8282, also known as the New Social Security Law of 2018, Salient Features of Republic Act No. 7699 or The Portability Law as a Remedy of an Employee Who is Not Qualified for Benefits under the SSS Law or GSIS Law, REQUIREMENT TO UNDERGO A MEDICAL EXAMINATION: A MANAGEMENT PREROGATIVE, Retrenchment and Redundancy What You Need to Know to Avoid Getting Sued, Retrenchment or downsizing, when done right, REVISED GUIDELINES ON THE ENGAGEMENT OF CHILDREN 15 TO BELOW 18 YEARS OF AGE IN PUBLIC ENTERTAINMENT DURING COMMUNITY QUARANTINE, REVOCATION OF THE CERTIFICATE OF EXEMPTION UNDER RA11210 or “105 – DAY EXPANDED MATERNITY LEAVE LAW”, Riding the TRAIN, and how it affects Philippine taxation, Right to Privacy during COVID-19 Pandemic, RIGHTS OF FORMER NATURAL BORN FILIPINOS TO ENGAGE IN RETAIL TRADE, RIGHTS OF STOCKHOLDERS IN A DISSOLVED CORPORATION, RIGHTS OF THE DATA SUBJECT UNDER THE DATA PRIVACY ACT, RIGHTS OF WORKERS UNDER REPUBLIC ACT NO. Catching the TRAIN through Tax Amnesty Act: An Overview of Republic Act No. WHO MAY BE EXEMPTED FROM PAYING THE SALARY DIFFERENTIAL OF FEMALE EMPLOYEE WHO AVAILED OF MATERNITY LEAVE. She is only No. (1396). 8792) in Business, DEED OF SALE OF REAL PROPERTY IN A PUBLIC INSTRUMENT, Department of Budget and Management Issuances, Department of Information and Communications Technology Issuances, Department of Public Works and Highways Issuances, Department of Social Welfare and Development Issuances, Department of the Interior and Local Government Issuances, DIFFERENT TYPES OF EMPLOYMENT IN THE PHILIPPINES, DIRECT AND INDIRECT CONTRIBUTORS UNDER THE UNIVERSAL HEALTH CARE ACT, Dismissal due to gross and habitual neglect of duty, Disregarding Company Rules and Regulations: A Ground for Termination, Distinguishing Contract of Sale from Contract to Sell, Distribution of Assets in Nonstock Corporation Undergoing the Process of Dissolution. 201061, July 3, 2013, CARPIO, J. Property Regime in Void Marriages Details Category: Persons and Family Relations. 0605 FOR EXCISE TAX PURPOSE, Stealing Co-Employee’s Personal Belongings: A Just Cause for Dismissal, STRENGTHENING EMPLOYER’S CLAIM THAT THERE IS NO EMPLOYER- EMPLOYEE RELATIONSHIP, Stricter Guidelines for Motorists: An Overview of Republic Act No. under the Article 148 of the Family Code, which refers to the property regime of bigamous or polygamous marriages, adulterous or concubinage relationships. 209]. property regimes of marriage 1. Another option, complete separation of property, means all assets will remain separate throughout the marriage and in the event of a separation. (1395). At the end of the marriage, each spouse is free to accept or refuse the division of the property. Family Code of the Philippines [Executive Order No. Can Employees Be Compelled To Render Overtime Work? WHO SHOULD OWN PROPERTIES BOUGHT ON INSTALLMENTS BASIS, PAID PARTLY FROM EXCLUSIVE FUNDS OF EITHER SPOUSES AND PARTLY FROM CONJUGAL FUNDS? Contributions in the form of care of the home, children, and household or spiritual or moral inspiration are excluded in this regime. If you and your spouse married before July 1, 1970 and have not signed a marriage contract since, your matrimonial regime is community of property, which was the default option in effect up to that date. When same-sex couples get married in terms of the Civil Union Act, the same principles will apply to the dissolution of their marriage as if they were married under the Marriage Act, and divorced. The separate property regime is governed by Articles 1536 to 1541 of the Civil Code. MAY AGENCY CONTINUE EVEN AFTER THE DEATH OF THE PRINCIPAL? WHAT IS THE LIABILITY OF THE PRINCIPAL IF AN AGENT ACTED IN GOOD FAITH OR BAD FAITH? CAN THE EMPLOYEES SUE FOR THE DIFFERENCE IN AMOUNT OF WAGES? How foreign corporations can do business in the Philippines. Fernandez (G.R. HOW DO YOU EXTINGUISH CONTRACT OF AGENCY? 11222: The Twin Remedy of Adoption and Rectification, SSS Benefits Available To Employees During The Covid19 Pandemic, STANDARD POLICY FOR THE USE OF BIR FORM NO. WHO BEARS THE RISK OF LOSS IN A CONTRACT OF SALE? Your email address will not be published. But let us focus on your case. FC, Articles 147 and 148). There are several types of community property systems. In bigamous marriages, adulterous relationships, relationship in a state of concubine, relationships where both man and woman are married to other persons, multiple alliances of the same married man, or when common-law spouses suffer from a legal impediment to marry or when they do not live exclusively with each other, only the properties acquired by both of the parties through their actual joint contributions of money, property or industry shall be owned by them in common in proportion to their respective contributions. Art. No. If a same-sex couple does not marry or register their union in terms of the Civil Union Act, the termination of their relationship will be the same as couples who are in cohabitation relationships. Marriage implies making commitments to each other. *This applies in cases where the parties in unions are incapacitated to marry each other. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207. IS EMPLOYING A FOREIGN NATIONAL A MANAGEMENT PREROGATIVE? If you and your spouse have not signed a marriage contract or civil union contract, your property will be governed by the default legal regime in Québec, which is partnership of acquests.. The Property Regime of Unions Without Marriage applies to two kinds of couples living together without being married: Those who are legally capable of getting married, and; Those who cannot legally get married because of some legal impediment or incapacity of either or both of them; Although these two are governed by the same property regime, there are different rules for each one of them. Who are the Beneficial Owners of the Corporation? Your email address will not be published. Without Ante- Nuptial Agreement, What Property Regime Will Govern the Assets of Future Spouses? The Total Separation of Property Regime will apply also to unions without the benefit of marriage or under a VOID marriage, which presently divides ownership of … Property Regime of Unions Without Marriage Art. THE STRUCTURE OF THE PROPERTY RELATIONSHIP UNDER ARTICLE 147 IS AS FOLLOWS: This preview shows page 194 - 197 out of 242 pages.. eventual liquidation of the conjugal assets. WHEN IS AN INTENDED CORPORATE NAME REGISTRABLE? There are differences between unions where the parties are capacitated to marry each other (Article … MAY A DIRECTOR OF A STOCK CORPORATION BE REMOVED FROM OFFICE? The same rule and presumption shall apply to joint deposits of money and evidence of credit. WHO ARE CONSIDERED HEIRS UNDER THE LAW (PART II), WHO ARE CONSIDERED HEIRS UNDER THE LAW? 11058 OR OTHERWISE KNOWN AS OCCUPATIONAL SAFETY AND HEALTH STANDARDS LAW, Duty of loyalty by the corporate directors, DUTY OF RECIPIENT OF FRUITS TO REIMBURSE NECESSARY EXPENSES, EFFECT OF DESTRUCTION OF THING LEASED BY FORTUITOUS EVENT, Effective Collection of Debts Without a Lawyer under the “New Normal”, Ejectment of unlawful occupant from leased premises, Employer’s Guide on the Minimum Terms and Conditions of Employment, ENGAGEMENT TO WORK: ENGAGED TO WAIT OR WAITING TO BE ENGAGED, Ensuring Child’s Safety and Protection on Board a Vehicle through the Enactment of Republic Act No. Employers Confederation of the Philippines, https://www.toonpool.com/user/587/files/mistress_975205.jpg, PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE (Part I), “Must have” employment contracts during hiring process, “No employer-employee relationship” as defense in labor cases, “Action Speaks Louder than Voice”: Acts of Employer Constituting Dismissal, “Anything Under the Sun” Ground for Termination of Employment, “No sale, No More Work?”: A Brief Discussion on Employee’s Gross Neglect of Duties, 4 Things to know about warranty against hidden defects, 6 ‘sensei’ share marketing lessons by Josiah Go (via Philippine Daily Inquirer), A Brief Discussion on Badges of Regularization, A Guide to Starting a Micro Business in the Philippines, A Jumpstart on Your Job Hunt: An Overview of Republic Act No. IS A PART-TIME WORKER ENTITLED TO A HOLIDAY PAY? It refers to the property regime of bigamous marriages, adulterous relationships in state of concubinage, relationships where both man and woman are married to other persons. Si les conjoints choisissent d’officialiser leur union, ils peuvent opter pour le régime par défaut ou déroger de celui‑ci, auquel cas ils établissent un contrat, devant notaire5. 11213, otherwise known as the Tax Amnesty Act of 2018, CAUSES FOR EXTINGUISHMENT OF THE EASEMENT OF RIGHT OF WAY, CERTIFICATE OF AUTHENTICATION IN LIEU OF NOTARIZATION OF ARTICLES OF INCORPORATION, CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT, Commission on Audit and Department of Budget and Management Issuances, Compensation on holidays and non-working days, COMPLETE SEPARATION OF PROPERTY DURING MARRIAGE, COMPULSORY RETIREMENT AGE FOR EMPLOYEES IN THE PRIVATE SECTOR, CONCEPT OF INCONTESTABILITY CLAUSE UNDER LIFE INSURANCE, CONDOMINIUM OWNERS’ RIGHTS AND OBLIGATIONS, CONTINUING ANIMOSITY AS A GROUND FOR TERMINATING A USUFRUCT, CONTRACTUAL OBLIGATIONS OF BUSINESSES DURING COVID-19, Corporation as Business Structure: Most Preferred for Your Growing Enterprise, CORRECTION OF ENTRY IN THE CERTIFICATE OF LIVE BIRTH WITHOUT FILING A CASE IN COURT. 148. Note that forfeiture shall be applicable even if both parties are in bad faith. COUNT YOUR BLESSINGS: COMPUTE YOUR HOLIDAY PAY! MAY COMMON AREAS OF A CONDOMINIUM PROJECT BE ALTERED? MAY YOU RELY ON FUTURE INHERITANCE TO SECURE A LOAN? TITLE IV PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE Chapter 7. THE NATIVE ADMINISTRATION PROCLAMATION 15 OF 1928 According to section 17(6) of the Native Administration Proclamation: A marriage between Natives, contracted after the commencement of this Proclamation, shall not … MAY A SHAREHOLDER PUT AN ITEM ON THE AGENDA FOR STOCKHOLDERS’ MEETINGS? WHAT IS THE EFFECT ON THE CONTRACT WHEN THE THING SOLD HAS BEEN LOST? Required fields are marked *, Indicate your email, click subscribe and receive legal advisories by email. The following provisions of the New Civil Code shall apply in these respective cases: Art. Maria, M. (2010). CAN AN EMPLOYEE CONTRACTUALLY WAIVE HIS RIGHT TO OVERTIME PAY? Others decide on separate ownership of property or community property. WHAT IS COMPULSORY THIRD PARTY LIABILITY INSURANCE? Yee cannot claim the benefits earned by the SPO4 as a police officer as her marriage to the deceased is void due to bigamy. 1. No. What you need to know about employing Night Workers, What you need to know about the Bank Secrecy Law, WHAT YOU NEED TO KNOW IN A CONTRACT OF PARTNERSHIP, What you should know about demotion of employees, What you should know about engaging in recruitment business, What you should know about filing of collection case, What you should know about the State Insurance Fund, When business owners could be held liable for damages. Persons and Family Relations Law. This means their possessions prior to their marriage remain theirs, but the properties they produce or acquire during their marriage will be shared equally by both couples. MAY AN EMPLOYER BE EXEMPTED FROM COMPLIANCE WITH A WAGE ORDER? in the co-ownership shall accrue to the ACP or CPG existing in the marriage. Quezon City: Rex Printing Company, Inc. Sta. 147. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter. If the spouses did not agree on a specific property regime in a pre-nup before they were married, Philippine law has determined “defaults” as to which property regime governs their marriage in absence of a pre-nup. 137650, 12 April 2000), the Supreme Court, through Justice Panganiban, had the occasion to rule that: Under Article 148 of the Family Code, a man and a woman who are not legally capacitated to marry each other, but who nonetheless live together conjugally, may be deemed co-owners of a property acquired during the cohabitation only upon proof that each made an actual … The answer is “YES!”. 11210 or the “105-Day Expanded Maternity Leave Law”, GENERAL PRINCIPLES FOR DATA SHARING UNDER THE DATA PRIVACY ACT, GENERAL PRINCIPLES IN COLLECTION, PROCESSING AND RETENTION OF DATA UNDER THE DATA PRIVACY ACT, Government Procurement Policy Board Technical Support Office Issuances, Grace Period for Residential and Commercial Rents for MSMEs, GRANDFATHER RULE: WHEN THE 60-40 FILIPINO – FOREIGN EQUITY IS IN DOUBT, GROSS INEFFICIENCY AS A JUST CAUSE FOR TERMINATION OF EMPLOYMENT, GROUNDS FOR CHANGING FIRST NAME OR NICKNAME, GUIDELINES FOR TECHNICAL SECURITY MEASURES UNDER DATA PRIVACY ACT, GUIDELINES FOR THE PREVENTION OF PERSONAL DATA BREACH, GUIDELINES ON THE COMPUTATION OF SALARY DIFFERENTIAL OF FEMALE WORKERS DURING HER MATERNITY LEAVE, GUIDELINES ON THE PAYMENT OF FINAL PAY AND ISSUANCE OF CERTIFICATE OF EMPLOYMENT, GUIDELINES ON THE VERIFICATION OF THE QUALIFICATIONS OF PRIVATE HEALTH WORKERS AND/OR THEIR BENEFICIARIES ON THE GRANT OF COMPENSATION, HABITUAL TARDINESS AS A GROUND FOR DISMISSAL, HAVING YOUR OWN CORPORATION: Qualifications, Rights and Responsibilities of Directors and Officers, HEREDITARY RIGHTS OF AN ILLEGITIMATE CHILD, HEREDITARY RIGHTS OF COLLATERAL RELATIVES, HIGHLIGHTS OF THE GUIDELINES FOR AREAS PLACED UNDER GENERAL COMMUNITY QUARANTINE (GCQ), HIGHLIGHTS OF THE GUIDELINES FOR AREAS PLACED UNDER MODIFIED ENHANCED COMMUNITY QUARANTINE. Wages and salaries earned by each party belong to him or her respectively. What Every Employer Must Know About Wages, Wage Order and Fixing of Wage Distortion. Your email address will not be published. This is called the absolute community of property. WHAT SHOULD BE INCLUDED IN THE FRANCHISING AGREEMENT, What the anti-age discrimination law means for employers. SIGNIFICANCE OF KNOWING WHETHER YOU ARE CONSIDERED A “SOLO PARENT” UNDER RA 8972, Simulated Birth Act or Republic Act No. The 3.3% of couples covered by this settlement more generally select it when there is a change in regime following a long period together without children. Can an Employer Require His Employee to Work on His Rest Day? DIÑO V. DIÑO (G.R. SUBSCRIBE TO ALBURO ALBURO AND ASSOCIATES LAW OFFICES VIA EMAIL. WHAT TYPE OF DEPOSITS ARE INSURED BY PDIC? CAN THE HUSBAND AND WIFE SELL PROPERTY TO EACH OTHER DURING THE MARRIAGE? ... the same is applicable to husbands: they cannot make any decision without a prior consent from their wives. CAN A CORPORATION ACQUIRE ITS OWN SHARES? 122749 J. Vitug Relevant Provisions/Concepts/Doctrines FACTS Le contrat de mariage permet d’apporter quelques modifications au régime matrimonial par défaut, la communauté de biens réduite aux acquêts, ou de changer de régime matrimonial. HOW CAN THE ABSOLUTE COMMUNITY OF PROPERTY BE TERMINATED? The absolute community of property (“ACP”) or the conjugal partnership (“CP”), as the case may be, shall be dissolved and liquidated. 11232 (Effectivity Date: February 23,2019), KINDS OF CORPORATE MEETINGS UNDER PHILIPPINE LAW, Knowing more about labor law compliance inspections, Knowing the consequences of employment of children, Knowing the Difference Between Probationary Employment and Project Employment, Knowing the Difference Between Retrenchment and Redundancy as Authorized Causes for Dismissal from Employment, Knowing the Legal Effects of a Finding of Illegal Dismissal, KNOWING THE POWERS OF CORPORATE OFFICERS OF STOCK CORPORATIONS, Land Transportation Franchising and Regulatory Board Issuances, LEASE OF PERSONAL PROPERTY WITH OPTION TO BUY, Legal Implications of a Forged Deed of Sale, Licensing Agreement versus Franchising Agreement in the Philippines, LIQUIDATION OF FINANCIALLY DISTRESSED ENTERPRISES, Long-term foreign lease over lands in the Philippines, Management prerogative and rights of employers, Managing the Family Business: Keeping the Legacy Alive 26 April 2018, MANDATORY REMITTANCE FOR OVERSEAS FILIPINO WORKERS, MATTERS CONCERNING EMPLOYMENT OF NON-RESIDENT ALIENS, Matters Involving Enforceability of Insurance Policies. IS PREMATURE RETIREMENT OF EMPLOYEES ALLOWED? 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 lucrative title; (3) That which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses; (4) That which is purchased with exclusive money of the wife or of the husband. IS FRANCHISEE AN EMPLOYEE OF THE FRANCHISOR? Best viewed on Firefox or Chrome. 10667), SUSPENSION OF WORK IN THE PRIVATE SECTORS BY REASON OF NATURAL OR MAN- MADE CALAMITY, Tax Exemption for Nonstock Nonprofit Corporation, TAX INCENTIVES GRANTED TO NATIONAL ATHLETES AND COACHES, Taxpayer’s remedies against assessment and collection by BIR, Technical Education and Skills Development Authority Issuances, Telecommuting as An Alternative Work Arrangement, Termination of employment due to loss of trust and confidence, The 6th Labor Relations and HR Management Summit 27 February 2019, The Barangay Micro Business Enterprise (BMBE), The Basics on How to Form a Corporation in the Philippines, The Difference Between Merger and Consolidation and their Effects, The Different Grounds for Termination of Employment, The Tenor of a Voluntary Resignation of an Employee and its Effects, Theft inside the Company Premises: Remedies of the Employer, Things to know about entering a joint venture, Things to know about filing a small claims case, Trademark Registration as an Effective Tool for Business and How to Protect It, Transport company’s liability in transporting passengers or goods, Trust as tool for securing corporate assets from dissipation, TULONG PANGKABUHAYAN SA ATING DISPLACED AT DISADVANTAGED WORKERS (TUPAD) PROGRAM, Types of Businesses: Their Advantages and Disadvantages, Types of employment, and how it affects security of tenure, Understanding and fixing wage distortion issues, Understanding Security of Tenure of Employment Under  the “New Normal”, Understanding the Doctrine of Corporate Social Responsibility, UNDERSTANDING THE DOCTRINE OF SUBROGATION IN INSURANCE, Understanding the nature and consequences of resignation, Understanding the Nature of Manager’s Check, Understanding the Principle of Indivisibility of Stock Subscription, Understanding the Rights and Reliefs of Overseas Filipino Workers, Unfair and unconscionable sales acts and practices, UNITE! 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Fields are marked *, Indicate your email, click subscribe and receive legal by...

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