your legal problems here

[Archerfish]

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


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.

Thank you for taking your time to answer my questions, free of charge.
[emoji1]

If I may take the advantage, how are they going to correct it? Should they simply go to the local municipality where they filed it before or it is possible to do it anywhere? They are quite far from their province.

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.

This is somewhat scaring for the couple, the phrase "criminally liable for falsification". I don't know if I should let them know this or let the officer explain whom they'll see sooner or later.

[Juan Martinez]

If I may take the advantage, how are they going to correct it? Should they simply go to the local municipality where they filed it before or it is possible to do it anywhere? They are quite far from their province.

it is a little bit complicated really. are they still together?

a difficult case makes bad laws.

This is somewhat scaring for the couple, the phrase "criminally liable for falsification". I don't know if I should let them know this or let the officer explain whom they'll see sooner or later.

this anomaly is a skeleton in their closet that will haunt them forever.

[Archerfish]

it is a little bit complicated really. are they still together?

a difficult case makes bad laws.



this anomaly is a skeleton in their closet that will haunt them forever.

Yes, they are living together and really want to correct their "mistake". There's no way they are going to separate, but what if one of the parents decided to make a mess? I think that is the concern.

[Juan Martinez]

Yes, they are living together and really want to correct their "mistake". There's no way they are going to separate, but what if one of the parents decided to make a mess? I think that is the concern.

i'd been studying this really unique situation that you brought to the fore here, but the only thing that i could come up to remedy it is for them to come clean by nullifying that void marriage, and tie the knot again. it maybe impractical and cruel considering that they are still together, but their children will bear the brunt of it--- because under the law they are all illegitimate.

[compact]

Atty. JM, can it be a case of estafa by deceit if and when a house contractor pretended to be a legitimate contractor and an architect to secure a contract to build a house?

He was able to get 80 percent of the contract price but was able to finish only around 50 percent of work after which he failed to proceed anymore.

We already have a certificate to file action from the Baranggay after failing to fulfill his promise of paying the difference of the payment versus the finished work which is around 600 thousand pesos more or less.

[Juan Martinez]

Atty. JM, can it be a case of estafa by deceit if and when a house contractor pretended to be a legitimate contractor and an architect to secure a contract to build a house?

He was able to get 80 percent of the contract price but was able to finish only around 50 percent of work after which he failed to proceed anymore.

We already have a certificate to file action from the Baranggay after failing to fulfill his promise of paying the difference of the payment versus the finished work which is around 600 thousand pesos more or less.

this case is very familiar. or just a coincidence.

but before i answer your query, was there a misrepresentation on his part that he was an engineer or an architect (but in truth he is not)?

[compact]

this case is very familiar. or just a coincidence.

but before i answer your query, was there a misrepresentation on his part that he was an engineer or an architect (but in truth he is not)?

Yes there was misrepresentation, in fact we found out later from the Baranggay that we are not the only complainant with the same m.o.

One complainant in fact went to Tulfo and was featured already. Same M.O.

Can we go directly to a Fiscal to file a complaint?

[Juan Martinez]

Yes there was misrepresentation, in fact we found out later from the Baranggay that we are not the only complainant with the same m.o.

One complainant in fact went to Tulfo and was featured already. Same M.O.

Can we go directly to a Fiscal to file a complaint?

yes. file your complaint with the prosecutor's office. either estafa under article 315 or article 318 (other form of deceit) of the revised penal code.
also, file a criminal case against him for violation of section 29 of republic act no. 9266.

SECTION 29. Prohibition in the Practice of Architecture and Penal Clause. - Any person who shall practice or offer to practice architecture in the Philippines without being registered/licensed and who are not holders of temporary or special permits in accordance with the provisions of this Act, or any person presenting or attempting to use as his/her own the Certificate of Registration/Professional Identification Card or seal of another or temporary or special permit, or any person who shall give any false or forged evidence o any kind to the Board or to any member thereof in obtaining a Certificate of Registration/Professional Identification Card or temporary or special permit, or any person who shall falsely impersonate any registrant of like or different name, or any person who shall attempt to use a revoked or suspended Certificate of Registration/Professional Identification Card or cancelled special/temporary permit, OR ANY PERSON WHO SHALL USE IN CONNECTION WITH HIS/her NAME OR OTHERWISE ASSUME, USE OR ADVERTISE ANY TITLE OR DESCRIPTION TENDING TO CONVEY THE IMPRESSION THAT HE/she IS AN ARCHITECT WHEN HE/she IS NOT AN ARCHITECT, or any person whether Filipino or foreigner, who knowingly allows the use, adoption, implementation of plans, designs or specification made by any person, firm, partnership or company not duly licensed to engage in the practice of architecture, or any person who shall violate any of the provisions of this Act, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice, or any policy of the Board and the Commission, shall be guilty of misdemeanor and charged in court by the Commission and shall, upon conviction be sentenced to a FINE of not less than One hundred thousand pesos (P100,000.00) but not more than Five Million pesos (P5,000,000,00) or to suffer imprisonment for a period NOT LESS THAN SIX (6) MONTH OR NOT EXCEEDING SIX (6) YEARS, or both, at the discretion of the Court.

[compact]

yes. file your complaint with the prosecutor's office. either estafa under article 315 or article 318 (other form of deceit) of the revised penal code.
also, file a criminal case against him for violation of section 29 of republic act no. 9266.

Thanks a lot, Atty. JM. specially about sec. 29 of RA 9266, first time to hear about it.

[Juan Martinez]

Thanks a lot, Atty. JM. specially about sec. 29 of RA 9266, first time to hear about it.

no problem. just JM.

[Archerfish]

i'd been studying this really unique situation that you brought to the fore here, but the only thing that i could come up to remedy it is for them to come clean by nullifying that void marriage, and tie the knot again. it maybe impractical and cruel considering that they are still together, but their children will bear the brunt of it--- because under the law they are all illegitimate.

I hope you can spare me some of your time again. If the couple's decision is to go for the impractical and cruel road, where should they start?

Can you explain further about this, "their children will bear the brunt of it"? Won't they receive anything from their parents? I mean, the small property they worked for. Their children won't receive anything?

[Mguy]

How about land disputes? I found out that the land under my parent's name has been transferred dubiously to another individual given the deed of sale is dated years after my parent's death. Is this an easy trial or will it be a long disputed one?

[Ry_Tower]

How about land disputes? I found out that the land under my parent's name has been transferred dubiously to another individual given the deed of sale is dated years after my parent's death. Is this an easy trial or will it be a long disputed one?

If they are occupying the lot, then this may take time. They will obviously haggle till the last drop even when there is a ruling already. Esp if they have the resources for litigation or they have connection with politicians. Alam mo naman sa real life.

[Archerfish]

i wonder walang kasong criminal :what: dahil mababait mga taga tsikot? puro property. in other words, mga mayayaman MOSTLY taga tsikot
criminal law is my field kasi. wala bang kidnapping or illegal drugs or violation of the human security act?

If I may take the liberty again to ask, what could have happened in this scenario should there be a raid:

I was in the dormitory of my classmates and they decided to "burn methamphetamine". Surely, I will be part of the arrested guys, simply because I was there.

Now, how can I escape that predicament? I was there so that makes me part of the pot session. Let us just say that no one planted an evidence against me. I was only there, and that's it.

To explain myself, I was there because I needed to get my notebook and to study. I already knew that they were using drugs, but I didn't know that they'll do it in my presence.

Another thing, because I have a foreknowledge of their activity, does it make me liable?

I don't see any personal benefits from your answer, as this happened many years ago, but it might be useful to other members here who are or who might encounter a similar scenario.

[Ry_Tower]

If I may take the liberty again to ask, what could have happened in this scenario should there be a raid:

I was in the dormitory of my classmates and they decided to "burn methamphetamine". Surely, I will be part of the arrested guys, simply because I was there.

Now, how can I escape that predicament? I was there so that makes me part of the pot session. Let us just say that no one planted an evidence against me. I was only there, and that's it.

To explain myself, I was there because I needed to get my notebook and to study. I already knew that they were using drugs, but I didn't know that they'll do it in my presence.

Another thing, because I have a foreknowledge of their activity, does it make me liable?

I don't see any personal benefits from your answer, as this happened many years ago, but it might be useful to other members here who are or who might encounter a similar scenario.

Pass the drug test, all your friends there must testify that you did not take part in any of the acquisition, handling or usage of the prohibited drugs.

Absuwelto ka na tingin ko hehehe

[Archerfish]

Pass the drug test, all your friends there must testify that you did not take part in any of the acquisition, handling or usage of the prohibited drugs.

Absuwelto ka na tingin ko hehehe

That poses a problem, what if they want me inside? Perhaps a make up story, that I am about to try it but the police already came.

[Mguy]

If they are occupying the lot, then this may take time. They will obviously haggle till the last drop even when there is a ruling already. Esp if they have the resources for litigation or they have connection with politicians. Alam mo naman sa real life.

They are not. Got some docs showing dubious transfer of title to new owner. It seems to be easy but may take time. Is there any pro-bono lawyer that specializes in this. Once the lot has be sold legally, am willing to pay.

[ray_noel]

That poses a problem, what if they want me inside? Perhaps a make up story, that I am about to try it but the police already came.

It wil be on the investigators on who they believe...
Pag ganyan kasi ang pagkaka alam ko isa2 sila tatanongin about sa nangyari and about sa participation ng mga kasama dun sa lugar...

if hindi tugma yung mga sagot nila pwede ka ma abswelto, pero pag parehas sila ng sagot na kasabwat ka at pareho story nila, delikado...

And passing the drug test would help also para sa depensa mo... just my thoughts...

Waiting for atty JM response though... 🤣


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[Juan Martinez]

I hope you can spare me some of your time again. If the couple's decision is to go for the impractical and cruel road, where should they start?

file a petition for declaration of nullity of their void marriage. it is expensive. children conceived and born during that void marriage are illegitimate. then, marry again. children born during the subsequent valid marriage are legitimate.

Can you explain further about this, "their children will bear the brunt of it"? Won't they receive anything from their parents? I mean, the small property they worked for. Their children won't receive anything?

by law, illegitimate children shall receive only one-half by way of inheritance of what the legitimate children will receive.

now we have two sets of children of the same parents here who won't receive equal shares from the latter. that's unfair.

[Juan Martinez]

How about land disputes? I found out that the land under my parent's name has been transferred dubiously to another individual given the deed of sale is dated years after my parent's death. Is this an easy trial or will it be a long disputed one?

before you file for the recovery of the said land, file first a criminal case against those who are responsible for the "dubious" transfer. because your parents had long passed away when the deed of sale was executed, somebody must have falsified some documents. criminal case because the prospect of serving time in prison scares lots of people. this is your leverage against those who are responsible. they may return the property without you filing a civil case which is protracted and costly.
secondly, you go after the lawyer who notarized the deed of sale. notary public must ascertain the identity of the persons who came before them for notarization. many lawyers were disciplined or even disbarred by the supreme court who notarized or was a party to a bogus document.

i suggest that you negotiate with the lawyer/notary public that notarized the deed of sale to help you recover your property in exchange of you not filing a disbarment proceeding against him.

if all else fail, then you go to the more tedious process of recovering your property in a civil case.