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Capacity Restrictions In Philippines
Summary
The Civil Code of the Philippines outlines factors that can restrict a persons capacity to act, such as age, mental condition, and guardianship. Pregnancy-related expenses can be claimed by the mother from the father, even if the childs support rights are extinguished. In cases of annulled marriages without property liquidation, properties remain co-owned. A foreign divorce may not be recognized in the Philippines, requiring legal steps for remarriage. A child born after the parents marriage is considered legitimate with full rights.Full Conversation
• Nuance (Pregnancy/Maternal Expenses): It's important to note a crucial nuance here. While the child's direct right to support (for its sustenance, education, etc.) is extinguished, expenses related to the mother's pregnancy and delivery are generally still recoverable from the putative father, especially under the Family Code and relevant jurisprudence (like R.A. * on Violence Against Women and Children). These are viewed as obligations related to the pregnancy, not solely dependent on the child acquiring full civil personality. The mother might claim these as part of damages or shared parental obligations arising from the conception, even if the child doesn't survive.
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Here's a simplified explanation:
- Pregnancy/Maternal Expenses: Even if the child's direct right to support is extinguished, the mother can still recover pregnancy and delivery expenses from the father. Under the Family Code and laws like R.A. *, these are seen as obligations related to the pregnancy itself.
- Pregnancy/Maternal Expenses: Even if the child's direct right to support is extinguished, the mother can still recover pregnancy and delivery expenses from the father. Under the Family Code and laws like R.A. *, these are seen as obligations related to the pregnancy itself.
f filipina marries a US husband celebrated in abroad. But the prior marriage of the Filipina has been annulled, but there was no liquadtion of property. Now, the US husband obtained divorce in US and it was granted. WHAT IS IS THE EFFECT OF NO LIQUAITON OF PROPERTY OF PRIOR MARRAIGE? AND WHAT IS THE EFFECT OF DIVORCE OF PRESENT MARRIAGE? improved the question
For the Filipina's situation:
*. Effect of No Liquidation of Property from Prior Marriage:
- In the Philippines, properties from a prior marriage that are not liquidated remain co-owned. The legal status of these properties should be addressed to ensure fair distribution.
*. Effect of Divorce of Present Marriage:
- The divorce granted in the US may not be recognized in the Philippines. If the Filipina seeks to remarry in the Philippines, she may need to file for recognition of the foreign divorce.
Do you have any specific details about the properties involved or the location of the properties?
*. Effect of No Liquidation of Property from Prior Marriage:
- In the Philippines, properties from a prior marriage that are not liquidated remain co-owned. The legal status of these properties should be addressed to ensure fair distribution.
*. Effect of Divorce of Present Marriage:
- The divorce granted in the US may not be recognized in the Philippines. If the Filipina seeks to remarry in the Philippines, she may need to file for recognition of the foreign divorce.
Do you have any specific details about the properties involved or the location of the properties?
f filipina marries a US husband celebrated in abroad. But the prior marriage of the Filipina has been annulled, but there was no liquadtion of property. Now, the US husband obtained divorce in US and it was granted. WHAT IS IS THE EFFECT OF NO LIQUAITON OF PROPERTY OF PRIOR MARRAIGE? AND WHAT IS THE EFFECT OF DIVORCE OF PRESENT MARRIAGE? DO NOT ANSWER ONLY CHECK GRAMMAR AND IMPROVED IDEAS
Case Rating: *
Here's an improved version of the question:
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A Filipina marries a U.S. citizen abroad after her previous marriage was annulled, but without liquidation of property from the prior marriage. Her U.S. husband obtained a divorce in the U.S., which was granted. What is the effect of:
*. No Liquidation of Property from Prior Marriage:
- In the Philippines, properties from a prior marriage that are not liquidated remain co-owned. The legal status of these properties should be addressed for fair distribution.
*. Divorce of Present Marriage:
- The divorce granted in the U.S. may not be recognized in the Philippines. To remarry in the Philippines, she may need to file for recognition of the foreign divorce.
Would you like any more details or clarification on these points?
Here's an improved version of the question:
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A Filipina marries a U.S. citizen abroad after her previous marriage was annulled, but without liquidation of property from the prior marriage. Her U.S. husband obtained a divorce in the U.S., which was granted. What is the effect of:
*. No Liquidation of Property from Prior Marriage:
- In the Philippines, properties from a prior marriage that are not liquidated remain co-owned. The legal status of these properties should be addressed for fair distribution.
*. Divorce of Present Marriage:
- The divorce granted in the U.S. may not be recognized in the Philippines. To remarry in the Philippines, she may need to file for recognition of the foreign divorce.
Would you like any more details or clarification on these points?
The woman got pregnant by her boyfriend and they got married when she was 7 months pregnant. She was born in the ninth month after the marriage. What is the status of the child?
simplify
Case Rating: *
Here's a simplified explanation of the child's status:
- Legitimate Child: The child is considered legitimate because the parents were married before the child's birth, according to the Family Code of the Philippines.
- Rights: The child has full rights as a legitimate child, including inheritance and support from both parents.
Here's a simplified explanation of the child's status:
- Legitimate Child: The child is considered legitimate because the parents were married before the child's birth, according to the Family Code of the Philippines.
- Rights: The child has full rights as a legitimate child, including inheritance and support from both parents.
The second or subsequent marriage would have been valid were it not for the subsistence of the first.SIMPLIFY
Case Rating: *
Here's a simplified explanation:
- Valid Marriage: A second or subsequent marriage cannot be considered valid if the first marriage still exists legally. The first marriage must be annulled or dissolved for the second to be valid.
Here's a simplified explanation:
- Valid Marriage: A second or subsequent marriage cannot be considered valid if the first marriage still exists legally. The first marriage must be annulled or dissolved for the second to be valid.
HOW IS CRIMINAL CASE INSTITUTED? By filing a complaint with the Prosecution Office for the purpose of conducting a preliminary investigation, whether it requires no PI or not. The new amendment is that the filing directly with the MTC is no longer controlling and the basis for no requirement of PI has been modified from *,* * to flat below 6 months. check grammar
Case Rating: *
Here's the corrected version of your sentence:
A criminal case is instituted by filing a complaint with the Prosecution Office to conduct a preliminary investigation, whether a PI is required or not. The new amendment states that direct filing with the MTC is no longer controlling, and the basis for not requiring a PI has been modified from 4 years and 2 months to a flat below 6 months.
Here's the corrected version of your sentence:
A criminal case is instituted by filing a complaint with the Prosecution Office to conduct a preliminary investigation, whether a PI is required or not. The new amendment states that direct filing with the MTC is no longer controlling, and the basis for not requiring a PI has been modified from 4 years and 2 months to a flat below 6 months.
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