your legal problems here

[_Cathy_]

cathy, that means it belongs to the wife/husband and kids na nga, like what fireice2 said
.

We are aware of that. But that is not the issue. Pa ulit ulit ko ng sinasabi reason bakit ayaw naman mabigyan. Dapat pala hindi na transfer ng Lola ko. But I don't blame her, who would think that she would outlive some of her children and grandchildren.

[Juan Martinez]

I have to be brutally frank, your cannot sell the properties she already transferred.

As regards those under her name and your lolo, your lola and their children are compulsory heirs. Legally may say ang mga anak sa mga properties na yun

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fireice2 knows what he's talking about.

first paragraph of his post is what we call in latin: nemo dat quod non habet. meaning, you cannot dispose of which you do not have.

second paragraph is co-ownership and succession. meaning, when your grandfather died without will, his bounty will be shared or co-owned by his heirs in accordance with the laws on succession.

the only way to deny an heir of his or her inheritance is by way of disinheritance, BUT this must be done when your grandfather was still alive.

whatever your grandmother or anybody in your family wishes to do with the property left by your grandfather MUST, in order it to be VALID, have the stamp of approval from its co-owners.

that is our law. unless in very exceptional cases wherein the rule on estoppel would apply against a co-owner or co-heir, no lawyer in this planet could take that right away from the co-heir. that's plain and simple. no florin hilbay can do that, no gerry spence can do that.

for our faults and shortcomings, we are still a society of laws and not of men.

[ninjababez]

bro JM confirm ko lang kung tama pagkaka intindi ko.

if dad dies, and orig wife acknowledges the 2nd family (except the mom ofcourse);
ALL assets divide by 2?
1/2 goes to wife
1/2 goes to all kids (legit or not)

what if they already sold and donated, most of properties and assets, after his death (without us asking for anything); can they still go after our home (name under 1st wife and dad)? considering the value of the said house is just 8-10m?

[Juan Martinez]

bro JM confirm ko lang kung tama pagkaka intindi ko.

if dad dies, and orig wife acknowledges the 2nd family (except the mom ofcourse);
ALL assets divide by 2?
1/2 goes to wife
1/2 goes to all kids (legit or not)

what if they already sold and donated, most of properties and assets, after his death (without us asking for anything); can they still go after our home (name under 1st wife and dad)? considering the value of the said house is just 8-10m?

bro, what do you mean by second family?

[ninjababez]

bro, what do you mean by second family?

anak sa labas bro
nagsasabi kasi mga friend ng dad ko sa amin dun sa activities sa province.
dami na daw asset nabenta, wala naman kami paki doon. kaso last nag usap kami nung panganay ng orig family, parang gusto pa humati doon sa bahay namin.

[Juan Martinez]

anak sa labas bro
nagsasabi kasi mga friend ng dad ko sa amin dun sa activities sa province.
dami na daw asset nabenta, wala naman kami paki doon. kaso last nag usap kami nung panganay ng orig family, parang gusto pa humati doon sa bahay namin.

question, bro: yung mga anak niya sa labas ay anak ba ng "pagkakasala" o na-annulled na yung marriage niya with his wife nung nagka-anak siya sa iba?

[ninjababez]

question, bro: yung mga anak niya sa labas ay anak ba ng "pagkakasala" o na-annulled na yung marriage niya with his wife nung nagka-anak siya sa iba?

di alam nun babae na may asawa sya bro, late na; buntis na ng panganay.

[Juan Martinez]

di alam nun babae na may asawa sya bro, late na; buntis na ng panganay.

bro, article 148 of family code regarding the property relationship of your dad and his girl:

Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.

If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.

The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.

your family has a right over one half of the value of the properties acquired by your dad and his girl through their actual joint contribution. if you can prove that his girl did not contribute at all in the acquisition of those properties, then you have the right to all of it.

[ninjababez]

bro, article 148 of family code regarding the property relationship of your dad and his girl:


your family has a right over one half of the value of the properties acquired by your dad and his girl through their actual joint contribution. if you can prove that his girl did not contribute at all in the acquisition of those properties, then you have the right to all of it.

thanks bro!

[ChoyJo]

Mga sir need advice..

Tatamaan kasi yung lupa namin ng widening ng daan(under DPWH daw yung Project).. May kalakihan kasi yung makukuha sa amin(around 600 square meters).. Willing naman kami kasi syempre for development naman ng lugar namin kaso paano po ba ang arrangement kapag ganito ang case? Paano ang process? Kasi hindi naman sila nagpapatawag for discussion sana sa mga matatamaang private lands eh sinisira na nila yung existing na daan.. Kapag may private lands ba na tatamaan babayaran nila yung area affected o basta na lang nila kukunin yung lupa at ipapatayo yung daan? Ni wala pa sila binigay na notice sa amin.. Ni walang mga conditions.. Basta verbal lang na sinasabi ng mga tao ng contructor na gagawing 4 lanes yung existing na daan.. Patulong po sa may mga idea sa ganitong case..

[Juan Martinez]

Mga sir need advice..

Tatamaan kasi yung lupa namin ng widening ng daan(under DPWH daw yung Project).. May kalakihan kasi yung makukuha sa amin(around 600 square meters).. Willing naman kami kasi syempre for development naman ng lugar namin kaso paano po ba ang arrangement kapag ganito ang case? Paano ang process? Kasi hindi naman sila nagpapatawag for discussion sana sa mga matatamaang private lands eh sinisira na nila yung existing na daan.. Kapag may private lands ba na tatamaan babayaran nila yung area affected o basta na lang nila kukunin yung lupa at ipapatayo yung daan? Ni wala pa sila binigay na notice sa amin.. Ni walang mga conditions.. Basta verbal lang na sinasabi ng mga tao ng contructor na gagawing 4 lanes yung existing na daan.. Patulong po sa may mga idea sa ganitong case..

under the constitution, no private property shall be taken for public use without payment of just compensation.

you send a formal demand to whoever government agency that expropriated your land for payment of just compensation. furnish a copy of such demand to the contractor.

in the event that you and the agency cannot agree on the purchase price, you can go to court (rtc) because just compensation is a legal question. but i suggest that you negotiate with the agency because a court suit is stressful, expensive, and protracted.

Just compensation is defined as the full and fair equivalent of the property taken from its owner by the expropriator. The measure is not the taker’s gain, but the owner’s loss. The word "just" is used to intensify the meaning of the word "compensation" and to convey thereby the idea that the equivalent to be rendered for the property to be taken shall be real, substantial, full, and ample. Such "just"-ness of the compensation can only be attained by using reliable and actual data as bases in fixing the value of the condemned property. (Republic vs. Asia Pacific Integrated Steel Corp., G.R. No. 192100, March 12, 2014)

Section 5 of R.A. 8974 enumerates the standards for assessing the value of expropriated land taken for national government infrastructure projects, thus:

SECTION 5. Standards for the Assessment of the Value of the Land Subject of Expropriation Proceedings or Negotiated Sale. – In order to facilitate the determination of just compensation, the court may consider, among other well-established factors, the following relevant standards:

(a) The classification and use for which the property is suited;

(b) The developmental costs for improving the land;

(c) The value declared by the owners;

(d) The current selling price of similar lands in the vicinity;

(e) The reasonable disturbance compensation for the removal and/or demolition of certain improvements on the land and for the value of the improvements thereon;

(f) The size, shape or location, tax declaration and zonal valuation of the land;

(g) The price of the land as manifested in the ocular findings, oral as well as documentary evidence presented; and

(h) Such facts and events as to enable the affected property owners to have sufficient funds to acquire similarly-situated lands of approximate areas as those required from them by the government, and thereby rehabilitate themselves as early as possible. (Republic vs. Asia Pacific Integrated Steel Corp, supra)

[fireice2]

Just pray na hindi gago yung contractor or yung in charge sa project dun sa DPWH.

Going though the legal processes is an absolute PITA. Tama sabi ni Juan Martinez, sa magandang usapan dapat magsimula

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[ChoyJo]

May kahirapan din pala ito mga Sir.. So far kasi verbal pa lang na nakikipag-usap yung project engr. Ang sinasabi pa lang nya is sasagutin nila lahat ng masisira(mga pader at bakod sila ulit magtatayo) pero nung nagtatanong ako tungkol sa lupa hindi nya at masagot at tatanungin daw muna nya Boss nya.. Tinatanong ko din sya bakit on going na construction eh ni hindi pa nila naabisuhan or naipapatawag lahat ng involve para sana mapag-usapan kung ano man ang arrangement na pwede.. wala din syang sagot.. So sa ngaun ang sabi ko sa kanya unless meron kayong notice na nakasaad lahat doon kung ano ang mga pwedeng arrangement natin at pagkakasunduan eh huwag nyo munang galawin yung sa side namin.. Mahirap naman ka ko na verbal lang usapan kasi wala akong panghahawakan kapag sakali man may hindi magandang mangyari.. So sa ngaun siguro ang pwede ko muna gawin is punta as DPWH at makipag-usap gaya ng payo ni atty.JM.. Thank You sir..

Sa mga may advice pa po na pwede makatulong sa case ko papost po ng mga ideas at opinion.. malaking tulong po sa akin.. salamat..

*fireice2

Noted sir..

[Gumusut_Amige]

May kahirapan din pala ito mga Sir.. So far kasi verbal pa lang na nakikipag-usap yung project engr. Ang sinasabi pa lang nya is sasagutin nila lahat ng masisira(mga pader at bakod sila ulit magtatayo) pero nung nagtatanong ako tungkol sa lupa hindi nya at masagot at tatanungin daw muna nya Boss nya.. Tinatanong ko din sya bakit on going na construction eh ni hindi pa nila naabisuhan or naipapatawag lahat ng involve para sana mapag-usapan kung ano man ang arrangement na pwede.. wala din syang sagot.. So sa ngaun ang sabi ko sa kanya unless meron kayong notice na nakasaad lahat doon kung ano ang mga pwedeng arrangement natin at pagkakasunduan eh huwag nyo munang galawin yung sa side namin.. Mahirap naman ka ko na verbal lang usapan kasi wala akong panghahawakan kapag sakali man may hindi magandang mangyari.. So sa ngaun siguro ang pwede ko muna gawin is punta as DPWH at makipag-usap gaya ng payo ni atty.JM.. Thank You sir..

Sa mga may advice pa po na pwede makatulong sa case ko papost po ng mga ideas at opinion.. malaking tulong po sa akin.. salamat..

*fireice2

Noted sir..

saan bang lugar ito?
dito sa amin, road widening is being carried out also. ang pagkaka intindi ng mga taong naapektuhan dito sa amin ay pag di daw napatunayan na binabayaran nila ng buwis ng xxx years ang affected portion ng lot ay wala silang bayad na makukuha. i guess your case is different dahil meron ka naman sigurong papeles to prove your ownership. just the same, as JM said just compensation nga lang ang mag prevail dito.

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[chronicle]

Does PAO entertain walk-ins for legal consulatation? And may bayad ba?

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[Juan Martinez]

Does PAO entertain walk-ins for legal consulatation? And may bayad ba?

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yes.
no.
but they entertain indigents

[Archerfish]

Annulment is a legal process to nullify a marriage which is voidable or considered valid until annulled. The grounds for annulment are enumerated by law and this enumeration is exclusive, thus:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the ...

I stumbled on this, and if I may have the liberty to ask, what is your take on this scenario:

The girl was under 18 years old when they got married. They lived together for more than 10 years. Now, is it possible​ for them to apply for annulment?

In relation to this, they would like to "correct" their date of marriage. I mean, they falsified their date of birth for them to be married. I don't know why they were in a hurry that time, by the way. What can be done so that their correct date of birth will be reflected on their marriage certificate?

How about the legal status of their children? Will they be deemed illegitimate because the date of birth of their parents are falsified?

[Juan Martinez]

The girl was under 18 years old when they got married. They lived together for more than 10 years. Now, is it possible​ for them to apply for annulment?

not by way of petition for annulment, but petition for declaration of nullity of marriage. the reason being that, one of the parties does not have the legal capacity to contract marriage. the marriage is void from the beginning in accordance with article 2, paragraph 1 and article 35, paragraph 1 of the family code

In relation to this, they would like to "correct" their date of marriage. I mean, they falsified their date of birth for them to be married. I don't know why they were in a hurry that time, by the way. What can be done so that their correct date of birth will be reflected on their marriage certificate?

he who goes to court and seeks relief must come with clean hands. they cannot profit from their mistakes. they are criminally liable for falsification.

How about the legal status of their children? Will they be deemed illegitimate because the date of birth of their parents are falsified?

as of now (because of their fictitious marriage), their children are legitimate on paper, but from the stand point of the law, they are illegitimate.

[benchman]

good to see you back jm

[Juan Martinez]

good to see you back jm

thank you bro. good day!