“My mission is to uphold the rule of law, protect human rights, and maintain the integrity of the judicial system.”
Home Office Address:
Purok Mahogany, Mahayahay, Digos City, Davao del Sur, Philippines 8002
Alternate Office:
Banzon Building, Corners Tirad Pass St., E. Jacinto St., Lapu-lapu St., Digos City, Davao del Sur, Philippines 8002
63 09691870675
No, he or she cannot charged you with monetary interest, if the agreement was only done verbally. The interest agreement must be expressly stipulated in writing for it to be valid and enforceable. Article 1956 of the New Civil Code of the Philippines provides that “no interest shall be due unless it has been expressly stipulated in writing.”
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No. Before properties of a decedent can be sold, the estate must be settled first by way of extra-judicial settlement assuming there was no will, no debts, all heirs are of legal age, or duly represented if minors, and all of the heirs are in agreement. This is in accordance with Section 1 of Rule 74 of the Revised Rules of Court. Otherwise, settlement of estate can go through court proceedings. Estate taxes and other related taxes will also need to be paid.
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No. A person cannot simply go to jail just because he or she owed money to someone. This is provided under Article lll, Section 20 of the 1987 Philippine Constitution. However, it is a different story if the money was obtained by way of criminal acts such as fraud, estafa, or bouncing checks. If any of these is committed, the offender could face criminal charges.
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No. You cannot remarry again right away. First, you will need to obtain a judicial recognition of foreign divorce through Philippine court (Racho vs. Tanaka, GR No. 199515). Second, the judgments affecting your civil status must be registered and annotated in the civil registry. This is provided under Act No. 3753 (Civil Register Law) and Article 407 of the New Civil Code of the Philippines.
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Your illegitimate child has the rights to: 1) use your surname or use the surname of his or her father if their filiation has been expressly recognized by the father through the birth certificate, or admission in a public document or private handwritten instrument; 2) be under your parental authority; 3) be entitled to support; 4) be entitled to his or her legitime which consists of one-half of the legitime of a legitimate child. These are provided under Article 176 of the Family Code, as amended by R.A. No. 9255.
You may contact me if you have further questions. I will be glad to help.
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