Archive for October, 2010


For advice on above subject, you may contact J.A.B. Bulao & Associates at jabblaw@yahoo.com or send a message to  Cell No. 09155205254.

FACTS:  BIR filed a case against XYZ Inc. CTA ruled in favor of XYZ Inc. BIR appealed and  raised an issue on whether the rule in the Tax Code on the apportionment of tax credits can be applied in appreciating XYZ’ s claim for tax refund. It was previously raised by the parties but CTA did not rule on it. 

ISSUE:  Can an issue not ruled upon at the court below be raised on appeal?

RULING:  Yes. The rule that  matters not taken up in the court below cannot be raised on appeal is not without exception. Courts may relax a procedural rule when compelling reasons so warrant or when justice requires it. What constitutes good and sufficient cause that would merit suspension of the rules is discretionary upon the courts. 

SOURCE:  CIR vs. Eastern Telecommunications Philippines, Inc. (G.R. No. 163835, 07 July 2010).

Query:  Do you want your marriage declared null and void? What could be a possible ground?

The common ground is provided under Art. 36 of the Family Code. It provides: A marriage contracted by any party who, at the time of the celebration, was spychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.

The Family Code did not define the meaning of psychological incapacity. The concept is based on paragraph 3, Canon 1095 of the New Code of Canon Law (effective on November 27, 1983) which also made no attempt to define the term. (SOURCE: THE FAMILY CODE OF THE PHILIPPINES ANNOTATED, 1999 EDITION, BY ATTY. ERNESTO L. PINEDA).

Considering that psychological incapacity is just lifted from the Canon Law the pertinent decisions of the marriage tribunals of the Catholic Church may be used as precedents if they are not contrary to the civil law and existing civil jurisprudence. According to Church authorities, aside from the well-known psychological cases of psychoses, psychoneuroses, and other psychic disorders which render a party or spouse psychologically unfit to assume the essential functions and duties of marriage, the following may also be considered as causes of psychological incapacity: (a) homosexuality, (b) lesbianism, (c) satyriasis, (d)nymphomania, (e) emotional immaturity or irresponsibility, (f) epilepsy, (g) habitual alcoholism, and (h) criminality. This list is not exclusive. (IBID)

Early jurisprudence related incapacity either to the ability to exchange the right of the body for hetoro-sexual acts or to the essential obligations arising from the three goods of marriage: (a) children, (b) fidelity and (c) permanence. As the object of marital consent was expanded to include the right to the community of the whole life, so the understanding of marital incapacity has expanded to include other essential obligations of marriage. (IBID)

For advice on above subject, you may contact J.A.B. Bulao & Associates at jabblaw@yahoo.com or send a message to  Cell No. 09155205254.



ESCROW AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This ESCROW AGREEMENT, made and entered into in the ____________, Philippines, by and between _________________, single/married to ____________, of legal age, _________ citizen, and with residence and postal address at ____________, hereinafter called the VENDOR,

– and –

______________________, single/married to __________________,  of legal age and postal address at _______________, hereinafter called the  ESCROW AGENT.

WITNESSETH: THAT-

WHEREAS, under date of _____________, 20___, the VENDOR executed in favor of the VENDEE for the price of ______________PESOS(P_________), Philippine currency, a deed of sale conveying to the latter certain real property situated in _______ and covered by Original/Transfer Certificate of Title No. ____________, which deed of sale, accompanied with the corresponding owner’s duplicate certificate of title and another pertinent papers, has been delivered in escrow to the ESCROW AGENT, the receipt whereof is hereby acknowledged by the latter;

WHEREAS, under date of ____________, 20_____, in fully payment of the agreed purchase price set forth in said deed of sale, the VENDEE has deposited in escrow to the ESCROW AGENT the sum of ____________PESOS (P_________), Philippine currency, the receipt whereof is likewise acknowledged by the latter; and

WHEREAS, for the final consummation of the above transaction the parties hereto have obligated themselves individually to comply with certain conditions more particularly stipulated hereunder;

NOW, THEREFORE, for and in consideration of the premises, and more specifically the mutual commitments herein set forth, the parties hereto have voluntarily agreed and covenanted as follows:

  1. THAT the VENDOR or his duly authorized representative shall take charge of the filing and registration of the aforementioned deed of sale in the proper office of the Register of Deeds after the same shall have been examined by the VENDEE, and, once registration thereof has been accomplished, said VENDOR shall deliver to the ESCROW AGENT a copy of the documents as registered, together with the corresponding certificate of title duly issued in the name of the VENDEE;

 

  1. THAT, upon receipt of the aforementioned title and other papers by the ESCROW AGENT, the latter shall pay to the VENDOR or his duly authorized representative the full amount deposited in escrow, representing the agreed purchase price, and the certificate of title and other pertinent papers turned over to the VENDEE;

 

  1. THAT, if for any reason there should be any legal impediment to bar the registration of the aforementioned deed of sale, it shall be obligation of the ESCROW AGENT to deliver the VENDOR and to the VENDEE all the papers and cash deposit respectively belonging to them held in escrow;

 

  1. (Other conditions and stipulations, if any.)

 

  1. THAT the ESCROW AGENT, cognizant of the foregoing terms and conditions above stipulated, does hereby agree to acts as depository for the VENDOR and the VENDEE, and to discharge the duties and perform the undertaking in accordance therewith; and

 

  1. THAT, the service fee to be due and payable to the ESCROW AGENT in any events shall be for account of the VENDOR.

 

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands at the place first above written on this __________day of ________________, 20 _____

___________________________              ____________________________

Vendee                                                       Vendor

                                      ________________________

                                                Escrow Agent

SIGNED IN THE PRESENCE OF:

_____________________________           _____________________________

ACKNOWLEDGMENT

Republic of the Philippines                        ]

Province of _____________________________ |SS.

City/ Municipality of ____________________)

BEFORE ME, a Notary Public in and for _____________ City, Philippines, this _____ day of _________________, 20____  personally appeared:

          Name                             Res. Cert.             Date/Place Issued

_________________           ____________          ________________

                                                                             ________________

________________             ____________          ________________

                                                                             ________________

all known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledged  to me that the same is their free and voluntary act and deed.

IN TESTIMONY WHEREOF, I hereunto set my hand and affix my notarial seal on the date and at the place first above written.

Doc No. _______

Page No._______

Book No. ______

Series of _______

AFORM 0010

For advice on above subject, you may contact J.A.B. Bulao & Associates at jabblaw@yahoo.com or send a message to  Cell No. 09155205254.