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Free Legal Advice


Butsoy

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I disagree. If there is a conflict between a sequestration order and a BIR levy, the sequestration order should prevail.

 

Won't you agree that the BIR levy would be invalid and ineffective should these properties be deemed ill-gotten? Why should the government settle for just a slice when it can take the whole goddamned cake? If they are deemed ill-gotten, then they are not supposed to be part of the estate. Thus, until the issue of sequestration be ventilated and clarified in the proper judicial forum, the BIR's claim should be suspended. In effect, the BIR can make a reassessment of the estate tax should the courts decide that the property is not ill-gotten.

 

 

 

Pardon my ignorance but I assumed that the Tacloban properties were never sequestered by the PCGG. I remember the heady days when the PCGG was issuing sequestration orders right and left but if at this time they were left alone by the PCGG, then they would have a very weak case of going after the said properties or the proceeds of the sale of these properties.

 

In any case, I feel that the proceeds from the BIR levy, if ever the sale is realized, should properly go to the BIR and thus indirectly goes to the national government. The Marcoses could have bought it back from the auction sale, if they so desired. But I guess what you mean is do a negotiated sale back to the Marcoses. But maybe I digress. I submit that the levy power of the BIR takes precedence over the sequestration power of the PCGG IF A CONFLICT EXISTS. From what I read, there is no conflict at all with respect to the Tacloban properties. I think...

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Good day all.

 

I have a friend who got married in Manila City Hall last year. She is supposed to get married by the judge but later found out on the marriage certificate that the guy who performed the ceremony is a reverend. Is this practice legal? What is the easiest way to find out if the marriage is legal?

 

Please advise.

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Good day all.

 

I have a friend who got married in Manila City Hall last year. She is supposed to get married by the judge but later found out on the marriage certificate that the guy who performed the ceremony is a reverend. Is this practice legal? What is the easiest way to find out if the marriage is legal?

 

Please advise.

 

The marriage is legal. I am assuming that the "reverend" is duly authorized by his religious sect to solemnize marriage hence under the Family Code, he would have authority to solemnize marriage (see Art. 7[2] of the Family Code), thus even if he wasn't a judge, the marriage would still be valid.

 

In fact, even assuming that he had no authority to perform marriages, since your friend thought the guy who performed the marriage was authorized to do so, the marriage would still be valid, as provided for by Article 35(2) of the Family Code.

 

Art. 35. The following marriages shall be void from the beginning:

(2) Those solemnized by any person not legally authorized to perform marriages UNLESS SUCH MARRIAGES WERE CONTRACTED WITH EITHER OR BOTH PARTIES BELIEVING IN GOOD FAITH THAT THE SOLEMNIZING OFFICER HAD THE LEGAL AUTHORITY TO DO SO;

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Good day all.

 

I have a friend who got married in Manila City Hall last year. She is supposed to get married by the judge but later found out on the marriage certificate that the guy who performed the ceremony is a reverend. Is this practice legal? What is the easiest way to find out if the marriage is legal?

 

Please advise.

 

to confirm just check with the office of the civil registry if all the documents and your marriage had been registered.

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I have done my research on voidable marriages.

 

If a couple is married with the failure to secure a marriage license prior to the ceremony, is the marriage valid? The couple has been living in for 2yrs.

 

thanks in advance! :blush:

 

I'd say the marriage is void from the very beginning. Unless it falls under the following:

 

1. where they got married and one of the parties was at the point of death

2. where they were living in a place where there is no means of transportation to get to the Civil Registrar

3. if it was a marriage between members of ethnic cultural communities or Muslims and celebrated according to their customs and traditions

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I'd say the marriage is void from the very beginning. Unless it falls under the following:

 

1. where they got married and one of the parties was at the point of death

2. where they were living in a place where there is no means of transportation to get to the Civil Registrar

3. if it was a marriage between members of ethnic cultural communities or Muslims and celebrated according to their customs and traditions

 

many thanks sir!

 

you are a big help!

 

so either one of the couple may file the motion to void the marriage? any indication sir kung magkano ang inaabot? or any legal entanglements that we should expect? :mtc:

Edited by TMX_626
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