legal Free Legal Advice

[molato]

question to all the bright legal minds of mtc:

 

here's the situation: year 2000 2 filipinos, june and ana, got married here in the philippines, in 2002 they became american citizens and lived in the states. year 2004 they got divorced in the states. they have not availed of dual citizenship and have only remained american citizens.

 

right now june wants to get married to a filipina citizen, maria, here in the philippines.

 

questions: are june and ana still considered married in the philippines? was their divorce recognized here in the philippines? do june and ana still need to get annulled here in the philippines, so that june can marry maria validly?

 

different lawyers i have asked provided different answers.

 

thanks in advance to all the mtc legal minds.

[rocco69]

go to www.ipophil.gov.ph and see their page on "how to file applications" in their trademark section. the application forms can also be downloaded from there

 

HELLO:

 

What is the process involved in registering a trademark/brandname? Any help would be much appreciated.

[rocco69]

1. are june and ana still considered married in the philippines?

 

They are no longer considered married because they have divorced each other.

 

2. was their divorce recognized here in the philippines?

 

Yes, their divorce will be recognized and given effect by the Philippines.

While Philippine law does not recognize divorce, this rule applies only to Filipino citizens.

 

Art. 15 of the Civil Code provides:

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

 

This provision has been interpreted to mean that Filipinos will be governed by Philippine laws while foreigners will be governed by their own laws. Since June and Ana are now American citizens, they are governed by American law. Under their law, their divorce is valid, hence the Philippines will have to recognize the validity of that divorce. The fact that they were Filipinos at the time they married each other is immaterial. The case would have been different if they remained Filipinos, in which case, thedivorce cannot be recognized and given effect since there is no divorce under Philippine law. But as you said yourself, they are already Americans, so American law will apply to them, and since under American law, their divorce is valid, then they are considered as no longer married to each other.

 

3. do june and ana still need to get annulled here in the philippines, so that june can marry maria validly?

 

there is no more need for them to annul their marriage since under their law they are no longer married to each other. For June to marry Maria validly, he should just get a certified true copy of the divorce decree, authenticated by a Philippine consul, as well as a certification from State authorities that says that said State's law provides that when a person is divorced he has capacity to remarry (see Garcia v. Recio, 366 SCRA 437). He must also get a certificate of legal capacity to marry from US Embassy officials, sine Art. 21 of the Family Code provides:

 

Art. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.

Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage. (66a)

 

Hope this helps.

 

 

question to all the bright legal minds of mtc:

 

here's the situation: year 2000 2 filipinos, june and ana, got married here in the philippines, in 2002 they became american citizens and lived in the states. year 2004 they got divorced in the states. they have not availed of dual citizenship and have only remained american citizens.

 

right now june wants to get married to a filipina citizen, maria, here in the philippines.

 

questions: are june and ana still considered married in the philippines? was their divorce recognized here in the philippines? do june and ana still need to get annulled here in the philippines, so that june can marry maria validly?

 

different lawyers i have asked provided different answers.

 

thanks in advance to all the mtc legal minds.

[RECIDIVIST_21]

question to all the bright legal minds of mtc:

 

here's the situation: year 2000 2 filipinos, june and ana, got married here in the philippines, in 2002 they became american citizens and lived in the states. year 2004 they got divorced in the states. they have not availed of dual citizenship and have only remained american citizens.

 

right now june wants to get married to a filipina citizen, maria, here in the philippines.

 

questions: are june and ana still considered married in the philippines?ANSWER NO was their divorce recognized here in the philippines? ANSWER YES do june and ana still need to get annulled here in the philippines, ANSWER NO so that june can marry maria validly? ANSWER YES

 

different lawyers i have asked provided different answers.

 

thanks in advance to all the mtc legal minds.

[younghermit]

lufwaffe, under the new developments of the law, stalking is already a crime. Your friend's ex bf may be qualified as a stalker since having prevuious dating relationship as defined under the law is, among others, a very important element. Your friend could ask for police assistance.

R.A. 9262 "Anti-Violence Against Women and Children

 

Look it up.

[jake_roxas]

I would like to ask your opinion on what is the best book on obligations and contracts and who is the author? Jurado? Tolentino?, etc.

 

Thanks

Tolentino

[Waterbearer]

I'm going to Catmon Cebu next year to settle certain inheritance issues. I have to following lands to be divided amongst parties....

 

1. Beachfront property - 240sqm divided into 3

2. Farm land near the town hall - 6 hectares divided into 3

3. Farm land within the mountains - 2 hectares within NPA territory divided into 3.

 

These properties were named after my great grandparents.....now that they have been transferred to my grandparents.....I am to pay for all the expenses so that it can be transferred to my mother's name as well as my auntie's name. When it was transferred to my grandparents, it was just a declaration...I am not sure if there was a title to this....siguro naman meron ....my question is this.....Could you give me a rough estimate as to how much am i going to pay for this.....kahit hindi ko muna ipapatitulo.... It's just in the northmost part of Cebu so its not really a prime land.....It just so happened that after 35 years, the municapility discovered and declared that the properties rightfully belonged to us. Am I looking at a sum total of Php20k or more? Thanks.

Edited November 20, 2006 by Waterbearer

[rickyv]

makakapag file ka pero problema mo kung paano e -enforce yun kung mananalo ka, baka kasi mapagatos ka lang. unless na may pera sister mo dito sa pilipinas pwede natin ipa garnish to satify your due o kaya property na ipaattach kaya mas maganda kng sa america ma file. di kasi pwede habulin ng batas natin kasi territorial ang enforcement dyan.

 

 

mga sir, yung binigay sa akin na copy ng last will and testament ay hindi notarized ah since its a scan of the original one I think hindi rin notarized ang original. pagka ganito ba ang document eh is still binding or is it void?

[rickyv]

makakapag file ka pero problema mo kung paano e -enforce yun kung mananalo ka, baka kasi mapagatos ka lang. unless na may pera sister mo dito sa pilipinas pwede natin ipa garnish to satify your due o kaya property na ipaattach kaya mas maganda kng sa america ma file. di kasi pwede habulin ng batas natin kasi territorial ang enforcement dyan.

 

 

mga sir, yung binigay sa akin na copy ng last will and testament ay hindi notarized ah since its a scan of the original one I think hindi rin notarized ang original. pagka ganito ba ang document eh is still binding or is it void?

[rickyv]

makakapag file ka pero problema mo kung paano e -enforce yun kung mananalo ka, baka kasi mapagatos ka lang. unless na may pera sister mo dito sa pilipinas pwede natin ipa garnish to satify your due o kaya property na ipaattach kaya mas maganda kng sa america ma file. di kasi pwede habulin ng batas natin kasi territorial ang enforcement dyan.

 

 

mga sir, yung binigay sa akin na copy ng last will and testament ay hindi notarized ah since its a scan of the original one I think hindi rin notarized ang original. pagka ganito ba ang document eh is still binding or is it void?

 

mga modes paki delete nalang kung paulit ulit ang post kasi nagloloko yung server eh akala ko di pa napost, thanks

Edited November 20, 2006 by rickyv

[rickyv]

mag sir pag sinabi na " assigned to be the guardian in the disposition of assets" ano ang ibig sabihin? thanks

[blackwolf]

mag sir pag sinabi na " assigned to be the guardian in the disposition of assets" ano ang ibig sabihin? thanks

 

 

is the last will and testament of your father a handwritten document? kc in that case what is required is that it should be entirely written and dated by our father. no need for any notaral act. But if the last will and testament si formal like for example there are at least 3 credible witnesses attesting it , then you need to have it acknowledged before a notary public. You need to have the originals and not only a copy unless nawawala na yung mga originals or they are destroyed. As to your guardian, minsan kasi depende sa context kung saan ginagamit yung terms. kaninong property ang involved, sino and naassign anong klaseng property so that the proper parlance may be used

[rocco69]

Depende kung saan ginawa yung last will and testament kung valid ba ang un-notarized will kasi Article 17 of the Civil Code says

 

Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

 

Matter of form ang pagnonotaryo, kaya kung valid sa lugar kung saan ginawa yung will ang isang di ninotaryo na will, valid siya.

 

Since

mga sir, yung binigay sa akin na copy ng last will and testament ay hindi notarized ah since its a scan of the original one I think hindi rin notarized ang original. pagka ganito ba ang document eh is still binding or is it void?

[rickyv]

is the last will and testament of your father a handwritten document? kc in that case what is required is that it should be entirely written and dated by our father. no need for any notaral act. But if the last will and testament si formal like for example there are at least 3 credible witnesses attesting it , then you need to have it acknowledged before a notary public. You need to have the originals and not only a copy unless nawawala na yung mga originals or they are destroyed. As to your guardian, minsan kasi depende sa context kung saan ginagamit yung terms. kaninong property ang involved, sino and naassign anong klaseng property so that the proper parlance may be used

 

 

 

wala pong witnesses eh. hindi naman siya hand written, printed sa computer and signed by my late father.

as for the context, eto po ang nakalagay:

The rest of assets, mentioned above will be divided equally among my five children. I am assigning my daughter, _________ as guardianship in the disposition of assets.

 

signed

******* nothing follows **********

 

so as the guardian of the disposition of assets, may karapatan ba ang sister ko na humingi pa sa akin ng kung ano ano like feasibility or business plan and can she just open a trust fund for my kids so that she don't have to give it to me?

actually binigyan ko na nga siya ng business plan eh kaso ni reject niya at ioopen na nga lang raw ng trust fund para sa mga anak ko yung pera.

[blackwolf]

wala pong witnesses eh. hindi naman siya hand written, printed sa computer and signed by my late father.

as for the context, eto po ang nakalagay:

The rest of assets, mentioned above will be divided equally among my five children. I am assigning my daughter, _________ as guardianship in the disposition of assets.

 

signed

******* nothing follows **********

 

so as the guardian of the disposition of assets, may karapatan ba ang sister ko na humingi pa sa akin ng kung ano ano like feasibility or business plan and can she just open a trust fund for my kids so that she don't have to give it to me?

actually binigyan ko na nga siya ng business plan eh kaso ni reject niya at ioopen na nga lang raw ng trust fund para sa mga anak ko yung pera.

 

Since your father is also a Filipino citizen, Philippine laws are applicable. It seems that what you said is a notarial will and under our law, unless there are witnesses, an attestation caluse or acknowledgement before a notary public, which is a formal requisite, the will is void. If your will is void, then intestate succession rules will apply. the term guardian used here is that your sister will be the administrator of the estate of the your father. however, please know that an assignment of an administrator is only valid if there is a valid will. In this case, your will is void so your sister cannot be considered as the admiinistrator. There are five of you right? assuming your father has no debts and you and your siblings are the survivors, the whole amount should be divided equally. I just dont see the point kung bakit kailangan pa ng business plan at trust fund.