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I Lost My Land Title, What Should I Do Now?

DSLaw Real Estate Law Series

I LOST MY LAND TITLE, WHAT SHOULD I DO NOW? [Understanding the Laws and Procedures on Reissuance of Lost Title under Section 109 of Presidential Decree No. 1529}

Property registration in the Philippines follows the Torrens System, which recognizes a title as the best evidence of ownership of real property, such as lands and condominiums [1].  These property titles may be in the form of an Original Certificate of Title, a Transfer Certificate of Title, or a Condominium Certificate of Title.

For many property owners, having a title confirming their ownership provides them with a sense of security and peace of mind. After all, if you do not have your title in your possession, it can give rise to different presumptions and implications. For instance, it may be interpreted that you have actually sold or mortgaged your property to another person. Worse, if a third person gets hold of your title, he/she may validly transfer ownership of your property to a so-called purchaser for value and in good faith under certain circumstances [2].

But, what if the said title is lost or destroyed? What can the owner do to secure his ownership? Section 109 of Presidential Decree No. 1529 provides for a remedy, which states in part: 

Upon the petition of the registered owner or other person in interest, the court may, after notice and due hearing, direct the issuance of a new duplicate certificate, which shall contain a memorandum of the fact that it is issued in place of the lost duplicate certificate, but shall in all respects be entitled to like faith and credit as the original duplicate, and shall thereafter be regarded as such for all purposes of this decree.

          In a nutshell, the procedure for securing a new certificate of title is commenced by executing an affidavit of loss and thereafter filing it with the Registry of Deeds of the province or city where the property is located. Then, the applicant files a petition with the appropriate Regional Trial Court to conduct reissuance proceedings. Once the petition is granted by the court, the judge shall order the issuance of a new title, which will be entitled to the same faith and credence as the duplicate original title[3]. The property owner can now freely use the reissued title to transact and perform proprietary acts or acts of dominion such as sale, mortgage, and lease.

          Thus, if you have lost or otherwise misplaced your title, but have not yet commenced a judicial proceeding for its reissuance, you can execute a Notice of Loss and file the same with the appropriate Register of Deeds to initially protect your property from possible fraudulent transactions. If you want to have peace of mind, take action now and talk to your real estate lawyer.

[1]  Adobon v. Adobon, G.R. No. 155830, (2012).

[2] Yap v. Republic of the Philippines, G.R. No. 199810, (2017).

[3] Section 109, PD 1529.

How Can We Help?

Our lawyers at Delloro & Saulog Law Offices can help you file a petition for reissuance under Presidential Decree No. 1529. This petition will help you restore your lost title in its original form and condition. 

Our lawyers will help you in the preparation of the necessary documents (i.e. Sworn Statement and the Petition for Reissuance of Lost Title, among others). 

For more information on how we can help you file a Petition for Reissuance of your Lost Title, book a consultation with us below. 

What Should I Do When I Receive an Online Subpoena in Time of COVID-19?

DSLaw Rules of Procedure Series

WHAT SHOULD I DO WHEN I RECEIVE AN ONLINE SUBPOENA IN TIME OF COVID-19? [Understanding the Nature of Subpoena under the Philippine Rules of Court]

During this COVID-19 pandemic, several subpoenas have been sent out to individuals over their social media posts.[1] When people receive said legal order, it is normal to feel anxious, curious or worse, scared. But what is a subpoena, really?

The Philippine Rules of Court defines subpoena as a process directed to a person requiring him to attend and to testify at the hearing or any investigation conducted by competent authority. It may also require him to bring with him any books, documents, or other things under his control.[2]

In the Philippines, the following are authorized to issue a subpoena: the Judiciary, the Philippine National Police,[3] the Philippine Drug Enforcement Agency,[4] and the National Bureau of Investigation, among others.[5]

For the sake of administrative subpoena, it is enough that the proposed investigation be for a lawfully authorized purpose, and that the proposed witness be claimed to have information that might shed some helpful light.[6]

[1] L. Buan, Rappler: NBI summons ‘more than a dozen’ for coronavirus posts, (2020).

[2] Rule 21, (1997).

[3] Rep. Act No. 10973, sec. 1, (2017).

[4] Rep. Act No. 9165, sec. 84, (2002).

[5] Rep. Act No. 10867, sec. 4, (2015).

[6] Evangelista v. Jarencio, G.R. No. L-29274, (1975).

How Can We Help?

When receiving a subpoena, it is important to consult with a lawyer.

At Delloro & Saulog Law Offices, our lawyers can assist you in subpoena-verification. Our lawyers are also capable to identify the nitty-gritty of the documents the agency concerned should bear, and the documents needed on your end. Let us guide you through the process.

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

Can a Filipino File for Divorce Abroad?

DSLaw Family Law Series

CAN I FILE FOR DIVORCE ABROAD IF I AM A FILIPINO CITIZEN? [Understanding Article 26 of the Family Code of the Philippines]

It is of common knowledge that there is no divorce in the Philippines just yet. In fact, the Philippines is the only country in the world without divorce law other than the Vatican. However, a party from a mixed marriage can validly wonder, “Can I file for divorce abroad if I am a Filipino citizen?”

The pertinent provision of the Family Code is found in Paragraph 2 of Article 26, which provides that:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have the capacity to remarry under Philippine law.

The purpose of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after a foreign divorce decree that is effective in the country where it was rendered, is no longer married to the Filipino spouse. The provision is a corrective measure to address an anomaly where the Filipino spouse is tied to the marriage while the foreign spouse is free to marry under the laws of his or her country.[1]

Nevertheless, a plain reading of the law suggests that the one who must initiate the divorce proceeding is the alien spouse and not the Filipino spouse. So, can a Filipino spouse validly file a divorce proceeding and obtain a divorce decree abroad?

In the fairly recent case of Republic vs. Manalo,[2] the Supreme Court has ruled in the affirmative explaining that: “A prohibitive view of Paragraph 2 of Article 26 would do more harm than good. If We disallow a Filipino citizen who initiated and obtained a foreign divorce from the coverage of Paragraph 2 of Article 26 and still require him or her to first avail of the existing “mechanisms” under the Family Code, any subsequent relationship that he or she would enter in the meantime shall be considered as illicit in the eyes of the Philippine law.”

It must be emphasized that this scenario applies only to a mixed marriage which presupposes that a Filipino spouse is married to a foreign national. Nevertheless, you still need to file for a Petition for Recognition of Foreign Divorce Decree before the Philippine Court of Law in order for your foreign divorce decree to have a legal effect in the Philippine jurisdiction.

[1] Fujiki v. Marinay, supra note 20, at 555.

[2] Republic v. Manalo, G.R. No. 221029, [April 24, 2018])

How Can We Help?

Our lawyers at Delloro & Saulog Law Offices specialize in marriage and family law. We can provide you a competent representation, if you opt to institute the appropriate legal proceedings.

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

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.