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A Privilege of Family Home

Family home is the dwelling house and lot where the family resides. As the law protects the sanctity of family, it as well protects the family home where the memories have been built, and love of the family as well resides.

A house is considered as a family home from the time it is occupied as a family residence. Family home are either a community property or owned by conjugal partnership. In other words, it is jointly owned by the husband the wife.

A family home is exempted from execution and forced sale. However, this right is a personal privilege and the same must be set up and proved to the Sheriff before it had been levied or prior to the sale otherwise this right is deemed to be waived.

Read more: A Privilege of Family Home

Absolute Community

Property Regime is an arrangement governing the property relations of spouses during the course of their married life. The spouses may choose the kind of regime they preferred prior to marriage. The same cannot be changed after the celebration of marriage.

 

When the spouses did not make any marriage settlement or haven't choosen a property regime, absolute community of marriage automatically takes place.

 

Absolute community of marriage is a marriage settlement whereby all properties owned by spouses at the time and during the course of their marriage becomes community property.

 

Community property is the property owned jointly by the married couple. Although all properties which belongs to spouses at the time and during the course of marriage constitutes community property, those properties acquired by gratuitous title or utilized for personal or exclusive use are excluded therefrom, along with its fruits and income. The properties acquired during the former marriage by a spouse is as well not included in the community property.

General and Special Franchise

A franchise is a privilege vested by the government which does not ordinarily belong to any citizen of the country as a matter of common right. Franchise tax is levied on the citizens or corporations due to the privileged granted by the government.

There are two types of franchise the general or primary and the special or secondary franchise. The general franchise is the right exist and do business as a corporation by the State. The right is conferred to the individuals who compose the corporation and not on the corporation itself. On the other hand, special franchise pertains to the right of the corporation to use public properties for the benefit of the corporation such as laying pipes in public streets, the right to build and operate railroad in in cities, etc.

To determine whether a corporation is covered by the franchise tax, the following requisites should be present: (1) that the corporation acquires special or secondary franchise and; (2) that the corporation is exercising the rights or privileges within the territorial jurisdiction of a city or local government unit.

Franchise can be conferred to both private and government owned and controlled corporation (GOCC). Thus, franchise tax is as well imposed upon the corporation without exception to the GOCC.

A Lifetime Commitment

“...to have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, until death do us part..”

Marriage is exclusively between a man and a woman. It is a lifetime commitment. No person or circumstances may break their vows.

The two person promised to be together for the rest of their lives - to build a family of their own and to build their dreams together.

The laws of our society protects the sanctity of marriage. It sanctions infidelity. It discourages separation and rules in favor of the preservation of family.

In this general rule there is an exception, It allows complete dissolution of marriage and consider marriage as non-existent under specific circumstances.

There are two types of divorce; the absolute divorce and the relative divorce. In absolute divorce, the marriage has been severed. The spouses are free to marry another person. On the other hand, in relative divorce, the spouses live apart but the marriage between the two remains. They are not allowed to enter subsequent marriage. Outside the knowledge of the common people, relative divorce is recognized in the Philippines. Relative divorce is more commonly known as legal separation.

Incontrovertible and Indefeasible

 

           

 

A certificate of title is a true copy of the decree of registration of a parcel of land.  Its registration is evidence that a title is legally binding over a particular property.

           

Being the best proof of ownership over a property, the decree and the corresponding certificate of title becomes incontrovertible and indefeasible upon the expiration of one year from and after the date of entry of decree of registration.

           

The attribute of indefeasibility means that right or title in property cannot be made void, defeated or canceled by any past event, error or omission in the title. However, the certificate of title loses it indefeasibility when it is established that fraud attended its acquisition. Nor does this incontestable character of a Torrens title apply when the land covered is not capable of registration.

           

Another significant character of certificate of title is its incontrovertibility. This gives the holder indisputable and unassailable right over the registered land. The rule on the incontrovertible nature of a certificate of title applies when what is involved is the validity of the original title certificate of title. This is inapplicable when it concerns that of a transfer certificate of title.

           

Land registration could become a tedious task, therefore it is best to note the attributes and limitations of a certificate of title.

           

 

Reference:

Land Registration and Related Proceedings, Amado Aquino, 1997 Edition

                 

 

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The Managing Partners

ATTY. REY CARTOJANO, REA, REB

RE Consultant License No. 83

RE Appraiser License No. 8232

RE Broker License No. 2127 

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MAYA CARTOJANO, MM, REA, REB

RE Consultant License No. 84

RE Appraiser License No. 8231

RE Broker License No. 2126  

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