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may husband litigate on his own?

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1may husband litigate on his own? Empty may husband litigate on his own? Tue Jan 17, 2012 3:33 pm

julienicer


Arresto Menor

In a civil case involving a conjugal property of a husband and wife who were married before the effectivity of the Family Code, may the husband alone sign the pleadings in case the wife is abroad and is unable to give a Special Power of Attorney?
Considering that the husband alone is the sole administrator of the property under Article 165 of the Civil Code (because the Civil Code provisions on who shall be the administrator of the conjugal partnership governs the property of the spouses in this case), is he authorized to sign the pleadings on his own despite the fact that his wife was made a co-party to the case? please cite jurisprudence. thank you

2may husband litigate on his own? Empty Re: may husband litigate on his own? Wed Jan 18, 2012 9:53 pm

attyLLL


moderator

it's not impossible to issue an SPA. it can be notarized at the philippine consulate or embassy

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3may husband litigate on his own? Empty Re: may husband litigate on his own? Sun Jan 22, 2012 12:33 pm

julienicer


Arresto Menor

thank you. but what if the wife refuses to issue an SPA because she doesn't really care anymore because she and her husband have already been separated (in fact) for a long time

4may husband litigate on his own? Empty Re: may husband litigate on his own? Sun Jan 22, 2012 6:40 pm

attyLLL


moderator

to defend the property, he can sign by himself. but not to sell or mortgage.

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5may husband litigate on his own? Empty Re: may husband litigate on his own? Mon Jan 23, 2012 3:00 pm

julienicer


Arresto Menor

thank you very much!!! Very Happy

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