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A LAW EACH DAY (KEEPS TROUBLE AWAY)
Love and the law
by Jose C. Sison - May 14, 2021 - 12:00am
This is another case of alleged psychological incapacity of a spouse under Article 36 of the Family Code that renders the marriage void from the beginning, if the incapacity is (1) serious such that the party would...
Admissibility and weight of evidence
by Jose C. Sison - May 7, 2021 - 12:00am
This is another case involving married spouses, particularly the rights and obligations of the husband or father of their children.
Legally inexistent
by Jose C. Sison - April 30, 2021 - 12:00am
The State has a constitutional mandate to protect marriage as an inviolable social institution because it is the foundation of the family as the family is the foundation of the nation (Article Article XV. Sections...
Substantial and clerical errors
by Jose C. Sison - April 23, 2021 - 12:00am
Under Rule 108 of the Rules of Court, correction of erroneous entries in a document filed with the local Civil Registrar or Consul General needs court approval.
Insufficient proof
by Jose C. Sison - April 16, 2021 - 12:00am
Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family (Article 194, Family Code).
Easy preys
by Jose C. Sison - April 9, 2021 - 12:00am
Our overseas Filipino workers are considered as unsung heroes because of the millions of dollars they remit to boost our economy.
Not in good faith
by Atty. Jose C. Sison - March 26, 2021 - 12:00am
This is a case of double sale of a parcel of land where the ultimate issue is who has a better right to the subject property between the parties claiming right over it.
Heinous crime, lighter penalty
by Jose C. Sison - March 19, 2021 - 12:00am
Under the Revised Penal Code (Article 267 paragraph 4 as Amended by R.A. 7659) the maximum penalty of death shall be imposed for the complex crime of kidnapping with rape. This is the crime committed and proven in...
Unrebutted presumption
by Atty. Jose C. Sison - March 12, 2021 - 12:00am
A property acquired during the marriage is presumed to be conjugal even if the acquisition appears to have been made, contracted or registered in the name of one spouse, unless the contrary is proved (Article 116...
Intertwining issues
by Jose C. Sison - March 5, 2021 - 12:00am
In ejectment or forcible entry cases, the only issue to be resolved is the physical (possession de facto) and not the title of real property (possession de jure).
A very special day
by Jose C. Sison - February 26, 2021 - 12:00am
It seems that I cannot allow the month of February to pass without writing on another topic aside from my usual subject about judicial cases decided by the Supreme Court.
Conclusive and binding decision
by Jose C. Sison - February 19, 2021 - 12:00am
Even if a property is already titled in the name of a person, another one may have a better right to possess it and can file a suit to eject the person with a title through an action denominated as accion publiciana...
No change
by Jose C. Sison - February 12, 2021 - 12:00am
Under Article 315 of the Revised Penal Code, the misappropriation, conversion or denial of money, goods or other personal property received in trust, or on commission or for administration or under any other obligation...
Unsatisfactory, not invalid
by Jose C. Sison - February 5, 2021 - 12:00am
This is another case involving Article 36 of the Family Code about the supposed psychological incapacity of husband or wife or both to perform the essential marital obligations.
Illegal entry
by Jose C. Sison - January 29, 2021 - 12:00am
The rule is that the nature of the action and the court that has jurisdiction over the case is determined by the allegations of the complaint.
Presumed co-owners
by Jose C. Sison - January 22, 2021 - 12:00am
Under Article 147 of the Family Code which is actually a remake of Article 144 of the 1950 Civil Code, when a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and...
Public offense
by Jose C. Sison - January 15, 2021 - 12:00am
Under our penal laws, a crime is a public offense against the people.
Always presumed
by Atty. Jose C. Sison - January 8, 2021 - 12:00am
This is another case about marriage, which is considered as the “basis of human society throughout the civilized world.”
New Year’s wish
by Jose C. Sison - January 1, 2021 - 12:00am
A LAW EACH DAY (KEEPS TROUBLE AWAY)
Always merry and bright
by Jose C. Sison - December 25, 2020 - 12:00am
Christmas is always a season to be merry. So, regardless of the deadly Covid-19 pandemic that has infested us for nine months already, and even if we recently suffered from calamitous and deadly typhoons, this is...
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