Property, Family and Annulment Lawyer

You can. You are brave, beautiful and kind. You can surpass THIS.

A failed marriage does not, and will never define you.
A failed relationship does not make you less of a woman. Believe me when I say “ You can be whoever want. You can do ANYTHING. YOU ARE CAPABLE. You are a WOMAN.”

You may have seen a facebook group false advertising for instant annulment of marriage through comveniently converting to Islam. This is basically a deceptive scheme and a deliberate attempt to
hide a bigamous marriage.

Please be warned, and consult a licensed lawyer to guide you with the procedures and substance of the law.

Reach our lawyers for legal consultation.

SC Reiterates Rule in Judicial Recognition of Foreign Divorce

August 10, 2022

The Supreme Court has reiterated the rule that in petitions for judicial recognition of foreign divorce, one must prove not only the fact of divorce but also the national law of the foreign spouse for the divorce ruling to be legally recognized in the Philippines.

In a 10-page Decision penned by Justice Ramon Paul L. Hernando, the Court remanded to the Regional Trial Court (RTC) of San Pedro City, Laguna, Branch 93 for further proceedings and reception of evidence on the Japanese law on divorce the petition for judicial recognition of foreign divorce filed by a Filipino citizen who divorced her Japanese husband in 2007.

In 2015, respondent Jocelyn Asusano Kikuchi filed before the RTC a petition for judicial recognition her foreign divorce. She claimed she married Fumio U. Kikuchi in 1993, and in 2007, they jointly filed for divorce before the City Hall of Sakado City, Saitama Prefecture. The Sakado City Mayor issued an Acceptance Certificate stating that her and Fumio’s written notification of divorce had been accepted. The Acceptance Certificate was accompanied by an Authentication from the Philippine Embassy in Tokyo, Japan.

The RTC granted Jocelyn’s petition, holding that the latter was able to establish the fact of divorce and the national law of Japan. The Republic, through the Office of the Solicitor General, moved to reconsider the RTC decision, but its motion was denied. The Republic then appealed before the Court of Appeals (CA), which denied the same, prompting the former to elevate the matter before the Supreme Court.

The Supreme Court found the Republic’s petition meritorious.
The Court held that while Jocelyn established the fact of divorce by submitting the Acceptance Certificate as authenticated by the Philippine Embassy in Tokyo, Japan, she was not able to establish the law of Japan on divorce.

The Court underscored that for a petition for judicial recognition of foreign divorce to prosper, the party pleading it must prove the fact of divorce and the national law of the foreign spouse.

Under Article 26 of Executive Order No. 209, series of 1987, as amended, or The Family Code of the Philippines, a divorce between a foreigner and a Filipino may be recognized in the Philippines as long as it was validly obtained according to the foreign spouse’s national law.

Before a foreign divorce decree can be recognized by the court, the party pleading it must first prove the fact of divorce and its conformity to the foreign law allowing it.

To prove that the divorce was valid under Japanese laws, Jocelyn submitted a photocopy of the English translation of the Civil Code of Japan, published by Eibun-Horei-Sha, Inc. and stamped with “LIBRARY, Japan Information and Culture Center, Embassy of Japan, 2627 Roxas Boulevard, Pasay City.”

The Court was not convinced. It held that such document is devoid of any probative value. “Not being an official translation, the document submitted by Jocelyn does not prove the existing law on divorce in Japan. Unfortunately, without such evidence, there is nothing on record to establish that the divorce between Jocelyn and Fumio was validly obtained and is consistence with the Japanese law on divorce,” it said.

It added: “Given that Jocelyn was able to prove the fact of divorce but not the Japanese law on divorce, a remand of the case rather than its outright dismissal is proper. This is consistent with the policy of liberality that the Court has adopted in cases involving the recognition of foreign decrees to Filipinos in mixed marriage.”
Thus, the Supreme Court granted the petition and reversed and set aside the assailed November 15, 2018 Decision of the CA.

FULL TEXT: https://sc.judiciary.gov.ph/29085/

SC Disbars Lawyer Who Secured Fake Annulment Judgment for Client │

A lawyer received the ultimate penalty of disbarment for securing for a client an inauthentic judgment and certificate of finality supposedly declaring the nullity of the client’s marriage.

In a Per Curiam Decision, the Supreme Court found Atty. Emilio S. Paña, Jr. (Atty. Paña) guilty of violating the Code of Professional Responsibility and Accountability (CPRA) and the Lawyer’s Oath, and accordingly ordered his disbarment from the practice of law.

The administrative complaint against Atty. Paña arose after Melody H. Santos (Melody) sought the lawyer’s assistance for the declaration of the nullity of her marriage.

The Court sustained the findings of the Integrated Bar of the Philippines and ruled that Atty. Paña deserves to be disbarred for his transgressions.

Section 1, Canon II of the CPRA expressly prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct. Section 2 of the same Canon further forbids lawyers from engaging in conduct that adversely reflects on one’s fitness to practice law, to the discredit of the legal profession.

Falsification of court documents, in particular, has been pronounced by the Court as an offense amounting to unlawful, dishonest, immoral, and deceitful conduct. It has the effect of lessening the confidence of the public in the legal system and committing such offense exhibits one’s inability to discharge his or her duties as a member of the bar.

Read more at https://sc.judiciary.gov.ph/sc-disbars-lawyer-who-secured-fake-annulment-judgment-for-client/

SC: Surviving Spouse Entitled to SSS Pension Even if Marriage Was Contracted After Spouse’s Disability |

The Supreme Court has voided the provision in the Social Security Act that disqualifies as primary beneficiaries those who become the legitimate spouse of the pensioner only after the latter suffered permanent total disability.

The Supreme Court En Banc, through Associate Justice Henri Jean Paul B. Inting, declared void the proviso “as of the date of disability” in Section 13-A(c) of Republic Act No. (RA) 8282, or the Social Security Act of 1997 (Social Security Law), for being contrary to the due process and equal protection clauses of the Constitution, as it granted the petition for review on certiorari filed by Belinda D.R. Dolera (Belinda). The petition challenged the rulings of the Court of Appeals (CA) which had upheld the Order of the Social Security Commission (SSC) denying Belinda’s application for survivorship pension following the death of her husband, Leonardo L. Dolera (Leonardo).

Ordering the SSS to process Belinda’s claim for survivorship pension, the Court stressed that the Social Security Law was enacted pursuant to the policy of the State to promote social justice and provide protection to the workers and their beneficiaries against the hazards of contingencies, such as disability and death, resulting in loss of income or financial burden.

As a social welfare legislation, the Social Security Law should be liberally construed in favor of the intended beneficiary, for it is only by giving the law a liberal construction that the constitutional policy concerning promotion of social justice is realized, held the Court.

The assailed provision of Section 13-A(c) of the Social Security Law provides that to be considered a primary beneficiary entitled to receive survivorship pension, the applicant must be the legitimate spouse of the pensioner as of the date of the latter’s disability.

The Court ruled, however, that the said provision is void for being violative of the equal protection clause of the Constitution as it discriminates against dependent spouses who married the pensioners after the latter qualified for their pension.

The Court further ruled that Section 13-A(c) of the law violates the Constitution’s due process clause. Reiterating its 2004 ruling in GSIS, Cebu City Branch v. Montesclaros, the Court held that retirement benefits, including SSS pension, are protected property interest given that these are compulsory contributions that formed part of one’s compensation, rather than a mere gratuity.

In the case of Belinda, the Court held that her right to receive the survivorship pension was already established because as the deceased pensioner’s surviving spouse, she is entitled to the pension. Thus, its “unceremonious denial is an outright confiscation of [Belinda’s] right in violation of the due process clause,” the Court concluded.

Read more at https://sc.judiciary.gov.ph/sc-surviving-spouse-entitled-to-sss-pension-even-if-marriage-was-contracted-after-spouses-disability/. Read G.R. No. 253940 (Dolera v. SSS) at https://sc.judiciary.gov.ph/253940-belinda-d-r-dolera-vs-social-security-system/.

Personal Appearance is necessary for the notarization of documents. Some of you may feel disappointed every time a lawyer will reject notarizing your document because of non-appearance. Nevertheless, this is for your protection.

In notarizing a signature, a notary is required to determine that the person appearing before him or her is voluntarily executing the presented document. Without personal presence, it is almost impossible to make this determination.

Save yourself from the trouble, and personally visit a licensed lawyer and notary public within your area, for notarization of your documents.

Our law office offers notarial services in Batangas City. Should you need the help of a Batangas City notary public, you may reach us at (043) 425 - 7675
https://maps.app.goo.gl/so5HNeHaSYs4A9VNA

The 𝐍𝐨𝐭𝐚𝐫𝐢𝐳𝐚𝐭𝐢𝐨𝐧 of a document carries considerable legal effect. Notarization of a private document converts such document into a public one, and renders it admissible in court without further proof of its authenticity. (Tigno v. Sps. Aquino, G.R. No. 129416, 25 Nov. 2004).

𝐍𝐨𝐭𝐚𝐫𝐢𝐳𝐚𝐭𝐢𝐨𝐧 is an important step to ensure the authenticity and legal validity of a document. It is a legal process conducted by licensed notaries public who verify the authenticity of signatures and certify the accuracy of the document.

ᴛʜᴇ ꜰᴏʟʟᴏᴡɪɴɢ ᴅᴏᴄᴜᴍᴇɴᴛꜱ ᴀʀᴇ ɴᴏᴛᴀʀɪᴢᴇᴅ:
Special Power of Attorney
Affidavit of Loss
Affidavit of Support and Consent
Affidavit of Undertaking.
Affidavit of Citizenship
Affidavit of Status
Affidavit of Marital Consent
Affidavit to use the surname of the Father
Affidavit of Buyer
Affidavit of Seller
Affidavit of Non-Filing of ITR
Affidavit of Appearance.
Affidavit of Consent.
Affidavit of Identity.
Affidavit of Support
Affidavit of Non-Improvement
Affidavit of Non-Tenancy
Affidavit of Guardianship
Affidavit of Legitimation
Affidavit of Damage of Vehicle
Affidavit of Change of color of vehicle
Affidavit of Mechanics
Affidavit of Change Engine
Joint Affidavit of Two Disinterested Persons
Special Power Of Attorney (SPA)
General Power of Attorney (GPA)
Waiver of Rights
Certification
Agreement
Deed of Absolute of Sale of Land
Deed of Sale of Motor Vehicle
Deed of Sale o
Extrajudicial Settlement of Estate w/ Partition
Extrajudicial Settlement of Estate w/ Sale
Extrajudicial Settlement of Estate w/ Donation
Extrajudicial Settlement of Estate of Legal Heirs

For more details:
Zenaida Arcade, 43 MH Del Pilar St. Batangas City
https://maps.app.goo.gl/so5HNeHaSYs4A9VNA

We are a full-service law firm in Batangas City, handling various issues with knowledge and compassion.

We specialize in multiple areas of practice, including: Family Law, Annulment and Separation, Guardianship, Property, Land transfer and deeds, Probate and Estate Planning.

Our team of legal professionals is thorough, possesses incredibly precise attention to detail, and respects our clients' time and the sensitive nature of their cases.

Contact us today for a legal consultation.

The fact is no marriage, not even Christian marriages, are immune from troubles and trials. But, a marriage that stands on the bedrock of a strong relationship with Jesus Christ can weather any storm that comes along (Luke 6:47-49). These marriages achieve everything God designed marriage to be. https://rb.gy/p6kldy

How do you handle conflicts within your marriage?

Article 1 of the Family Code states: "Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code."

Marriage is a commitment made by a man and a woman who plan to live with each other and, sometimes, start a family. Unfortunately, life happens, and sometimes, the marriage does not work out due to various reasons. Sometimes, they choose to go on with their separate lives without fixing the legalities of their separation. However, leaving the marriage "as is" causes interfolding problems on the status of their properties and children. Worse, it even affects their future relationships.

In times like these, we understand your need to for legal advise and assistance.

Message us to schedule a confidential consultation.

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𝐍𝐎𝐓𝐀𝐑𝐘 𝐏𝐔𝐁𝐋𝐈𝐂 - 𝐁𝐚𝐭𝐚𝐧𝐠𝐚𝐬
You can refer below for our schedule of rates:
Special Power of Attorney
Affidavit of Loss
Affidavit of Support and Consent
Affidavit of Undertaking.
Affidavit of Citizenship
Affidavit of Status
Affidavit of Marital Consent
Affidavit to use the surname of the Father
Affidavit of Buyer
Affidavit of Seller
Affidavit of Non-Filing of ITR
Affidavit of Appearance.
Affidavit of Consent.
Affidavit of Identity.
Affidavit of Support
Affidavit of Non-Improvement
Affidavit of Non-Tenancy
Affidavit of Guardianship
Affidavit of Legitimation
Affidavit of Damage of Vehicle
Affidavit of Change of color of vehicle
Affidavit of Mechanics
Affidavit of Change Engine
Affidavit of Employment / Certificate of Employment / COE
Joint Affidavit of Two Disinterested Persons
Special Power Of Attorney (SPA)
General Power of Attorney (GPA)
Quit Claim
Apostille
Certificate of Authority for a Notarial Act (CANA)
Deed of Absolute Sale
Deed of Conditional Sale
Contract of Lease
Extrajudicial Settlement of Estate

Please visit us at:
https://maps.app.goo.gl/H32S1haervicmvYU6