Piggery Next Door?

Remedies against public nuisance

The provisions of Articles 694, 695, and 699 of the New Civil Code of the Philippines, state that:

"Article 694. A nuisance is any act, omission, establishment, business, condition of property, or anything else which: (1) Injures or endangers the health or safety of others; or (2) Annoys or offends the senses; or (3) Shocks, defies or disregards decency or morality; or (4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or (5) Hinders or impairs the use of property.

"Article 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.

"Article 699. The remedies against a public nuisance are: (1) A prosecution under the Penal Code or any local ordinance; or (2) A civil action; or (3) Abatement, without judicial proceedings."

As provided under the aforementioned provisions, a nuisance is any act, omission, establishment, business, condition of property, or anything else that injures or endangers the health or safety of others or annoys or offends the senses, among others. Moreover, a nuisance will be considered public when it affects a community, neighborhood, or any considerable number of people.

So the establishment of a piggery near your neighborhood, where residential buildings are situated, may be considered a form of public nuisance since the effects of establishing a piggery not only annoy the senses but may also be considered harmful to the health of the community or neighborhood in which you belong.

The New Civil Code provides that the available remedies against a public nuisance could be a prosecution under the Revised Penal Code or any local ordinance, a civil action, or an abatement without judicial proceedings.

Source: Manila Times

How to Have a Divorced Abroad Recognized in the Philippines

Philippine laws do not provide for absolute divorce, and hence, the courts cannot grant the same. However, in case of a mixed marriage between a Filipino citizen and a foreign citizen, the Family Code of the Philippines allows the estranged Filipino spouse to remarry in case the divorce is “validly obtained abroad by the alien spouse capacitating him or her to remarry.”

The following elements must concur in order for said law to apply:

1. There is a valid marriage celebrated between a Filipino citizen and a foreigner; and

2. A valid divorce is obtained abroad, capacitating the parties to remarry, regardless of who between the spouses initiated the divorce proceedings.

Thus, pursuant to Republic v. Manalo,  foreign divorce decrees obtained to nullify marriages between a Filipino and an alien citizen may already be recognized in Philippine jurisdiction, regardless of who between the spouses initiated the divorce; provided, that the party petitioning for the recognition of such foreign divorce decree- presumably the Filipino citizen- must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.

As a matter of procedure, a case must be filed in court to secure a judgment recognizing the foreign divorce between a Filipino and a foreigner. In terms of evidence, both the foreign divorce decree or judgment and the foreign divorce law need to be proven during the trial. Following a favorable judgment, the divorce would be recorded in the civil registry and the estranged Filipino spouse would be deemed allowed to remarry.

The requirement for recognition of foreign divorce is simply that at least one of the spouses was a non-Filipino at the time of the divorce. This follows from the second paragraph of Article 26 of the Family Code of the Philippines to wit:

“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino Spouse shall likewise have capacity to remarry under Philippine law.”

Q: WHY IS IT IMPORTANT TO FILE A PETITION FOR RECOGNITION OF FOREIGN DIVORCE IN THE PHILIPPINES?

There are a number of reasons why it is important to file a petition for recognition of foreign divorce in the Philippines, to wit:

1. Unless the foreign divorce is judicially recognized, the divorce decree will not be registered with the Civil Registrar and the Philippine Statistics Authority (PSA); consequently, a Certificate of No Marriage (CENOMAR) will not be issued should a divorced Filipino plan to remarry;

2. Without a judicial recognition of the foreign divorce, the previous marriage is deemed to subsist; contracting another marriage in the Philippines may constitute the crime of bigamy; and

3. If the foreign divorce decree is not judicially recognized in the Philippines, the divorced spouse may still exercise his or her rights to the community or conjugal property as an heir in case of the death of the other spouse.

Q: HOW ARE FOREIGN DIVORCE DECREES JUDICIALLY RECOGNIZED IN THE PHILIPPINES?

A petition for a judicial recognition of a foreign divorce in the Philippines shall be filed before the Regional Trial Court (RTC) in the city or province where the corresponding civil registry to be corrected is located. If the marriage is celebrated abroad, the petition shall be filed before the RTC which has jurisdiction over the place of residence of the petitioner.

The following are the documents required to be attached to the petition. For documents issued or made abroad, they must either be (a) an official publication of such document or (b) a copy attested by the officer having the legal custody of the document, or by his deputy. Additionally, there must be an accompanying certificate that such officer has the custody, which may be issued by the embassy or consular office of the Philippines and authenticated by the seal of its office.

Any foreign document attached to the petition needs to be apostilled by the competent authority or authenticated by the Philippine Embassy in the foreign country.

PROOF OF MARRIAGE

The petitioner needs to present to the court a certified true copy of the marriage certificate registered in the Philippines issued by the Philippine Statistics Authority (PSA).

If the marriage was celebrated abroad, the official marriage certificate or record from the foreign country shall be presented. If a copy of the marriage certificate or record was filed with the Philippine Consulate, a copy of the Report of Marriage of a Filipino Married Abroad shall also be presented.

PROOF OF DIVORCE

The petitioner needs to present to the court a certified copy of the divorce decree, order, or decision. 

The petitioner must present to the Court the official copies of his or her foreign divorce documents such as the divorce decree which should be duly translated to English if it was written in a foreign language.

Countries have different laws and policies when it comes to divorce. Thus, documents used or issued may also be different. An example is the pronouncement of the Supreme Court in Republic v. Kikuchi, 6 where it was established that Mayors in Japan are authorized to accept divorce. The Supreme Court in this case considered the duly authenticated Certificate of Acceptance issued by City Mayor of Sakado City as sufficient evidence of divorce obtained in Japan.

PROOF OF LAW ON DIVORCE ABROAD

The foreign law capacitating the foreign spouse to remarry must be proven as a fact during trial and in accordance with the Rules of Court. 

The petitioner must present to the Court a certified copy of the specific law on divorce in the country where it was obtained. It must be apostilled or authenticated by the Philippine Consulate and must come with an official translation to the English language if written in a foreign language. Said divorce law must indicate that parties to the divorce can remarry.

OCA Circular No. 157-2022 issued on 23 June 2022, announced that foreign divorce laws that have been officially translated into English language may be obtained on the Supreme Court website, and thus, petitioners need not prove it during the trial, to wit:

“…the Family Courts are advised to take judicial notice of this compilation of the laws of foreign countries on marriage and divorce in the resolution of cases requiring the presentation of the laws of foreign countries on marriage and divorce.”

However, OCA Circular No. 157-2022-A issued on 7 July 2022 supersedes the said Circular. It states the following:

“To address this matter, the Department of Foreign Affairs (DFA), upon request of the OCA, furnished the OCA with a compilation of several foreign laws on marriage and divorce, for reference and use of the judiciary in resolving petitions for recognition and enforcement of foreign decree of divorce, subject to prevailing jurisprudence and/or applicable Court issuances related thereto.” 

Simply put, the trial court cannot take judicial notice of a foreign divorce law posted on the Supreme Court website. In Arreza v. Toyo,7  the prevailing jurisprudence, states that:

“Philippine courts do not take judicial notice of foreign judgments and laws. They must be proven as fact under our rules on evidence. A divorce decree obtained abroad is deemed a foreign judgment, hence the indispensable need to have it pleaded and proved before its legal effects may be extended to the Filipino spouse.”

Proofs of Citizenship and Residence of the Parties (the spouses), and the Children, if any.

In order to prove the citizenship of the parties (the spouses), and the children if any, the petitioner needs to present to the court their birth certificates and/or passports.

It must be established that one of the parties is an alien or a foreigner at the time of the divorce for Article 26 of the Family Code to apply.

PUBLICATION

After filing the petition, the RTC branch where the case is raffled will order that the substance of the petition be published in a random newspaper of general circulation in the city or province once a week for three (3) weeks.

POST-JUDGMENT PROCEDURE

After trial and after the court renders its decision granting the petition, the decision shall be registered before the Local Civil Registrar (LCR) where the marriage was recorded, the Local Civil Registrar (LCR) of Manila if marriage was celebrated and registered overseas, and the Philippine Statistics Authority (PSA).

Source: Ajalaw

Open plan vs broken plan

The trend for open plan living has lasted for decades, but ‘broken plan’ is the new kid on the block

Open plan living is all about increasing space, light and flow of movement within our homes. Taking a sledgehammer to dividing walls – usually between the kitchen and under-used dining room – has never been more popular.

Broken plan is an alternative concept that aims to keep the light and spaciousness of open plan living while at the same time splitting rooms into areas for cooking, dining, socializing or simply being alone.

Pros and cons of open plan

It’s easy to see the benefits of open plan from enabling multiple activities to be carried out in one area to creating a sense of sociability and allowing light to flow. If the multi-functional room includes a kitchen, it stops the cook feeling isolated while preparing meals. But as more and more of us remodel our downstairs from a series of small rooms into one huge space, the drawbacks as well as the advantages of this kind of layout can become obvious, especially if you open up all your ground floor. One interconnected space for cooking, dining and relaxing may appear the dream but the reality can be different,

Families who spent months in lockdown together juggling home working and home schooling realized the value of doors they can close behind them. Open-plan houses can lack privacy and quiet areas. Having nowhere to entertain friends while the children watch TV or play can be a problem. Sound travels in open plan homes, so they can be noisy. If the kitchen is in full view from the rest of the ground floor, any mess is visible as you eat your meals, relax on the sofa or entertain guests.

How is broken plan different?

Broken plan interiors have more in the way of pockets of privacy and coziness. Instead of zoning the room with changes of wall color or floor materials as you might for fully open plan layouts, broken plan divides the space using structural elements, such as split levels and sliding doors. For example, you could have an open plan kitchen and living room next to each other separated by steel-framed glazed doors to be opened or closed as required. This can reduce noise and cooking smells to enable a better sense of relaxation without totally shutting off one room from another.

Or, if you are just starting your project, consider knocking down half a wall between the kitchen and dining room and leaving the top open, allowing views through while at the same time giving you more wall-space to play with to solve dilemmas like hiding kitchen clutter which can be a problem in open plan layouts. While hatches are definitely a thing of the past, widening a doorway between a kitchen and dining room is a workable, modern solution.

Ways to make it work

There are many ways to achieve a broken plan interior. Key considerations include how to create the same flow of light and social aspect of open plan. Below are some suggestions:-

• Split levels – changing floor and ceiling heights is a great way to create broken plan interiors without sacrificing the social aspect or amount of light. For example, a few steps could divide a kitchen from a cozy snug. The kitchen is often a hub of activity, so it’s important to have a different space for relaxation.

• Glazed partitions and internal windows - by dividing a room with glazed panels to the ceiling you can solve the noise issue without blocking any light, carving out a quiet study area, for example. None of the sense of space of a large room is lost as it would be with a solid partition wall.

• Pocket, sliding doors – can offer the option of creating separation when required but slide back invisibly inside interior walls when you want to join the two rooms.

• Half walls can divide a space but without reducing sociability or flow of light. They can be teamed with shutters to give the option of closing a kitchen from a dining or living area, for example.

• Bespoke fireplace with chimney – which can be viewed from either side can neatly divide an open plan living area. It’s another way to create a cosy, private atmosphere without losing the sense of space. For example, between a main seating area on one side and a smaller snug on the other.

• Extra wide ‘doorways’ – downstairs rooms can be connected via oversized room openings instead of doors, which allow spaces to be visually connected and feel larger while still giving pockets of privacy in each room.

• Open shelving – can divide living and sleeping areas, for example in a small apartment, while at the same time providing valuable storage. This is a low-cost way to achieve broken plan when making permanent, structural changes is not an option.

• Mezzanines – can create separation between areas that serve different purposes. This approach works especially well for kitchen and living areas where the cooking/dining space is on the lower level and the relaxing/sleeping area is located above. Glass balustrades could keep the spaces linked.

What does the future hold for open plan?

Over the last few decades, millions of interior walls have been demolished as homeowners have wanted to update poky rooms and cramped interiors. Open plan layouts can work well, especially if you know which walls to remove to allow light to flow. But it needs a truly good design or else homes can end up feeling cavernous and unwelcoming as well as being noisy and difficult to heat.

Broken plan offers an alternative, more flexible approach which divides internal spaces without totally shutting off one room from another. This option is likely to appeal to those who love the light and airy feel of open plan but want some separation and cozy areas too.

Source: Myhomeextension