Civil & Special Proceedings Cases

The essential elements of a contract are the following:
  1. Consent of the parties;
  2. Object / subject matter of the contract;
  3. Cause or consideration for entering into the contract.

Yes. The prescriptive period in filing civil case depends on the type of civil case:
  1. For contracts – 10 years for written contracts and 6 years for oral contracts;
  2. Torts – 4 years from the date of the act or omission;
  3. Actions upon a judgment – 10 years

A usufruct is a legal right granted to a person to use and enjoy the property of another without altering the property’s substance. Such use and enjoyment may be in the form of living in a house or collection rental income.

Generally, a minor (a natural person below 18 years old) cannot enter into a contract as minors are not considered legally capacitated to enter into a contract. However, an exception to this is when the minor entered into a contract that is beneficial to the latter.

Annulment declares the marriage null and void from the very beginning. So it is as if no marriage ever transpired. On the other hand, legal separation involves separation in bed but the marriage remains intact. Legal separation does not dissolve the marriage.

No. In order for the foreign divorce decree to be valid and recognized in the Philippines, a Petition for Recognition of Foreign Divorce Decree must be filed. It is only when the Petition is granted that you may enter into another marriage that will be deemed valid in the Philippines. Otherwise, the second marriage shall be deemed bigamous and void.

There are two general ways to change a name in the Philippines:
  1. Substantial change which change includes surname for reasons other than clerical errors, this will require filing a petition in court for change of name.
  2. Clerical or typographical errors, on the other hand, can be corrected by filing a petition with Local Civil Registry under RA 9048 as amended by RA 10172. This applies to first names and nicknames. It also includes typographical error in the month and date of birth, as well as, sex of the person, provided, it is patently clear that there was typographical error in the entry.