Your rights after death of your common law partner

Question: My common law wife was previously married, but never had her marriage annulled or nullified. Do I have a claim on the properties we acquired?

In the Philippines, your legal rights to properties acquired during your relationship with your common-law wife depend significantly on her marital status under the law. Here's a breakdown of the legal implications:

1. Her Marriage is Still Valid

If your common-law wife was legally married and never obtained an annulment or nullity of marriage, then:

• Her marriage is still considered valid and subsisting under Philippine law.

• Any relationship with another person (including you) is not legally recognized and is considered an adulterous or bigamous relationship, depending on the circumstances.

  
  

2. Properties Acquired During Your Cohabitation

If you acquired properties together during your 20-year relationship:

Presumption of Co-ownership (but limited)

Under Article 147 of the Family Code, co-ownership rights may apply only if both parties are legally free to marry (i.e., not legally married to someone else). But since she was not free to marry, Article 148 applies:

Article 148 (Family Code) — For relationships where one or both parties are married to someone else:

• Only the properties acquired through the actual joint contribution of money, property, or industry of both parties shall be owned in common in proportion to their contributions.

• You must prove your actual contribution (financial or work/labor).

• If you can show that you contributed to the acquisition, you may have a proportionate claim.

Important Caveats:

• You do not get automatic 50-50 co-ownership as you would in a legal marriage or a common-law union where both parties are free to marry.

• Properties solely in her name, and where you cannot prove contribution, may not be claimable.

What You Should Do:

1. Gather evidence:

   • Receipts, bank records, construction materials, or any proof of monetary or labor contribution.

   • Witness statements if you did substantial work or helped financially.

2. Consult a lawyer:

   • A lawyer can help assess whether you can file a civil case for partition or recovery of your share in properties under Article 148.

3. Avoid prescriptive period issues:

   • There are time limits for asserting claims in court (prescriptive periods), so acting quickly is important.

Summary:

• You may have a claim, but only for properties you helped acquire, and only in proportion to your proven contribution.

• Her existing marriage means your relationship is not protected under typical cohabitation laws.

• Legal help is highly recommended for documenting your contributions and asserting your rights.

Liability of Consumers for Unregistered Electricity Consumption

In a world powered by electricity, the relationship between power providers and consumers hinges on accurate metering. But what happens when electricity consumption goes unregistered—whether due to defective meters or other causes? Can utility companies charge consumers for electricity that was not recorded by the meter? More importantly, are consumers legally liable for such unregistered usage?

In the Philippines, this issue was addressed head-on in the landmark Supreme Court case Ridjo Tape & Chemical Corp. v. Manila Electric Co. (G.R. No. 126074, February 24, 1998). This case set important guidelines on the rights and obligations of both utility providers and consumers when it comes to electricity billing.

Understanding Unregistered Electricity Consumption

Unregistered electricity consumption typically occurs when:

• The electric meter is defective, and fails to record usage accurately.

• There is meter tampering or bypassing (an illegal act).

• There are technical malfunctions in the provider’s system that affect reading accuracy.

This often leads to disputes, especially when consumers receive back-billed charges for months—or even years—of previously unregistered usage.

The Ridjo Case: Setting the Legal Framework

In Ridjo Tape & Chemical Corp. v. MERALCO, the petitioners were industrial consumers who received a massive bill from Manila Electric Co. (MERALCO) for “unregistered consumption” after the utility discovered their meters were not accurately recording electricity use. The consumers challenged the charges, claiming they should not be made to pay for electricity not recorded by the meter.

Supreme Court Ruling: Key Takeaways

• Consumers are liable for electricity actually consumed, even if the meter failed to register it, as long as consumption can be proven or reasonably estimated.

• MERALCO was found negligent for failing to detect the defective meters in a timely manner, despite regular inspections.

• The Court ruled that both parties share responsibility: the consumer for using the electricity, and MERALCO for poor equipment oversight.

• Billing must be based on a fair estimate, not arbitrary amounts. The Court allowed MERALCO to collect payments based on a three-month average consumption prior to the period of defective metering.

  
  

What the Law Says

Consumer Act of the Philippines (R.A. 7394)

This law protects consumers from unfair and deceptive practices. However, it also requires consumers to pay for the goods and services they use—including utilities like electricity.

Energy Regulatory Commission (ERC) Guidelines

The ERC allows utility companies to conduct “billing adjustments” in cases of defective meters, subject to rules:

• Back-billing is generally limited to a maximum of 6 months unless fraud is involved.

• The consumer must be notified and given a chance to contest the charges.

• The adjustment should be based on historical consumption data.

  
  

Practical Guidelines for Consumers

1. Monitor Your Monthly Consumption

   • Unusual dips or spikes may signal meter issues.

2. Report Suspected Meter Defects Immediately

   • Notify your utility provider in writing and request an inspection.

3. Never Tamper With Electric Meters

   • Meter tampering is illegal and can result in disconnection, fines, or even criminal charges.

4. Keep Billing Records

   • Past billing statements are essential for estimating usage in case of disputes.

5. Know Your Rights

   • You are entitled to due process. The utility company must present proof of under-registration and apply a fair billing adjustment.

     
     

Conclusion

In the Philippines, consumers can be held liable for unregistered electricity use if it is proven they actually consumed the power, even if the utility meter failed. However, utility companies also bear the responsibility of maintaining accurate and functioning metering systems. The law aims to strike a balance: consumers must pay for what they use, but utility companies must act with competence, diligence, and fairness.

The Ridjo Doctrine, as established by the Supreme Court, affirms that while no one should get electricity for free, back-billing must be reasonable, based on actual data, and never the result of the provider’s own negligence.

Source: Ziggurat Real Estate

Buyer in Good Faith Only Applies to Registered Land: A Philippine Legal Perspective

When it comes to buying real estate in the Philippines, the term “buyer in good faith” often comes up, especially in land disputes. Many buyers assume that as long as they purchase a property without knowledge of any legal problems or claims, they are automatically protected. However, under Philippine law, this protection only applies if the land is registered under the Torrens system.

Let’s explore what this means and why it’s important.

Understanding “Buyer in Good Faith”

A buyer in good faith is someone who purchases a property:

• For valuable consideration (i.e., they paid for it),

• Without knowledge of any defect or competing claims over the property, and

• After exercising due diligence, such as inspecting the title and property status.

This legal doctrine is intended to protect innocent purchasers who act in good faith and rely on the apparent validity of the title.

But here’s the key limitation: this protection applies only to lands that are registered under the Torrens system.

Registered vs. Unregistered Land

Registered Land

Registered land refers to property with a Certificate of Title issued by the Land Registration Authority (LRA) under the Torrens system. Once registered, the state guarantees the title’s validity. The registered owner is presumed to have a legal and absolute title, and third parties can rely on what appears on the certificate of title.

Thus, a buyer in good faith and for value is protected—even if it turns out later that the seller acquired the land through fraud, as long as the buyer had no notice of any such defect and relied on a clean title.

Unregistered Land

Unregistered land does not have a Torrens title. Instead, ownership is often supported by tax declarations, deeds of sale, or other public documents. These documents do not guarantee ownership, and any buyer is expected to investigate thoroughly, not only the paperwork but also the actual possession and historical claims to the land.

In such cases, the doctrine of buyer in good faith does not apply in the same way. Even if a buyer acts in good faith, they can still lose the property if another person can prove a better or older claim to it. The courts do not recognize the same level of protection for buyers of unregistered land.

Key Supreme Court Rulings

The Philippine Supreme Court has consistently ruled on this principle. For example:

• In Spouses Aquino v. Frondozo (G.R. No. 174632, January 20, 2009), the Court held that a buyer of unregistered land must prove not only good faith but also a clear and superior right to the property. Mere good faith is not enough.

• In Tenio-Obsequio v. Court of Appeals (G.R. No. 107967, March 1, 1994), the Court emphasized that only buyers of registered land are protected when purchasing from someone who appears to have title.

  
  

These rulings reinforce the idea that the law protects buyers only when they rely on an official, government-issued title, not private agreements or tax declarations.

What Should Buyers Do?

If you're looking to buy land in the Philippines, here are some best practices:

1. Always check if the land is titled. Ask for a certified true copy from the Registry of Deeds.

2. Verify the title’s authenticity. Check if there are annotations like mortgages, lis pendens, or adverse claims.

3. Inspect the property personally. Ensure that the person selling it is in possession and has no disputes with neighbors or relatives.

4. Consult a lawyer or broker. Have all documents reviewed before signing or paying.

   
   

Final Thoughts

In Philippine law, "buyer in good faith" is not a magic phrase that guarantees protection. It only provides strong legal shield if the property is registered under the Torrens system. Buyers of unregistered land have a higher burden of proof and much less protection.

If you’re planning to buy real estate, make sure the land is titled and your due diligence is thorough. When it comes to property, peace of mind is worth the paperwork.

Source: Ziggurat Real Estate