LEGITIME

 Legitime literally means the forced share or forced portion. It refers to that portion of a parent’s property that would bequeath upon the children of a deceased by law. A legitime is only a fraction of the entire property of the deceased. The parent’s property that bequeaths on the children is fixed by law. Thus a testator cannot disinherit his/her children from legitime without reasonable and sufficient cause. 




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Gelano vs. Court of Appeals [GR L-39050, 24 February 1981Case digest article 88

Gelano vs CA Case Digest ] Facts:  Insular Sawmill, Inc. (ISI) is a corporation organized on 17 September 1945 with a corporate life of 50 years, or up to 17 September 1995, with the primary purpose of carrying on a general lumber and sawmill business. To carry on this business, ISI leased the paraphernal property of Carlos Gelano's wife Guillermina Mendoza-Gelano at the corner of Canonigo and Otis, Paco, Manila for P1,200.00 a month. It was while ISI was leasing the aforesaid property that its officers and directors had come to know Carlos Gelano who received from the corporation cash advances on account of rentals to be paid by the corporation on the land. Between 19 November 1947 to 26 December 1950 Carlos Gelano obtained from ISI cash advances of P25,950.00. The said sum was taken and received by Carlos Gelano on the agreement that ISI could deduct the same from the monthly rentals of the leased premises until said cash advances are fully paid. Out of the a...
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marriage and cases

Title I MARRIAGE Chapter I Requisites of Marriage             Article I.  Marriage is a special contract of permanent between a man and a woman entered into in accordance with law for the establishment of conjugal and family life,  it is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except the marriage settlements may fix the property relations during the marriage within the limits provided by this code. (52a) Concept of Marriage.             As a status, it is the civil status of one man and one woman legally united for life, with rights and duties which for the establishment of families and multiplication and education of the species are, or from time to time, may thereafter be assigned by law to matrimony ( bishop, marriage, d...
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INTERPRETARE ET CONCORDARE LEGES LEGIBUS EST OPTIMUS INTERPRETANDI MODUS Meaning: To understand and harmonize laws is the best method of interpretation.               To interpret and reconcile    laws is the best manner of construing them.    
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