your legal problems here

[ashieg]

Is it possible for a parent to transfer ownership of land to a married daughter with a clause that son in law cannot claim it when the daughter dies? What is the process for this?

Thanks in advance!


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[_Cathy_]

Is it possible for a parent to transfer ownership of land to a married daughter with a clause that son in law cannot claim it when the daughter dies? What is the process for this?

Thanks in advance!


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This is what my Mom would like the answer to also hahaha

[Juan Martinez]

Is it possible for a parent to transfer ownership of land to a married daughter with a clause that son in law cannot claim it when the daughter dies?

no need for that clause for the law itself recognizes that property acquired by gratuitous title by each spouse during the marriage is a separate and exclusive property of the recipient. thus, articles 109 and 110 of the family code provide:

Art. 109.The following shall be the exclusive property of each spouse:

(1) That which is brought to the marriage as his or her own;

(2) That which each acquires during the marriage by gratuitous title;

(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and

(4) That which is purchased with exclusive money of the wife or of the husband. (148a)

Art. 110.The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.
xxx

What is the process for this?

take note of the term "gratuitous title" under paragraph (2) of article 109. it refers to a transmission wherein the recipient gives nothing in return such as donation and succession.
so, in your case, the transfer should be done through deed of donation.

[ashieg]

no need for that clause for the law itself recognizes that property acquired by gratuitous title by each spouse during the marriage is a separate and exclusive property of the recipient. thus, articles 109 and 110 of the family code provide:



take note of the term "gratuitous title" under paragraph (2) of article 109. it refers to a transmission wherein the recipient gives nothing in return such as donation and succession.
so, in your case, the transfer should be done through deed of donation.

Thank you so much for this information! ☺[emoji106]


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[Juan Martinez]

Thanks for your insights sir.

Thank you so much for this information! ☺[emoji106]


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you're welcome.

[princessj]

Thank you so much for this information! ☺[emoji106]


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(mods, i'm not sure whether a thread like this is already existing, if it is please point me to the right direction, or if it is not allowed, by all means delete or close this thread. thank you.)

i have been in the legal profession long enough to acquire the experience, skills, and practical know-how in the intricacies of the law to give advice on legal matters that i may deem i have the competence to render. so to those tsikoteers (not trollers) who have friends who are in dire need of a legal advice post it here and I'll oblige to respond to the best of my ability. anything connected with criminal law i think i am competent and a little about civil law especially in the fields of persons and family relations, property, and succession. commercial or mercantile, labor, and tax laws i don't profess i have the competence nay the expertise. my only intention here is to help and to share to this community the things that i learned through the years. lawyers of this forum your inputs, comments, and views (or constructive criticism) are very much welcome. thank you.

new member here. pwede ba dito ang questions for leagl concern like car pawning? if not, please redirect me to correct thread or group. Thank you

[grey06]

Goodmorning mga katsikot. Di ko alam kung tama thread pagtanungan ko. Need ko advice. Problem between our car na binayaran namin fee for a special plate. 1yr and a half na un kotse nun sinabi nila di na mailalabas un plate but last year lang sabi ng ahente naaprubahan na un gusto kong plate. May mga convo kami sa cell na sinabi nila may lalabas na akong special plate.
Pero before that nagtext si ahente na lumabas na plaka ko and nagulat ako kasi ordinary plate. Nun sinabi ko na nka special plate request ako ang sagot lang "ill get back to you on that".. tapos yun na. Kesyo naaprubahan na daw un special plate ko. Na antay lang daw delivery.. tapos bigla sabihin di na daw mailalabas un special plate and refund na lang daw un binayad ko. sa maikli salita pinaasa ako.. may habol bako sa mga to? Salamat mga dude sa mkakapag advice.

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[_Qwerty_]

once na issue-han na nang regular plate yan, hindi na mahahabol yan..

malamang yan hindi nakita yung application mo.. just get the refund.

Goodmorning mga katsikot. Di ko alam kung tama thread pagtanungan ko. Need ko advice. Problem between our car na binayaran namin fee for a special plate. 1yr and a half na un kotse nun sinabi nila di na mailalabas un plate but last year lang sabi ng ahente naaprubahan na un gusto kong plate. May mga convo kami sa cell na sinabi nila may lalabas na akong special plate.
Pero before that nagtext si ahente na lumabas na plaka ko and nagulat ako kasi ordinary plate. Nun sinabi ko na nka special plate request ako ang sagot lang "ill get back to you on that".. tapos yun na. Kesyo naaprubahan na daw un special plate ko. Na antay lang daw delivery.. tapos bigla sabihin di na daw mailalabas un special plate and refund na lang daw un binayad ko. sa maikli salita pinaasa ako.. may habol bako sa mga to? Salamat mga dude sa mkakapag advice.

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[Altis6453]

Goodmorning mga katsikot. Di ko alam kung tama thread pagtanungan ko. Need ko advice. Problem between our car na binayaran namin fee for a special plate. 1yr and a half na un kotse nun sinabi nila di na mailalabas un plate but last year lang sabi ng ahente naaprubahan na un gusto kong plate. May mga convo kami sa cell na sinabi nila may lalabas na akong special plate.
Pero before that nagtext si ahente na lumabas na plaka ko and nagulat ako kasi ordinary plate. Nun sinabi ko na nka special plate request ako ang sagot lang "ill get back to you on that".. tapos yun na. Kesyo naaprubahan na daw un special plate ko. Na antay lang daw delivery.. tapos bigla sabihin di na daw mailalabas un special plate and refund na lang daw un binayad ko. sa maikli salita pinaasa ako.. may habol bako sa mga to? Salamat mga dude sa mkakapag advice.

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Technically its estafa. But, JM specializes in criminal law so I'd defer to his opinion.

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[Juan Martinez]

Goodmorning mga katsikot. Di ko alam kung tama thread pagtanungan ko. Need ko advice. Problem between our car na binayaran namin fee for a special plate. 1yr and a half na un kotse nun sinabi nila di na mailalabas un plate but last year lang sabi ng ahente naaprubahan na un gusto kong plate. May mga convo kami sa cell na sinabi nila may lalabas na akong special plate.
Pero before that nagtext si ahente na lumabas na plaka ko and nagulat ako kasi ordinary plate. Nun sinabi ko na nka special plate request ako ang sagot lang "ill get back to you on that".. tapos yun na. Kesyo naaprubahan na daw un special plate ko. Na antay lang daw delivery.. tapos bigla sabihin di na daw mailalabas un special plate and refund na lang daw un binayad ko. sa maikli salita pinaasa ako.. may habol bako sa mga to? Salamat mga dude sa mkakapag advice.

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Technically its estafa. But, JM specializes in criminal law so I'd defer to his opinion.

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i agree with bro altis6453. it may not fall strictly under article 315 of the revised penal code on estafa, but, indubitably, article 318 on "other deceits" will apply. according to the sc, article 318 is a catch-all provision that practically covers all forms of deceit or misrepresentation foisted by estafadors to the damage and prejudice of unsuspecting members of society.

Article 318. Other deceits. - The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter.
Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in any other similar manner, shall suffer the penalty of arresto mayor or a fine not exceeding 200 pesos.

[grey06]

Bakit nila kelangan lokohin mga bumili sa kanila ng car db. Sana sinabi na lang agad na di naasikaso un plaka. We have reciepts and convo sa cell. Nag iisip kami mag file ng reklamo. It doesnt matter kahit matagal. Pasok sa consumer act ginawa nila e. Lalo un ahente. Nagsinungaling sila pati un gen sales manager.
Meron bang nkaranas na ng ganito case dito mga sir? Salamat po ulit.

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[grey06]

I bought this car para sa special plate. Ive waited for this car ilabas dito sa pinas and have it on special plate para iwas sa doble color coding na din. Nkakaasar kasi patin ordinary plate na lumabas ay 2. Lunes nanaman e may 1 na kami. But main point is niloko kami ng pagkatagal tagal.
Gusto ko sana ibalik na lang un unit and get another unit from another dealer. Malabo na ba? Salamat po ulit

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[Juan Martinez]

Gusto ko sana ibalik na lang un unit and get another unit from another dealer. Malabo na ba? Salamat po ulit

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unless you made it as a condition and you made it known at the outset to the dealer that you would not buy the car you bought from them had it not for that special plate you pined for, i don't think you can rescind the contract of sale you entered into with them.

[Juan Martinez]

After 56 years as lawyer, Cebuano no longer wants to be called ‘attorney’

February 26, 2017 05:05am
CEBU CITY---Lawyer Dionisio Cañete's statement of protest against widespread corruption in the judiciary and the prosecution service had to have an impact on where it mattered---himself.

Cañete had petitioned the Supreme Court to be stripped of the title "attorney" that he said had brought shame because of widespread corruption perpetrated by his brothers in the legal profession.

Cañete, in his petition to the high court, said he could no longer tolerate "unspeakable injustices" that had been committed in courts and the prosecution service because of corruption.

On Jan. 31, the high court, in a notice issued by the clerk of court, granted his petition and stripped Cañete of the title attorney which he had had for 56 years.

Cañete, 78, expressed elation upon receiving a copy of the high court notice on Wednesday.

Form of protest

He said he hoped his departure from the legal profession as a form of protest could lead to reforms that would reduce, if not remove, corruption in the judiciary and prosecution service.

"I have no regrets," he said. He said he is, in fact, happy. "I will not be in the same association with corrupt prosecutors and judges."

He said lawyers were aware of corruption in the legal system but chose to remain silent.

Cañete cited the case of a lawyer, who he did not identify, who lost a case because the opposing party had all the money to "buy" the prosecutor or the judge.

He petitioned to be removed as an attorney because of his "utter disappointment" at corruption being perpetrated by "my brothers in the legal profession who are members of the prosecution and judiciary."

Cañete passed the bar exams in 1960 and became a member of the Integrated Bar of the Philippines (IBP) the next year.

In 1981, he was elected vice president of the IBP Cebu Province Chapter. The following year, he became its president.

Extremely disappointed

He is currently the chair-emeritus of the World Eskrima Kali Arnis Federation.

Cañete said he was extremely disappointed when nine of the 10 cases he filed at the prosecutor's office from 2014 to 2016 were "maliciously dismissed" despite strong evidence.

Three of the nine dismissed cases were overturned by the regional state prosecutor. When he returned to the prosecutor's office, Cañete said the records of the cases could no longer be found.

Corruption of prosecutors and judges, he said, convinced him that the criminal justice system in the Philippines is "like a spider's web, wherein only the mosquitoes and flies are caught but the wealthy and government officials" are not.

"With all those cruel and brutal injustices heaped on me, I feel that being a lawyer does not anymore deserve respect and courtesy," he said.

"There is no more logical and cogent reason for me to remain as a lawyer," he added.

[kagalingan]

Corporal mart,

Pag frustrated murder ilan year hihimas ng rehas?

Nabasa mo na yung pamangkin nung allegedly cebu drug lord na namaril?

[_Cathy_]

What are the implications if I agree to be a "co-borrower"?

My kuya called me today and is requesting me to be a co-borrower for a property he bought in Tagaytay. The property is under the name of her sister (BTW my kuya is my first cousin who is like a real brother to me). He can't put it under his name because he does not want his ex-wife (still technically married) to go after the property. We are only 2 persons employed in our family but he is closer to me and I think because I have a higher salary than my other cousin.

My problem is I might leave for Europe or US anytime for work. Also, my Kuya's family still has a case in the SC and I think the other family could run after their properties pa.

I'm worried that it might affect our properties or what happens if they default in payment? It might affect my credit history ba?

Help please. I want to be a good "sister" to her but I really cannot afford to have any issues in my finances right now.

[cast_no_shadow]

What are the implications if I agree to be a "co-borrower"?

My kuya called me today and is requesting me to be a co-borrower for a property he bought in Tagaytay. The property is under the name of her sister (BTW my kuya is my first cousin who is like a real brother to me). He can't put it under his name because he does not want his ex-wife (still technically married) to go after the property. We are only 2 persons employed in our family but he is closer to me and I think because I have a higher salary than my other cousin.

My problem is I might leave for Europe or US anytime for work. Also, my Kuya's family still has a case in the SC and I think the other family could run after their properties pa.

I'm worried that it might affect our properties or what happens if they default in payment? It might affect my credit history ba?

Help please. I want to be a good "sister" to her but I really cannot afford to have any issues in my finances right now.

How come he is asking you to be his co-borrower pero ayaw niya ipangalan property sa kanya?

If you will be the co-borrower, siya dapat ang principal borrower.

If it will be under your name like you said, no shade of anything will reflect na kasama siya sa loan.

Pero if he still is the principal borrower I assume it will be financed by a bank loan.

Bank will require your cousin to provide a CENOMAR proof na he is single

since iwas pusoy din ang bank in case he will be declaring himself as a single dude then here comes the wife coming for the property.


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[_Cathy_]

How come he is asking you to be his co-borrower pero ayaw niya ipangalan property sa kanya?

If you will be the co-borrower, siya dapat ang principal borrower.

If it will be under your name like you said, no shade of anything will reflect na kasama siya sa loan.

Pero if he still is the principal borrower I assume it will be financed by a bank loan.

Bank will require your cousin to provide a CENOMAR proof na he is single

since iwas pusoy din ang bank in case he will be declaring himself as a single dude then here comes the wife coming for the property.


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Ayaw niya ipangalan na kanya kasi baka habulin ng ex wife. It is under her sister's name. I would assume her sister in the principal borrower? Ang nagtataka ako e wala naman work yung sister niya so paano ma approve for loan yun? At ano ang purpose ko as co borrower?

[Jiggs]

To all Legal Practicioner....pls bear with my queries.

I live in a private village and just like most of private village here in the province there is a Tricycle Service that ply around the village. The Tricycle terminal is originally situated near the entrance of the Village and safely parked in a vacant lot. Now here comes the change the owner of the Lot will now build a building for Commercial purpose and the tricycle terminal now was asked to find a new terminal. My house is near the entrance/ main road of the village and the TODA boys are now parked infront of our fence/lwalkway and were told that they were allowed to park there by our Home owners President. Question now is what is my Legal rights to ask the TODA boys to leave the space ( Infront of my house ) Who has the prerogative to use that sidewalk is it the owner of affected house or the TODA boys awarded by our Home owners Pres?...Does the Home owners Pres. can just mandate to just decide it alone?..Bdway he's a lawyer too...tsk..tsk. My opinion is a walkway/road is a shared resource for all the village residents but putting a Tricycle terminal in front of your residence is not also proper di ba? Can I sue our Home owners Pres? Eh kung sa harap kaya ng bahay nya ilagay yun terminal ano kaya mafeel nya..I paid a lot of premium for that village kaso wala din pala...Pls. advice what is my Legal course for this..

[Juan Martinez]

What are the implications if I agree to be a "co-borrower"?

the answer or question boils down as to the nature of the contract that you're going to sign as a "co-borrower."

if you're a surety and the principal debtor WON'T pay for one reason or another, then the bank can go after you as the surety or the bank may go straight to you as a solidary debtor.

but if you're a guarantor, then you have this right of excussion, meaning, the bank can go after you only if, after exhausting all the other assets of the principal debtor, the latter still has outstanding obligation.

so, to be sure, you need to ask the bank if you're signing up as a guaranty or a surety.