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Opening Statement

Welcome!

This site is dedicated to actual and practical application of law especially in the Philippines. It does not really matter much if you are abroad because the spirit and the logic behind law around the world is basically the same. Just bear in mind that discussions in this site on law and court decisions as applied to different situations reflect the opinions of the authors on the matter.

All persons and situations discussed in this site are fictional and/or purposely changed to protect the identity of the persons concerned.


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How To Terminate Leasehold Tenancy Relationship on Agricultural Property

Pursuant to RA 3844, a tenant of an agricultural land has a security of tenure. Meaning, he cannot be ejected outside those grounds provided under the law. His right to cultivate the land can be passed on to qualified immediate family members. Once established, expressly or impliedly, this seemingly infinite right of the tenant to hold and cultivate a landowner's agricultural land can be problematic to those who want to sell the land, change tenants or to those landowners who want to handle production by themselves.  Under the law, there are three instances tenancy may be dissolved or extinguished: 1. By court order; 2. By voluntary surrender of landholding in favor of the landlord; 3. By absence of immediate family member to continue cultivation in case of permanent disability, old age or death of the tenant. Outside the said three instances, a tenant may not be legally ousted from his cultivation of the land. Some landowners would complain to the concerned ...
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Small Claims: Faster Way to Collect Money?

One consideration in filing a collection case against somebody is the amount of money owed to you. But kudos to the Supreme Court for passing the 2016 Revised Rules of Procedure for Small Claims Cases. Without it, it was impractical to file a suit for collection especially if it involves a measly 4 to 5 figures before. Say, you loaned P20,000 to B. B defaulted in paying. It would be impractical to hire a lawyer to collect the indebtedness from B considering that a lawyer's retainer would usually cost you P20,000 also. Instead of getting back the money, you will find yourself losing some more on account of hiring a lawyer and the cost of litigation. With the Rules on Small Claims Cases, this immensely helped ordinary Juans to easily collect money because it specifically does not allow representation by a lawyer.  All you have to do is to download a readily available form online (just make sure it is the 2016 format) or ask for some forms with the MTC, fill it up, attach the sup...
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