allanlaw24
allanlaw24
AllanLaw24
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allanlaw24 · 1 year ago
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Trying and fighting for my Dream
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allanlaw24 · 1 year ago
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allanlaw24 · 1 year ago
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allanlaw24 · 2 years ago
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@judgeprince
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allanlaw24 · 2 years ago
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https://sg.docworkspace.com/d/sINCbstuaAeP5na4G?st=0t
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allanlaw24 · 2 years ago
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Article 15: Laws relating to family rights and duties or to the status, condition and legal capacity of person are binding upon citizens of the Philippines, even though living abroad.
As worded, Filipino, even though living outside shall be by the Philippines Laws on fallowing
1. Laws Relating to Family Right and Duties;
2. Laws Relating to status;
3. Laws Relating to Condition
4. Laws Relating to legal Capacity
Application of the nationality principle, a related case of LAVADIA VS LUNA, G.R.N.171914, 23 July 2014
Facts.
✓Atty. Juan Luces Luna, was initially Married to Eugenia Zaballero Luna and they had seven childrens together
✓Atty Luna and Eugenia agreed to live a part and entered into agreements for legal separation and property settlement in 1975
✓ in 1977, Atty Luna. Obtained a devorce decree from the Dominican Republic subsequently married Soledad and they lived together as husband and wife until 1987
✓During that time living together they purchased a condominium unit in Law books
✓after Atty. Luna Death, the Petitioner's, Soledad L. Lavadia files a Complaint against the Heirs of Atty. Luna. Claiming that she was entitled to a sharein the properties were acquired through their joint efforts
✓RTC ruled in favor of the heirs, stating that the properties were acquired through Atty.Luna Sole Industry
✓The C.A. affirmed the decision with modification, declaring that the petition had no right to the properties.
Issue:
1. Weather the agreement for the separation and properties Settlement between Atty.Luna and Eugenia was enforceable
2. Whether the Petitioner's made sufficient contribution to the acquisition of the properties
3. Whether the Petitioner's was entitled to the Law books, The court ruled in favor of Atty Luna and Affirmed the decision of the C.A.
Under the National Principle, the Petitioner's cannot invoke Article 36 of the Family code unless there is a German Law that her to do so, Philippines Law finds no Application herein as far as the family right and obligation of the parties who are foreign national are concerned, and absolute divorce abstained abroad by a couple who are both aliens may be recognized in the Philippines l, provided its is consistent with their respective National Law;
Article 15; of the civil code in relation to article 26. Of the family code, Absolute divorce decree granted by U.S. Court between Filipina wife and Americans husband, held binding upon the letter even if the devorce decree was obtained by the Filipina case related.
Alice Van Dorm vs Hon Manual V. Romillo jr. Et al. L-68470, oct 8,1985, 139 SCRA 139
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allanlaw24 · 2 years ago
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allanlaw24 · 2 years ago
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Presumtive Legitive is required to be delivered to the common children of the spouses when the marriage is annulled or declared void ab initio and possibly, when the conjugal partnership or absolute community is dessolved as in the case of legal separation.
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