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property claim for illegitimate child query.

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1 property claim for illegitimate child query. on Tue Dec 16, 2014 6:12 pm

gdomingo3


Arresto Menor
Hi there, My name is Gab and I just have a simply query regarding a claim. Well. I don't really think its simple it quite complicated really.

I'm an illegitimate child of a businessman. My father owns a security agency and a real estate property in Batangas. In 1993 he had issues with his creditors and also some tax issue with the government. So instead of him losing his money and properties what he did is to write an agreement with his friend stating as if he owe's his friend some amount of money and as a form of compensation for that debt he is transferring the business to him. Later in 2007 same thing happen again with his friend they had issue with the creditors and end up doing the same thing they transfer the name of the business to his secretary. Last 2011 he died his business is still open it now grows into a corporation being managed by the secretary and his wife. Do I have legal claims with his properties considering that I was acknowledged by my father and he sign my birth certificate?
Will I have a chance to prove that the business that now grows into a company is my fathers and not their secretaries?

Hoping for a good advise. Thanks

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karl rove


Reclusion Perpetua
gdomingo: you claimed to be an illegitmate child (but acknowledged), the family code is explicit when it comes to the share of illegitimate children over the estate of the decedent -- your father.

The two (2) contracts executed in 1993 and 2007 are simulated contracts under the law on sales. Meaning, contracts which has no valid consideration. If I were you, I would file a petition for the settlment of the estate of your father (any legitimate children, on the background ?) wherein all his properties, real, personal or incorporeal would be collated for settlement purposes.

By this, all creditors including the gov't would be asked to prove their claims, ans this would be governed by the rules on concurrence and preference of credits. Of course, the issue about the transfer of the properties to the secretary would be tackled also as an incident to the settlement.

Now, this procedure would be costly, considering that an administrator would be appointed during the pendency of the proceedings and a bond would be required. This is by way of special proceeding.

Question, are there no legitimate children?

Another, procedure is to file a civil action to annul the sale as the same is prejudicial to your successional rights, taking into consideration the whole of your father's estate. This is an ordinary civil action.

For the peace of the family, I advise you to collaborate with the legitimate children, if any, so that all indispensable parties would be joined in only one suit.

Hope I was able to answer your query.

Atty Karl Rove

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gdomingo3


Arresto Menor
Thank you for the advise atty. Rove yes there are legitimate childrens however the legitimacy is also questionable since my father claimed that the wife is already married and that the marriage contract is fake. Also I dont also think that the secretary is willing to cooperate since she also has her own interest

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karl rove


Reclusion Perpetua
Gabs: You know first things first, there are legitimate children, before somebody impugns the legitimacy of those children in a proper proceeding, in the eyes of the law, legitimate pa rin sila. So, all of you have a stake or interest in the property as children of the deceased.

Your common enemy is the secreatry and the wife. Bond together as soldiers to destroy your common enemy. Protect your interest. In unanimity there is strength.

Of course, logic dictates that the secretary would not just give up the sizaeble portionof the property. Pinanghahawakan kasi nya yung deed of sale. That's why i advise you to atteck the sale as being simulated or ask for the annulment of the sale, if feasible.

tnxs

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gdomingo3


Arresto Menor
Thanks for the advise atty Rove hopefully i can consult this with my siblings

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karl rove


Reclusion Perpetua
you should and you must, othewise, all of you would loose your prized properties.

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