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Kanino dapat mapunta ang share ng patay na kapartner sa negosyo

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pinkbutterfly28


Arresto Menor
My husband and our foreign neighbor made a partnership on vendo machines business, but since his partner is a foreigner their contract is only verbal. but their is a testify that the foreigner gave his share to my husband.

before the foreigner go back to his country he told us that he authorized his girlfriend to get his share which is also verbal. so the girlfriend always get their share weekly for almost a year now.

the problem now is last week the legal wife of the foreigner arrived here is the Philippines and telling us that his husband already died Sept.last year and she wanted to claim the share.(the foreigner told us before that they are seperated but not divorce) the girlfriend never mentioned to us that the foreigner already died she just told us that after he came back from his country he decided to stay in her place.

The barangay just send a summon letter for my husband so that the wife and my husband could have a confrontation tomorrow morning, They stated in the summon that the legal wife showed a marriage contract and a dead certificate.

should we give her the weekly share or should we give it to the girlfriend?what if the girlfriend present a letter from the foreigner that he authorized her to get the share for all his investment

Thanks

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attyLLL


moderator
i would say the wife has the better right to the share. the authorization should be deemed revoked upon the death of the husband. On the other hand, is there any authentication on the supposed death certificate?

if you don't want to decide, your remedy is to file a case of interpleader in court so you can consign to the court the payments and let it decide who has the better right to the share.


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pinkbutterfly28


Arresto Menor
Thanks for the immediate reply,

We did not see the death certificate even the marriage contract.it is just instated in the summon that the said wife has complete documents such as marriage certificate and death certificate.

what if she want to pull out the share because she is just here to get all the investment of her husband? can we told her to pull out the half of the machines which is equivalent to their share because we could not give their share in cash.

by the way I forgot to ask is it legal, when the wife arrived here in our house I noticed that she is recording her conversation with my husband using a digicam without our consent. maybe she want to have an evidence that my husband received the share because she do not have a contract to prove their partnership. she did not even show us any evidence that she is the legal wife. is their a way for us to check the authentication of the documents knowing that they can easily falsify it specially now a day.

thanks again

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attyLLL


moderator
if it is a foreign marriage and death certificate, you don't have to recognize them unless they are authenticated by their Department of Foreign Affairs and our Philippine Consulate and embassy.

if the recording was done secretly, that can be a violation of anti-wire tapping act.


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pinkbutterfly28


Arresto Menor
Atty

My husband already send a letter to the barangay on the response for their 2nd summon. but they told our messenger that they still need his presence. why do they need his presence while he already sent a letter in response for the summon?

thanks

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attyLLL


moderator
under the rules of the bgy lupon, he has to be present. while it is rarely enforced, he can be cited for contempt of court.


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