Asking For Cash/help

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scott h
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Yes it is such law. I have read it proper

 

Copy/paste Thomas, with out a reference, its just memory. Which at our age is fallible :hystery:

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Jack Peterson
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The law is FUZZY concerning which living standard though. I GUESS it mean enough for the basic FILIPINO living standard.

 

 Thomas my friend, Based on on your Theory and Post My friend, You will need to Rethink your Secrecy Ideas and be a little more transparent to your Wife/GF if you want to get around this imaginary Law. As member Crosby said and  it should remind us all, we married a Person Not a Family. Help is one thing Thomas, Total Support of an Extended Family is in the eye of an Idiot and that, I am 100% sure, you are not, neither are any of us ( Hopefully)

 

Jack  :unsure:

 

Morning All :morning1:

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Thomas
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Yes it is such law. I have read it proper

 

Copy/paste Thomas, with out a reference, its just memory. Which at our age is fallible :hystery:

But I did copy/paste  -  from my memory    :)

 

I have read all more than once. It's very booooooring, so I don't want to read all again   :)

That law is about much more than support e g separate owning of property.

The part about Support is a "small" part of a veeeeeery long law  Executive order 209  = "Family Code" .    As you can see - if anyone want to read all   :)  -  what need to be covered, there are sibblings included, how to split if more than one can contribute ...

Here can all be seen http://www.chanrobles.com/executiveorderno209.htm#.VmTLrZcy08o

 

TITLE VIII SUPPORT

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. (290a)

Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

  • (1) The spouses;

    (2) Legitimate ascendants and descendants;

    (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

    (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

    (5) Legitimate brothers and sisters, whether of full or half-blood (291a)

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or negligence. (291a)

Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (n)

Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order. (292a)

Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:

  • (1) The spouse;

    (2) The descendants in the nearest degree;

    (3) The ascendants in the nearest degree; and

    (4) The brothers and sisters. (294a)

Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.

However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them.

When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred. (295a)

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (296a)

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. (297a) chan robles virtual law library

Art. 203. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extra-judicial demand.

Support pendente lite may be claimed in accordance with the Rules of Court.

Payment shall be made within the first five days of each corresponding month or when the recipient dies, his heirs shall not be obliged to return what he has received in advance. (298a)

Art. 204. The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. (299a)

Art. 205. The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution. (302a)

Art. 206. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it without intention of being reimbursed. (2164a)

Art. 207. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. (2166a)

Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution.

Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. (n)

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Jack Peterson
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Posted (edited)

 

 

Yes it is such law. I have read it proper

 

Copy/paste Thomas, with out a reference, its just memory. Which at our age is fallible :hystery:

But I did copy/paste  -  from my memory    :)

 

I have read all more than once. It's very booooooring, so I don't want to read all again   :)

That law is about much more than support e g separate owning of property.

The part about Support is a "small" part of a veeeeeery long law  Executive order 209  = "Family Code" .    As you can see - if anyone want to read all   :)  -  what need to be covered, there are sibblings included, how to split if more than one can contribute ...

Here can all be seen http://www.chanrobles.com/executiveorderno209.htm#.VmTLrZcy08o

 

TITLE VIII SUPPORT

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. (290a)

Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

  • (1) The spouses;

    (2) Legitimate ascendants and descendants;

    (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

    (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

    (5) Legitimate brothers and sisters, whether of full or half-blood (291a)

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or negligence. (291a)

Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (n)

Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order. (292a)

Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:

  • (1) The spouse;

    (2) The descendants in the nearest degree;

    (3) The ascendants in the nearest degree; and

    (4) The brothers and sisters. (294a)

Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.

However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them.

When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred. (295a)

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (296a)

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. (297a) chan robles virtual law library

Art. 203. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extra-judicial demand.

Support pendente lite may be claimed in accordance with the Rules of Court.

Payment shall be made within the first five days of each corresponding month or when the recipient dies, his heirs shall not be obliged to return what he has received in advance. (298a)

Art. 204. The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. (299a)

Art. 205. The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution. (302a)

Art. 206. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it without intention of being reimbursed. (2164a)

Art. 207. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. (2166a)

Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution.

Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. (n)

 

 Sorry but this the Biggest load of Codswallop I have ever read, No wonder the PI Judicial service is in the state it is IF they are going to hear this sort of Case daily? I see no mention of Lending anyone My crash helmets  :hystery:

No wonder Thomas, you only want a bad car if you have to lend it to a nephew. Obviously this was inattacted and written by an Orphan married to an Orphan with No children 

Bad you may Say? Not on my Part but Stupid law again, comes to mind. There must be 000's of cases waiting to be Heard Given the State of Families here today but wait, they may throw a few Foreigners in as well so they will get heard First. YES?

I know it is Monday but ..................... come on!

 

Jack :rolleyes:

 

BTW I see NO mention of the Word Foreigner anywhere, Written for the Filipino methinks !

 

Edited to start my Monday Off

Edited by Jack Peterson
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Thomas
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Posted
BTW I see NO mention of the Word Foreigner anywhere, Written for the Filipino methinks !
The copied text talk about supporting PROPORTIONAL to capacity. The law DON'T make difference between if the husband is foreigner or a Filipino with more assets than the family-in-law.

(An other part of that very long law talk about support from husband to (Filipina) wife, but it's risk the forum break down if I try to copy whole that very long law   :mocking:     The copied text is only one of the many sections of that law.)

 

But note the part telling we DON'T need to support LAZY under retire age...  :dance:

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Jack Peterson
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Posted

But note the part telling we DON'T need to support LAZY under retire age...

 

 

 OK Right so before this gets to a Stale mate and ends up going around in Circles, can I just tell you that I have had my SIL ( A Family Lawyer) look into this. She tells me that the Law you are Quoting is based on Family Living in the Family Homes on the Family Lot.

Any Filipino that has Chosen to make homes of their own outside the family Dwelling on a different Lot not owned by the Parents become Part of the Law appertaining to their own Situation only. In other words any part of the law that may or may not apply is for their Home only. Anything that can or may happen is without this law, at the family Home. With the Exception that is, where the Mother and/or Father are left alone at the family Home ( And I think will never happen.)

So basically the Law is saying that, anyone Living in OUR house comes under this Law not all and Sundry but she added that she feels  a Foreigner would not be brought to Book on things as it is aimed at the Filipino, So our wives will be doing the necessary, with our Money of Course. But Only in Her House not the Family Home. Mama will always get Looked After no matter what! The others well,

They will not be coming to live here.

 

Now for me, I think that is as far as I can go on this.

 

Jack :)  

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Thomas
Posted
Posted

 

But note the part telling we DON'T need to support LAZY under retire age...

 

 

 OK Right so before this gets to a Stale mate and ends up going around in Circles, can I just tell you that I have had my SIL ( A Family Lawyer) look into this. She tells me that the Law you are Quoting is based on Family Living in the Family Homes on the Family Lot.

Any Filipino that has Chosen to make homes of their own outside the family Dwelling on a different Lot not owned by the Parents become Part of the Law appertaining to their own Situation only. In other words any part of the law that may or may not apply is for their Home only. Anything that can or may happen is without this law, at the family Home. With the Exception that is, where the Mother and/or Father are left alone at the family Home ( And I think will never happen.)

So basically the Law is saying that, anyone Living in OUR house comes under this Law not all and Sundry but she added that she feels  a Foreigner would not be brought to Book on things as it is aimed at the Filipino, So our wives will be doing the necessary, with our Money of Course. But Only in Her House not the Family Home. Mama will always get Looked After no matter what! The others well,

They will not be coming to live here.

That would be nice if it's corect - except the part saying No responcibility to old parents just by move away...

Which part of that long law do the lawyer say make it possible to get away from support responcinility just by moving elsewhere?

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Jack Peterson
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Posted

That would be nice if it's corect - except the part saying No responcibility to old parents just by move away... Which part of that long law do the lawyer say make it possible to get away from support responcinility just by moving elsewhere?

 

 So now you don"t believe a Lawyer here in the Philippines. Thomas I give up with you OK!

 The Law is the Law whether you like it or NOT. You, like many others are just Not ready to move here. End of.

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Thomas
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That would be nice if it's corect - except the part saying No responcibility to old parents just by move away... Which part of that long law do the lawyer say make it possible to get away from support responcinility just by moving elsewhere?

 

 So now you don"t believe a Lawyer here in the Philippines. Thomas I give up with you OK!

WHAT?! Do you expect I would believe what a Filipino lawyer say ONLY because it's a lawyer??!!  :lol:   although many of the Filipino lawyers LIE to earn money???!!!  

Haven't you noticed any of the times I have written about Filipino LAWYERS making ILLEGAL "solutions" to earn money for THEMSELVES...?

 

The Law is the Law whether you like it or NOT.

WHAT?! I DIDN'T say what's "your" lawyer say is wrong, I ONLY ASKED which part of the law he/she base that at... On top of that I LIKE it - if it's true - so what did you get that NOT SUITING coment from?...   

 

You, like many others are just Not ready to move here.

Because I don't trust all lawyers?   :hystery:      To tell it straight - a STUPID conclusion...  :1 (103):   I hope you just had a bad day  :)

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chris49
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Posted (edited)

Oops wrong thread. See Jack's recent thread.

Edited by chris49
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