Tag: civil law
News peg: MMDA tears down posters of “epal” politicians. [“epal” politicians are those who promote themselves thru the visual media (tarps and posters) and the multimedia (ads and other forms of publicity) in the guise of sending out greetings, giving free services, “sponsoring” infrastructure.]
Aside from the pertinent city ordinances prohibiting vandalism, the MMDA may also rely on the following provisions of the Civil Code:
Book II. Property, Ownership, and its Modifications. Title VIII.- Nuisance.
“Art. 694. A nuisance is any act, omission, establishment, business, condition of property, or anything else which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
(5) Hinders or impairs the use of property.
(Underscoring supplied)
Art. 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.
Art. 697. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence.
Art. 698. Lapse of time cannot legalize any nuisance, whether public or private.
Art. 699. The remedies against a public nuisance are:
(1) A prosecution under the Penal Code or any local ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings.
Art. 704. Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. But it is necessary:
(1) That demand be first made upon the owner or possessor of the property to abate the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and executed with the assistance of the local police; and
(4) That the value of the destruction does not exceed three thousand pesos.
Art. 705. The remedies against a private nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.
Art. 706. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. However, it is indispensable that the procedure for extrajudicial abatement of a public nuisance by a private person be followed.
Art. 707. A private person or a public official extrajudicially abating a nuisance shall be liable for damages:
(1) If he causes unnecessary injury; or
(2) If an alleged nuisance is later declared by the courts to be not a real nuisance.
Inheritance Law 101 (Succession Law). Computations.
a few minutes. have to work now early morning, before dawn, didn’t work yesterday (Sunday) because it would disrupt my circadian rhythm, that’s how well i know my sync, when it gets disrupted, the entire week goes out of whack.
i have a few minutes though, i can spare a few notes, a few minutes. Because i like computations. Exercises in succession law. Kris Aquino said that she and husband James Yap arrived at a settlement but because she did not have a pre-nup (pre-nuptial agreement), she said “Nalugi talaga si Josh (her first-born)” (“Josh really got the short end of it.”)
Here’s how that goes.
Let’s just use round, “unspecified” figures. If you have the amount of 100, and one offspring and not married to the parent of your child, your child is your sole heir and his legitime (what he would inherit later on) is the entire amount (100).
If you have two children, they will have equal legitimes.
If you have one child, then got married thereafter and your spouse had 10 and you have 100, without a pre-nup, those amounts are combined in what is called absolute community property, add it up, it’s 110.
In case of a split up, your estranged spouse gets half of it, and the children’s legitimes will be gotten from what remains (the other half), plus the second child (let’s call him “Bimby”, the child born of the marriage with the estranged spouse), being able also to inherit from his father the estranged spouse.
That means the first child’s legitime will be gotten only from the other half; generally. (and i don’t know if the settlement had other terms).
This means that, in this case, if the entire amount or absolute community property is 110 million, the estranged spouse gets 55 million, generally. The two children’s legitimes (amount they would inherit) would be gotten from the other 55 million, or a legitime of 27.5 million each, plus the second child can still inherit from the father.
So, your first child who had a legitime of 100 million before the marriage, now has only, generally, 27.5 million. Half of your hard-earned money, the fruits of your years and years of hard, painstaking work and heartaches, half of that goes to the estranged spouse. You’ll never get it back. When the estranged spouse gets married without a pre-nup, that amount becomes the property of the new marriage of your estranged spouse and if they have children, those children and their mother will get their legitimes from that amount too. In other words, half of your property will eventually go to strangers in case of a split-up; well, your second child can still inherit from the father but he will share the inheritance with the siblings of the subsequent marriage.
That’s how it goes, talagang ganun ang nakalagay.
Generally, those who have children of a previous marriage or a previous relationship are advised to have a pre-nup to protect the interest of the children of the previous relationship; it’s not for your benefit, it’s for their benefit (your children’s), so your property won’t go to strangers, the property would go back to your own child or children.
And that’s why she said “Talagang lugi si Josh…”
……computations are a good exercise, they can jumpstart your morning so you awaken fast…. and i have to write a memo now….
and the lucky color of the day says the morning show astrologer is orange..
