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Free Legal Advice Philippines » FREE LEGAL ADVICE » OTHERS » article 1004, NCC (collateral relatives)

article 1004, NCC (collateral relatives)

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1article 1004, NCC (collateral relatives) Empty article 1004, NCC (collateral relatives) Wed Jan 12, 2011 9:24 pm

jnelinav


Arresto Menor

Is the waiver of a brother with children of all his shares from his deceased brother and sister both unmarried in favor of a surviving sister valid?

Please enlighten me on this issue of waiver. thanks!

attyLLL


moderator

with no other facts, i would believe yes it is valid. i am not sure of the tax implications though. it may be construed as a donation. if i remember correctly, the brother should just make a general waiver not one in favor of the sister so that he will not be liable for donor's tax.

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jnelinav


Arresto Menor

details on issue of waiver under article 1004, NCC as follows:

East, West, North and South are siblings and co-owners of an undivided property from their parents. East and West died without issue . North and South are both married with children. Before South died, North executed a generally waiver of all his shares from East and West in favor of South and limited his share only to 1/4 of the common property. May North do so to the prejudice of his compulsory heirs? If the waiver is valid, are there available remedies on part of his heirs?

attyLLL


moderator

is this your exam in succession???

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jnelinav


Arresto Menor

no, it's a concern by a friend who seeks advice. thanks

attyLLL


moderator

sorry, i can't find my copy of jottings, but i believe he can rightfully waive that.

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jnelinav


Arresto Menor

Which court or body in the Philippines has jurisdiction in cases for violation of Section 13 of RA 9653?

8article 1004, NCC (collateral relatives) Empty Lessor violating section 13 of RA 9653 Tue Mar 08, 2011 8:53 pm

jnelinav


Arresto Menor

Which court or body in the Philippines has jurisdiction in cases for violation of Section 13 of RA 9653?

attyLLL


moderator

after the prosecutor's office finds probable cause, it will be the MTC who will have jurisdiction

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