (2008).

[3] E. Rabuya, The Law on Persons and Family Relations, (2006).

How Can We Help?

There are other circumstances when the marriage license requirement may be waived under the pertinent provisions of the Family Code of the Philippines. If you are interested to learn about them, our lawyers at Delloro & Saulog Law Offices can clearly explain it to you. Moreover, our lawyers are willing to assist you in drafting the necessary paperwork with respect to this matter.

It is best to talk to a lawyer if you are thinking of getting married as there are legal matters that we can help you with in this momentous occasion of your life. For example, if you intend to donate property to your future spouse or if you wish to execute a pre-nuptial agreement, there are prescribed formalities of the law that need to be observed for these acts to be valid and binding. Let DSLaw be there to guide and make things smooth for you before you say your I do.

For more information on how we can help you, book a consultation with us below.

[1] Civil Code, art. 21, (1949).

Can I Marry Just for Money and Convenience?

DSLaw Family Law Series

CAN I MARRY JUST FOR MONEY AND CONVENIENCE?
[Understanding the Proper Consideration of Marriage for its Validity under the Family Code of the Philippines]

Love is useless unless it is shared with another.[1] This is true as more often than not, people marry for love. Nevertheless, some would marry for convenience (i.e. to obtain citizenship)[2] or for commercial reasons (i.e. for money). Are they still valid under Philippine Law?

Yes. People can enter into marriage for various reasons. The state cannot dictate the kind of life that a couple choses to lead.[3]

Thus, marriages entered into for other purposes, such as convenience, companionship, money, status, and title, provided that they comply with all the legal requisites, are equally valid.

Love, though the ideal consideration in a marriage contract, is not the only valid cause for marriage. Other considerations, not precluded by law, may validly support a marriage.[4]

[1] Chi Ming Tsoi v. Court of Appeals, G.R. No. 119190, (1997).

[2] Pabalan v. Salva, A.C. No. 12098, (2019).

[3] Bark v. Immigration & Naturalization Service, 511 F.2d 1200, 1201, (1975).

[4] Republic v. Albios, G.R. No. 198780, (2013).

How Can We Help?

At Delloro & Saulog Law Offices, our lawyers can help you prepare for the legal aspect of your married life. We can brief you with other jurisdictional requirements for a valid marriage. We can also help you draft related documents such as pre-nuptial agreement and donation contract in consideration of marriage. Make sure that you are well-informed with your decisions before you say I do, talk to a family lawyer today.

For more information on how we can help you, book a consultation with us below.

Is Breach of Promise to Marry an Actionable Wrong?


DSLaw Family Law Series

IS BREACH OF PROMISE TO MARRY AN ACTIONABLE WRONG? [Understanding the Concept of Damages under the Civil Code of the Philippines]

Imagine this: you’re on cloud nine. The love of your life proposed, and of course, you said, yes. You purchased the gown, the party dresses for the entourage, the flowers, and even the matrimonial bed. But two days before the big date, your fiancé left a note:
“I’m sorry but we need to postpone the wedding. My mother opposes it.” After which, you never saw him again.

Is his breach of promise to marry an actionable wrong?

Ordinarily, a breach of promise to marry per se is not an actionable wrong under Philippine Law.[1]

But to formally set a wedding and go through all the necessary preparations and publicity, only to walk out of it when the matrimony is about to be solemnized, is quite different. This is palpably and unjustifiably contrary to good customs, for which the erring promisor must be held answerable in damages.[2]

[1] Gashem Shookat Baksh v. Court of Appeals, G.R. No. 97336, (1993).

[2] Wassmer v. Velez, G.R. No. L-20089, (1964).

How Can We Help?

When a breach of promise to marry is actionable, our lawyers at Delloro & Saulog Law Offices can help you recover damages – be it actual, moral or exemplary damages. After all, we must all be held accountable with our promises, in one way or another.

We must all bear in mind that any person who willfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.[1]

For more information on how we can help you, book a consultation with us below.

[1] Civil Code, art. 21, (1949).

What if I’m Richer than My Future Spouse?


DSLaw Family Law Series

WHAT IF I’M RICHER THAN MY FUTURE SPOUSE? [Understanding the Different Types of Property Regime under the Family Code of the Philippines]

For couples, once the engagement ring comes into the scene, there are countless things to prepare. They canvass the number of guests, the reception, the caterer, and other details for their precious wedding day. However, couples often forget one of the indispensable things a union requires – settling finances. How do you talk about that delicate “money matter” with your future spouse?

Supposed that the groom owns PhP5,000,000 and the bride owns PhP500,000. At the time of the celebration of their marriage, the groom and the bride are actually saying, “I do’s” not only to their marriage. Practically speaking, the groom is also declaring, “I do give you my PhP5,000,000 and I do accept your PhP500,000.”  In the same vein, the bride is likewise professing that, “I do give you my PhP500,000, and I do accept your PhP5,000,000.”

Yes, in the absence of a pre-nuptial (or ante-nuptial) agreements, the Family Code of the Philippines provides that the property regime of the husband and wife is that of an Absolute Community of Property.

By an ante-nuptial settlement or agreement, the parties may define their property rights in property existing or after acquired, and they may vary substantially property rights that would otherwise arise on their marriage by operation of law.[1]

The Family Code of the Philippines has set three types of property regime:

a. In Absolute Community of Property, all of the property owned by the spouses at the time of the celebration of the marriage and those acquired during the marriage belong to them. Philippine Law assumes this property for all marriages unless the parties entered into a prenuptial agreement.[1]

b. In Conjugal Partnership of Gains, the spouses retain ownership of their separate property. However, the proceeds of their separate property shall belong to them. Properties acquired during the marriage fall under the Conjugal Partnership of Gains.

c. In Separation of Property, each spouse has complete control and ownership of their respective properties.

[1] 41 Am. Jur. 2d 233, 234.

[2] Pana v. Heirs of Juanite, Sr., G.R. No. 164201,(2012).

How Can We Help?


As the Solicitor General represents the Government of the Philippines, you, as interested party shall engage your own legal counsel.           

Our lawyers at Delloro & Saulog Law Offices can represent you as your counsel for your marriage and family concerns. We will guide you through the step-by-step processes in court and ensure that you are equally protected as well.

For more information on how we can help you, book a consultation with us below.

Why Does the State Intervene in Family Cases?


DSLaw Family Law Series

WHY DOES THE STATE INTERVENE IN FAMILY CASES? [Understanding the Importance of Family and Marriage under the Family Code of the Philippines]

Did you know that there is always a third party to your marriage when you wed in the Philippines?

Okay, let us explain. Of course, there is only the husband and the wife. But for the protection of the sanctity of marriage and family values, the State can certainly intervene – through the Solicitor General.

The Solicitor General is the principal law officer and legal defender of the land. For this purpose, his Office is tasked to represent the Government of the Philippines in any litigation, proceeding, investigation or matter requiring the services of lawyers.[1]

In cases of annulment and declaration of nullity of marriage, the trial court must order the Solicitor General to appear as counsel for the state. Without him, no decision shall be handed down.[2]

And because it is constitutionally-mandated to protect the family as a basic social institution, the state is vitally interested on good, solid and happy families. This will not only preserve the family members alone, but it will also strengthen the social and moral fabric.[3]

[1] Republic v. Iyoy, G.R. No. 152577, (2005).

[2] Ancheta v. Ancheta, G.R. No. 145370, (2004).

[3] Tuason v. Court of Appeals, 256 SCRA 158 (1996).

How Can We Help?


As the Solicitor General represents the Government of the Philippines, you, as interested party shall engage your own legal counsel.           

Our lawyers at Delloro & Saulog Law Offices can represent you as your counsel for your marriage and family concerns. We will guide you through the step-by-step processes in court and ensure that you are equally protected as well.

For more information on how we can help you, book a consultation with us below.

What Happens to Children When Parents Break Off Their Marriage?

DSLaw Family Law Series

WHAT HAPPENS TO CHILDREN WHEN PARENTS BREAK OFF THEIR MARRIAGE? [Understanding the Issues of Legitimacy, Child Custody and Support under the Family Code of the Philippines]

The severance of marital ties in the Philippines does not only involve the husband and wife. A child-centered approach should also be given importance. Unfortunately, when couples break off their marriage, there may be unintended legal consequences pertaining to legitimacy, custody and support which must be considered. We are here to answer the question, “What happens to the children after legal separation, declaration of nullity or annulment?”

In legal separation, which involves only the bed and board separation of the spouses, the children remain legitimate.

In voidable marriages, children who are conceived or born before the judgment of annulment has become final and executory shall still be considered legitimate.[1]

Meanwhile, children conceived and born of void marriages are illegitimate;[2] only with a few concessions: those who were born of void marriages such as psychological incapacity and subsequent marriages, who are exceptionally considered legitimate.[3]

With respect to custody, the custody of the minor children shall be awarded to the innocent spouse.[4] This is subject to the provision that parental authority shall be exercised by the parent designated by the Court.[5]

The Family Court, in its discretion, likewise has the right to award support in favor of the children.         

[1] Family Code, art. 54, (1987).

[2] Family Code, art. 165, (1987).

[3] E. Rabuya, The Law on Persons and Family Relations, (2006).

[4] Family Code, art. 63, (1987).

[5] Family Code, art. 214, (1987).

How Can We Help?


At Delloro & Saulog Law Offices, our can lawyers can help you and your children. We can assist you in filing a petition for support, custody, visitation, and guardianship. This may be lodged with the petition for annulment, declaration of nullity or legal separation, or may be filed separately.

For more information on how we can help you, book a consultation with us below.

How Can I Break Away From a Bad Marriage?

DSLaw Family Law Series

HOW CAN I BREAK AWAY FROM A BAD MARRIAGE? [Understanding Annulment, Nullity, and Legal Separation Laws and Proceedings under the Family Code of the Philippines]

People marry for various reasons. Unfortunately, it isn’t for everyone or sometimes, love is not just enough reason to stay in a marriage. There are those who fall under ill-fated marriages and need a solution to bring the marriage to an end.

Voidable and void marriages are not identical. A marriage that is annullable is valid until otherwise declared by the court; whereas a marriage that is void ab initio is considered as having never to have taken place and cannot be the source of rights.[1] The recourse for a void marriage is the declaration of nullity, while the recourse of a voidable marriage is annulment of marriage.

On the other hand, legal separation is an altogether different animal. It involves nothing more than the bed-and-board separation of the spouses.[2]

What are their grounds?

DECLARATION OF NULLITY

  • Absence of the Essential Requisites of Marriage
  • Bigamous Marriage
  • Incestuous Marriage
  • Psychological Incapacity
  • Marriages against Public Policy

ANNULMENT

  • Absence of Parental Consent
  • Unsound Mind
  • Fraud, Force, Intimidation or Undue Influence
  • Impotence
  • Serious and Incurable Sexually Transmissible Disease  

LEGAL SEPARATION

  • Repeated physical violence
  • Physical violence or moral pressure to compel the petitioner to change religious or political affiliation
  • Attempt of respondent to corrupt or induce to engage in prostitution
  • Imprisonment of more than six years
  • Drug addiction or habitual alcoholism of the respondent;
  • Lesbianism or homosexuality of the respondent
  • Contracting by the respondent of a subsequent bigamous marriage
  • Sexual infidelity or perversionAttempt by the respondent against the life of the petitioner
  • Abandonment of petitioner by respondent without justifiable cause for more than one year. 

The three modes provided under the Family Code of the Philippines produce different legal consequences to the marriage, property relation and status of the children of the spouses concerned. It is important therefore to carefully consider the appropriate legal remedy that is best suited and applicable to your given situation.

[1] Niñal v. Bayadog, G.R. No. 133778, (2000).

[2] Sy v. Eufemio, G.R. No. L-30977, (1972).

How can we help?

At Delloro & Saulog Law Offices, our lawyers are trained to help you file for an annulment, declaration of nullity or legal separation case. The process has technical aspects such as drafting of the petition and validation of documents. Several meetings with a lawyer are necessary before the initiatory pleading may be filed.

Aside from the case itself, you may also consult our lawyers regarding other important issues that are intimately connected and related with the marriage itself such as property relations, child custody and support.

For more information on how we can help you, book a consultation with us below.

What Can I Do If I Find Myself in a Violent Relationship?

DSLaw Family Law Series

WHAT CAN I DO IF I FIND MYSELF IN A VIOLENT RELATIONSHIP? [Understanding the Law on Violence Against Women and Children (VAWC) under Republic Act No. 9262]

Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004,” defines and criminalizes acts of violence against women and their children which are perpetrated by women’s intimate partners. These acts result in or are likely to result in, physical, sexual, psychological harm or economic abuse.

Physical Violence refers to any act that includes bodily harm. Sexual Violence pertains to the abuser’s lascivious conduct which may range from rape and prostitution to demeaning and sexually suggestive remarks. Wounded feelings, from the successive battery, may lead to Psychological Harm. And Economic Abuse could mean the deliberate withholding of financial support upon the victims.

The “intimate partner” may be a husband, former husband, or any person who has or had a sexual or dating relationship, or with whom the woman has a common child.

To value the dignity of women and children, and to grant them full respect for human rights, Republic Act No. 9262 allows victims of abuse to come forward and seek protection in the law.

In VAWC cases, time is of the essence if further violence is to be prevented.[1]     

How can we help?


At Delloro & Saulog Law Offices, our lawyers are trained to help you file for a Protection Order. This Protection Order will grant the necessary relief to victims of abuse. Among others, the victim may ask for the prohibition of the abuser from committing acts of violence, removal and exclusion of the abuser from the victim’s residence, and directing the abuser to stay away from the victim.[2]

Aside from the Protection Order, our lawyers are equipped to guide you in the institution of a criminal case when there are violations of the VAWC Act.

For more information on how we can help you, book a consultation with us below.

[1] Tua v. Mangrobang, G.R. No. 170701, (2014).

[2] Rep. Act No. 9262, (2004).