Wednesday, February 20, 2019

CASE IN POINT | Effect if foreign divorce initiated by Filipino spouse

Both Dacasin v. Dacasin, 625 Phil. 494 [2010] and Van Dorn already recognized a foreign divorce decree that was initiated and obtained by the Filipino spouse and extended its legal effects on the issues of child custody and property relation, respectively.

The fact that a validly obtained foreign divorce initiated by the Filipino spouse can be recognized and given legal effects in the Philippines is implied from the rulings in Fujiki v. Marinay, et al., and Medina v. Koike.

In Fujiki, the Filipino wife, with the help of her first husband, who is a Japanese national, was able to obtain a judgment from Japan’s family court, which declared the marriage between her and her second husband, who is a Japanese national, void on the ground of bigamy. In resolving the issue of whether a husband or wife of a prior marriage can file a petition to recognize a foreign judgment nullifying the subsequent marriage between his or her spouse and a foreign citizen on the ground of bigamy, it was ruled:

Fujiki has the personality to file a petition to recognize the Japanese Family Code judgment nullifying the marriage between Marinay and Maekara on the ground of bigamy because the judgment concerns his civil status as married to Marinay. For the same reason he has the personality to file a petition under Rule 108 to cancel the entry of marriage between Marinay and Maekara in the civil registry on the basis of the decree of the Japanese Family Court.

There is no doubt that the prior spouse has a personal and material interest in maintaining the integrity of the marriage he contracted and the property relations arising from it. There is also no doubt that he is interested in the cancellation of an entry of a bigamous marriage in the civil registry, which compromise the public record of his marriage. the interest derives from the substantive right of the spouse not only to preserve (or dissolve, in limited instances) his most intimate human relation, but also to protect his property interests that arise by operation of law the moment he contracts marriage. these property interests in marriage include the right to be supported “in keeping with the financial capacity of the family” and preserving the property regime of the marriage.

Property rights are already substantive rights protected by the Constitution, but a spouse’s right in a marriage extends further to relational rights recognized under Title III (“Rights and Obligations between Husband and Wife”) of the Family Code. x x x (Rep. v. Manalo, G.R. No. 221029, April 24, 2018, Peralta, J).
Dean Albano is the proprietor & Bar Review Director of Albano Bar Review Center.

Dealing with Z-Gen

by Esmeralda de los Reyes

Bulging Crime volume.

Increasing number of families under the poverty line.

What could have gone wrong?

A priest once answered this serious query, with a serious note...

“Your parenting style is to be blamed . “

YES. Not US but our parenting style is to be blamed. These result from the wrong parenting means we employ to our kids. And oh yes, we are to be blamed.

And the teachers, being the second parents, will never be spared from this.

Is there a hard and fast rule as regards the style that one must employ in disciplining the centennials , the generation Z, to renew the face of the society? (Making Naga City rank better in the places of the Philippines with less number of Crime. Because right now, we rank 16th right after Davao City.)

No. Yet, though it is true that values formation should start at home, the school must strengthen it or if there is, in any case, lack of means to form values at home, the school must initiate it.

The next question is how?

And for those with what we call “home” since, our parenting style contributes to the kind of society we (will) have, its high time to orient our parents of these so they can choose which to employ the “best” for their kids .The “best” style is never employable unless you do the first step.

Whether the kids are “homeless” or not, these ways we suggest for parents and educators:

KNOW THYSELF. KNOW THY KIDS. By knowing that you , who probably belong to Genereration X or the Millenial parents and your kids , being referred to as the centennial learners, as parents and teachers, you will be able to bridge the generations. No generation gap shall exist.

BRIDGE THE GAP. Find ways on how your differences be settled. May it be narrow or wide, as educators we must help bridge the gap. Constant parental meetings and Routine Interviews with the learners can be done.

CHOOSE YOUR STYLE. Having understood that as millennial educators and /or parents dealing with the centennial kids understanding of the kids today is needed. Now, kids do not want to be nagged at. Instead of nagging at them when using the gadget, assign some time in using the same. Gone were the days where you can dictate your kids on what to do. We can always guide, never dictate them.

Bear in mind also that we shoudn’t fall into being “ransom parents (educators)” or “tiger parents”, or bulldozer/helicopter parents.

ALWAYS INVOKE THE DIVINE INTERVENTION. With God’s help, one will never Go wrong with parenting the Generation Z. Or in case one fails, He always comes along every failure and redirects one’s ways to the Road of successful parenting and teaching.

Through our effective parenting and education and with all of these, we hope to contribute in making our place a better one.

Less crime volume.

Improved ways of living.

Aklat Ani sa Legazpi 2019

Aklat Ani sa Legazpi
22-23 Febrero 2019
Museo kan Legazpi
Plaza PeƱaranda, Dalan Rizal
Lunsod Legazpi

EDITORIAL | Blind, deaf, mute Comelec

An epidemic of blindness, deafness, and muteness is again plaguing the Commission on Elections in these months leading to the polls.

As many have astutely pointed out, the poll body constantly issues reminders against violations of the Omnibus Election Code, but glaringly lacks the spine to enforce the same.

One hardly needs any effort to spot government facilities, properties, and vehicles plastered with political campaign materials.

Public funds are also often blatantly used in partisan political activities organized no less than by local chief executives.

Even the campaign period schedule, long announced by the Comelec, appears to have no bearing, as candidates freely ignore them, and go scot-free in doing so.

Comelec’s patent failure to enforce the election laws over the years has even affected the electorate, who needs no prodding to turn blind, deaf, and mute even in the face of these violations, especially if those who violate are their personal bets.

It is woeful that aspiring leaders freely flout the rules. After all, they should be the role models of the members of the community in being responsible citizens.

But far more lamentable is the poll body’s adamant unwillingness to enforce the election laws—their very raison d’etre.

Let this be a reality check for the Comelec, which needs to heal itself of this blindness, deafness, and muteness before it’s too late.

PHOTO | BFAR warns against touching bluebottle jellyfish

PRETTY BUT DANGEROUS. Bureau of Fisheries and Aquatic Resources Bicol has warned the public not to touch the bluebottle jellyfish, also called Portuguese man-o-war spotted at the seashore of Puro, Legazpi City. These marine creatures and their detached tentacles can sting and cause fever, shock, and respiratory diseases, especially to children, elderly people, asthmatics and people with allergies.

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CASE IN POINT | Effect if foreign divorce initiated by Filipino spouse

Both Dacasin v. Dacasin, 625 Phil. 494 [2010] and Van Dorn already recognized a foreign divorce decree that was initiated and obtained by...