LEGAL NOTES

1. What if ayaw bigyan ng certificate of employment ng employer if gusto mag-resign ng employee?- report to DOLE if ayaw bigyan ng employer- one can resign even without just cause, provided there is 30-day notice

2. No-read, no-write person, how can he/she write a last will and testament?- execute extra-judicial settlement OR - go to court

3. Last will & Testament- must be written- cannot be in the form of video

4. Harassment through text - unjust vexation - provided you prove that the person who messaged was the one you were

5. SPA no longer effective when person represented/principal already died- no more principal - inheritance laws will prevail

6. Property transfers to heirs by the time predecessor dies, if predecessor does not have debt

7. What is the status of the child, when A’s husband B, whose first marriage was not yet - - annulled when child was born at that time. - cannot be legitimated anymore by operation of law- parents must have no legal obstacle to marry- just adopt the child

8. Legal Adoption- if you were adopted now, the document of adoption would be sealed (secret) - but Register of Deeds have a copy- may only be accessed through Court order- first birth certificate may not be accessed anymore forever

- the new birth certificate does not look different from the original- get from NSO - the only copy of NSO is the new birth certificate

- if first birth certificate was not changed- maybe ROD was the one at fault - asked them to change your birth certificate - no need to go through court proceedings- just ask them to see your records- if no records, ask court for your records

9. Waiting shed of municipality/barangay on property, not annotated in the title, can that be removed?- if you are the owner, you can remove it- if someone intrudes, you can ask them to be removed by

- by unlawful detainer- ejectment- ask them to expropriate the property (eminent domain)

10. How to “borrow” a child?- file Habeas Corpus- but paramount interest of the child prevails

11. If husband dies and he has an inheritance, wife & child inherits it.

12. Annulment lies not in the signature of both of the parties but rather in the court.- parties must prove the reason for annulment

13. 8 years without communication, is the marriage null & void?- no, not void- file a judicial declaration of presumptive death

- court will assume that the former spouse is already dead- one can marry again to another person

14. If my husband already converted to Islam, can he still be prosecuted for bigamy?- yes, if he married again prior to his conversion to Islam

15. 2 years when I bought a lot but still without title, what to do?- go to ROD

16. Can someone be imprisoned for non-payment of debt?- No, provided in Constitution- blacklisted only

17. Husband cohabits with mistress- RA 9262

- worse & faster - Concubinage

18. Can legal separation be filed, if they are already separated for 10 years?- only injured party can file- if 1 year of being separated in fact, legal separation can be filed already

19. 6 years married, without marriage license, planning to marry again in church, will date of marriage be changed?- first marriage null & void

- yes, date of marriage will be changed, because in the first place, you were not validly married - no more need of marriage license for the next marriage

- both already cohabited for 6 years- ratification