What does a Lawyer’s Signature on a Pleading signify?
Under the Revised Rules of Civil Procedure (A.M. No. 19-10-20-SC ) a lawyer who signs a pleading, likewise certifies that:
- The pleading or document is not being presented for any improper purpose.
- The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence. Arguments for extending, modifying, or reversing existing jurisprudence must be non-frivolous.
- Factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after availing of the modes of discovery.
- Denials of factual contentions are warranted by evidence or, if specifically so identified, based on belief or lack of information.
The lawyer is also now required to conduct a reasonable inquiry under the circumstances prior to certifying such matters.
The Court may impose sanctions on the lawyer, law firm, or party found to have violated these undertakings. In case of law firms, they are severally liable for violations committed by their partners, associates, or employees. Monetary penalties cannot be shifted or passed on to their clients.
Can a Foreigner Lease a Private land in the Philippines for 50 years and renewable for another 50 years?
The answer is No.
Presidential Decree (P.D.) No. 471 was enacted to regulate the lease of lands to aliens. It provides that the maximum period allowable for the duration of leases of private lands to aliens or alien-owned corporations, associations, or entities not qualified to acquire private lands in the Philippines shall be twenty-five (25) years, renewable for another period of twenty-five (25) years upon mutual agreement of both lessor and lessee. It also provides that any contract or agreement made or executed in violation thereof shall be null and void ab initio.
Sale of Conjugal Property without Consent of other Spouse
A sale of real property of the conjugal partnership made by the husband without the consent of his wife is voidable. The action for annulment must be brought during the marriage and within ten years from the questioned transaction by the wife.
- – Cueno vs. Bautista, G.R. No. 246445, March 02, 2021
Can a Former Filipino Own Real Estate in the Philippines?
In general, only Filipino citizens and corporations or partnerships with least 60% of the shares are owned by Filipinos are entitled to own or acquire land in the Philippines subject to the following exceptions:
- acquired before the 1935 Philippine Constitution
- acquired by reason of succession or inheritance (parent/s was/were Filipino citizens at the time of their death)
- purchase of not more than 40% interest in a condominium project
- Former natural-born Filipinos can own land in the Philippines, subject to limitations prescribed by Philippine Republic Act 8179 (for residence purposes- up to 1000 square meters of urban land or one hectare of rural land) and Batas Pambansa 185 (for business or investment purposes 5000 square meters of urban land or three hectares of rural land).
- Filipinos who are married to aliens who retain their Filipino citizenship, unless by their act or omission they have renounced their Filipino citizenship
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