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may husband litigate on his own?

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1 may husband litigate on his own? on 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

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2 Re: may husband litigate on his own? on 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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3 Re: may husband litigate on his own? on 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

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4 Re: may husband litigate on his own? on 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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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: may husband litigate on his own? on Mon Jan 23, 2012 3:00 pm

julienicer


Arresto Menor
thank you very much!!! Very Happy

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