legal Free Legal Advice

[Google]

Hi. It may sound silly to you guys, but I would like to inquire on how to possibly legally change my NAME. I intend to keep my First and Last Name but would like to change my Middlename to honor my stepmother who took care of me. I never met my biological mother and it ws my step mother who brought me up ever since i was a child.

 

Any help / advise will do.

 

this will help.

 

http://www.futurescopes.com/change-name/7844/how-change-your-name-philippines

[*badass*]

It depends. If the title to the property was in the name of the deceased, how was the property sold by the surviving spouse? If fraud was committed and the buyer was or should reasonably have been aware of such fraud, then the said buyer cannot claim good faith and the heirs can run after the property. However, if there is actual good faith (ex., the surviving spouse produced a special power of attorney purportedly executed by the registered owner in favor of the surviving spouse, and the buyer was not aware that the SPA was spurious), then the heirs may not be able to recover the property. However, they can run after the surviving spouse for their share of the price paid for the property.

thanks for the info chief. let's just put it this way.

 

1. the title to the property is in the name of the deceased (married to her husband);

 

2. no SPA was ever executed during the lifetime of the deceased.

 

3. estate of the deceased has yet to be settled.

 

under these circumstances, can the husband sell, without the knowledge of the legitimate children and the estate yet to be settled, the property? if the husband succeeds in selling the property to a 3rd person, is the sale valid, void or voidable? salamat ulit chief.

[MartyMart]

As previously mentioned, it depends on the circumstances of the sale. Given the situation, it could only be surmised that any sale by the husband can only be done through fraudulent means because it was done without the knowledge and consent of the other compulsory heirs. One way that the husband can sell the property is by producing a forged or fake special power of attorney from the registered owner of the property. Whether the sale is valid or void depends entirely on the good faith of the buyer. If the buyer was a party to the fraud, or had knowledge of the fraud, or could have reasonably obtained knowledge of such fraud, then he cannot claim good faith and therefore the sale is void. The other heirs who were defrauded can file an action against both the husband and the buyer to recover the property itself.

 

On the other hand, if the buyer was not a party to the fraud or otherwise had actual or constructive knowledge of the fraud, then he can claim good faith and therefore the sale is valid. The other heirs cannot recover the property anymore. However, they can go after the husband to recover the money paid by the buyer for the property.

[lonejackal]

hello po baka off topic po ito but i still have to ask

 

i am planning to take up law pero yung mga nakikita ko na requirements for law school is dapat graduate ng minimum of 4 year bachelor course and i was only able to complete 2 1/2 years of my BSIT course

 

meron po ba school na meron law or related course para sa undergrad?

 

thanks po

[Google]

hello po baka off topic po ito but i still have to ask

 

i am planning to take up law pero yung mga nakikita ko na requirements for law school is dapat graduate ng minimum of 4 year bachelor course and i was only able to complete 2 1/2 years of my BSIT course

 

meron po ba school na meron law or related course para sa undergrad?

 

thanks po

 

wala bro.

pre-law requires that you are a graduate of a 4 year bachelor's course.

kuha ka na lang ng AB Course tapos pa credit mo na lang yung mga creditable subjects sa IT course mo.

[*badass*]

As previously mentioned, it depends on the circumstances of the sale. Given the situation, it could only be surmised that any sale by the husband can only be done through fraudulent means because it was done without the knowledge and consent of the other compulsory heirs. One way that the husband can sell the property is by producing a forged or fake special power of attorney from the registered owner of the property. Whether the sale is valid or void depends entirely on the good faith of the buyer. If the buyer was a party to the fraud, or had knowledge of the fraud, or could have reasonably obtained knowledge of such fraud, then he cannot claim good faith and therefore the sale is void. The other heirs who were defrauded can file an action against both the husband and the buyer to recover the property itself.

 

On the other hand, if the buyer was not a party to the fraud or otherwise had actual or constructive knowledge of the fraud, then he can claim good faith and therefore the sale is valid. The other heirs cannot recover the property anymore. However, they can go after the husband to recover the money paid by the buyer for the property.

 

copy chief. so it all boils down whether the buyer is a party, has knowledge and/or consented to such sale.

[lonejackal]

 

wala bro.

pre-law requires that you are a graduate of a 4 year bachelor's course.

kuha ka na lang ng AB Course tapos pa credit mo na lang yung mga creditable subjects sa IT course mo.

ok thanks po

[MartyMart]

copy chief. so it all boils down whether the buyer is a party, has knowledge and/or consented to such sale.

What it all boils down to s whether the buyer was a party to the fraud, or had knowledge of the fraud. If he is an innocent buyer in good faith, the sale will be valid.

[TheRedHood]

tanong ko lang po, kung hanggang saan ang extent ng karapatan sa mga menor de edad na mga anak ng tatay kung hiwalay na sila ng nanay ng mga bata?

 

kasi po, nang maghiwalay ang mag-asawang ito, tinakot nung tatay ang nanay na kukunin niya ang isa sa dalawang bata na anak nila kasi ang katwiran niya e yon ang karapatan niya bilang tatay ng mga bata at wala daw magagawa ang ina kung hindi sundin ang batas na yon. . . tama po ba? puwede na rin po paki-bigyan linaw kung bakit? maraming salamat ngayon pa lang po

[jacksilva16]

Court muna ang magdedecide sir regarding sa custody ng mga bata, hindi pwede yung father ang mag-impose kung kanino mapupunta yung isa sa anak nila.

 

And if both children are below seven, custody shall be with the mother, but this is not absolute.

[TheRedHood]

Court muna ang magdedecide sir regarding sa custody ng mga bata, hindi pwede yung father ang mag-impose kung kanino mapupunta yung isa sa anak nila.

 

And if both children are below seven, custody shall be with the mother, but this is not absolute.

opo sir below 7 years old po parehas ang mga bata. follow-up question lang po sana. . . paano kung pinilit nung tatay na kunin ang isa sa mga anak nila kahit hindi na mag-antay ng court order, ano po ang legal actions na puwedeng gawin ng nanay against sa tatay?

[rocco69]

opo sir below 7 years old po parehas ang mga bata. follow-up question lang po sana. . . paano kung pinilit nung tatay na kunin ang isa sa mga anak nila kahit hindi na mag-antay ng court order, ano po ang legal actions na puwedeng gawin ng nanay against sa tatay?

kasuhan ng violation ng anti-violence against women and children act yung tatay (see Section 5e[1], Republic Act 9262)

[TheRedHood]

kasuhan ng violation ng anti-violence against women and children act yung tatay (see Section 5e[1], Republic Act 9262)

maraming salamat po sa pagtugon

[p4tr1ck]

Why is casino games not being ban in the country? All of their games are of negative expectation.. There's no money to make..for the players

[Roubaix]

Why is casino games not being ban in the country? All of their games are of negative expectation.. There's no money to make..for the players

There is the PAGCOR law which allows systemized gambling in casinos.