Documentos de Académico
Documentos de Profesional
Documentos de Cultura
3.
The laws of the Philippines will not apply with respect to property located
outside the Philippines, whether the pre-nuptial agreement is entered into in the
Philippines or in the country where the property is located. Article 16 of the Civil Code
provides: Real property as well as personal property is subject to the law of the
country where it is situated. Simply stated, the location of the property determines
the jurisdiction to be applied as to the extrinsic and intrinsic validity of the contract.
4.
If the property relations between H and W are governed by Absolute
Community of Property, the inheritance received by H is his exclusive property as
well as the fruits and income from that inheritance. However, if the property relations
between H and W are governed by Conjugal Partnership of Gains, only the inherited
properties are considered the exclusive property of H. The fruits and income of such
inherited property or any exclusive property of H shall be conjugal partnership
property.
10.
Pursuant to Sec. 17, R.A. 8552, the adoptee shall be considered the legitimate
son/daughter of the adopter(s) for all intents and purposes and as such is entitled to
all the rights and obligations provided by law to legitimate sons/daughters born to
them without discrimination of any kind.
13.
Under Art. 153 of the FC, from the time of the constitution and so long as any
of the beneficiaries of the family home actually resides therein, the family home is
exempt from execution, forced sale or attachment except as provided for in Art. 155
of the FC, and not to the extent of the value allowed by the law.
Hence, under Art. 155 of the FC, while the family home shall be exempt from
execution, forced sale or attachment, it may not be so exempt for non-payment of
taxes, debts incurred prior to the constitution of the family home, debts secured by
mortgages on the premises before or after such constitution and debts due to
laborers, mechanics, architects, builders, materialmen and other who have rendered
service or furnished material for the construction of the building.
Moreover, Art. 157 of the FC allows the exemption of the family home from
execution, forced sale or attachment, if its actual value does not exceed at the time
of its constitution, the amount of P300,000 in urban areas and P200,000 in rural
areas.
19.
A.
A document notarized by a member of the IBP who has no authority to
practice notarization may be nullified and it will have no force and effect.
B.
There is a presumption of regularity as to the notarized document. The
Panfilo and Elena merely relied on the representation as well the competent authority
of the Notary Public. Hence, the Deed of Donation shall be considered valid.
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John built a house on his lot in after two years, a survey showedthat a portion of the
house actually stood on the neighboring land of dennis to the extent of 100 square
meters. Dennis claims that john is a builder in bad faith because he should know the
boundaries of his lot, and now Dennis makes a demand that the portion of the house
which encroached on his land should be destroyed or removed. John built a house on
his lot in after two years, a survey showedthat a portion of the house actually stood
on the neighboring land of dennis to the extent of 100 square meters. Dennis claims
that john is a builder in bad faith because he should know the boundaries of his lot,
and now Dennis makes a demand that the portion of the house which encroached on
his land should be destroyed or removed. John built a house on his lot in after two
years, a survey showedthat a portion of the house actually stood on the neighboring
land of dennis to the extent of 100 square meters. Dennis claims that john is a
builder in bad faith because he should know the boundaries of his lot, and now
Dennis makes a demand that the portion of the house which encroached on his land
should be destroyed or removed. John built a house on his lot in after two years, a
survey showedthat a portion of the house actually stood on the neighboring land of
dennis to the extent of 100 square meters. Dennis claims that john is a builder in bad
faith because he should know the boundaries of his lot, and now Dennis makes a
demand that the portion of the house which encroached on his land should be
destroyed or removed. John built a house on his lot in after two years, a survey
showedthat a portion of the house actually stood on the neighboring land of dennis to
the extent of 100 square meters. Dennis claims that john is a builder in bad faith
because he should know the boundaries of his lot, and now Dennis makes a demand
that the portion of the house which encroached on his land should be destroyed or
removed. John built a house on his lot in after two years, a survey showedthat a
portion of the house actually stood on the neighboring land of dennis to the extent of
100 square meters. Dennis claims that john is a builder in bad faith because he
should know the boundaries of his lot, and now Dennis makes a demand that the
portion of the house which encroached on his land should be destroyed or removed.
John built a house on his lot in after two years, a survey showedthat a portion of the
house actually stood on the neighboring land of dennis to the extent of 100 square
meters. Dennis claims that john is a builder in bad faith because he should know the
boundaries of his lot, and now Dennis makes a demand that the portion of the house
which encroached on his land should be destroyed or removed. John built a house on
his lot in after two years, a survey showedthat a portion of the house actually stood
on the neighboring land of dennis to the extent of 100 square meters. Dennis claims
that john is a builder in bad faith because he should know the boundaries of his lot,
and now Dennis makes a demand that the portion of the house which encroached on
his land should be destroyed or removed. John built a house on his lot in after two
years, a survey showedthat a portion of the house actually stood on the neighboring
land of dennis to the extent of 100 square meters. Dennis claims that john is a
builder in bad faith because he should know the boundaries of his lot, and now
Dennis makes a demand that the portion of the house which encroached on his land
should be destroyed or removed. John built a house on his lot in after two years, a
survey showedthat a portion of the house actually stood on the neighboring land of
dennis to the extent of 100 square meters. Dennis claims that john is a builder in bad
faith because he should know the boundaries of his lot, and now Dennis makes a
demand that the portion of the house which encroached on his land should be
destroyed or removed. John built a house on his lot in after two years, a survey
showedthat a portion of the house actually stood on the neighboring land of dennis to
the extent of 100 square meters. Dennis claims that john is a builder in bad faith
because he should know the boundaries of his lot, and now Dennis makes a demand
that the portion of the house which encroached on his land should be destroyed or
removed.