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Jurisprudence

Is a Property Exempt From Execution as “Family Home” After Mortgage and Foreclosure? PHOTO: Handmadefont/CANVA

Is a Property Exempt From Execution as “Family Home” After Mortgage and Foreclosure? | G.R. No. 257251

This case examines whether heirs may still invoke the family home exemption after the property was waived in favor of one heir, mortgaged to a bank, and was later subject to foreclosure due to loan default. The Supreme Court clarified the limits of the family home exemption, emphasized the importance of timely invocation before the sheriff, and outlined the protection afforded to a mortgagee acting in good faith.

Is a Property Exempt From Execution as “Family Home” After Mortgage and Foreclosure? | G.R. No. 257251 Read More »

Is a Marriage Void if the Solemnizing Officer Was Unauthorized? PHOTO: pixelshot/CANVA

Is a Marriage Void if the Solemnizing Officer Was Unauthorized? | G.R. No. 267998

As a general rule, a marriage solemnized by an unauthorized officiant is void. However, the Court held that under Article 35(2) of the Family Code, the marriage remains valid if one or both of the participating parties believe in good faith, and it is with this belief that grants the solemnising officer the authority. Hence, the marriage continues to have full legal effect, and even with the lack of legal capacity by the officiating person, the marriage should not be declared void.

Is a Marriage Void if the Solemnizing Officer Was Unauthorized? | G.R. No. 267998 Read More »

Can you be arrested and searched by a law enforcement officer based on mere suspicion? | G.R. No. 87059

When does police instinct cross the line?
In this case, police officers stopped and searched a man in Tondo after observing what they believed to be “suspicious movements.” The encounter led to the discovery of a firearm—but the bigger legal question was whether the arrest and search were valid from the start.

Can you be arrested and searched by a law enforcement officer based on mere suspicion? | G.R. No. 87059 Read More »

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