Mga batas tungkol sa usaping mana o hatian ng mga ari-arian, talakayin! | Dapat Alam Mo! - video Dailymotion

GMA Public Affairs

Aired (January 23, 2024): Ano-ano nga ba ang patas na batas pagdating sa usaping mana o hatian ng mga ari-arian? Kasama si Atty. Anselmo Rodiel IV, ating talakayin ‘yan sa #DapatAlamMo. Panoorin ang video.

Transcript

00:00 When it comes to legal matters, we'll make it clear.

00:04 We all have equal rights because of the law.

00:08 It should be fair.

00:10 Yes.

00:11 When it comes to money, property, family, or personal life,

00:18 even social matters, we'll make it clear to make it fair.

00:23 A new gen of experts in legal matters are with us.

00:26 2020 Bar Passer and a law professor who is also a online expert

00:32 because of his clear and easy to explain.

00:35 We need him to be clear and easy to explain.

00:38 Our first lawyer, Attorney Anselmo Rodiel de Fort.

00:42 Attorney, I was wondering if you're really a lawyer.

00:46 You look like a K-pop singer.

00:47 Yes.

00:48 I thought our guest was a K-pop singer.

00:49 I'm a lawyer.

00:50 Born and raised.

00:51 Really?

00:52 You don't have Korean blood?

00:54 No.

00:55 I have a lot of knowledge.

00:56 Really?

00:57 I'm a Filipino.

00:58 Attorney John, social media is a source of controversy.

01:03 When it comes to property, it's a scandal.

01:08 What's the law's rule when it comes to property?

01:12 For example, siblings.

01:13 What should be done?

01:15 Even if it's the eldest, second, third, fourth, or youngest,

01:18 we're all equal.

01:20 The eldest.

01:21 The eldest is not included in the youngest?

01:23 No.

01:24 It depends on the father's preference.

01:26 There's a style.

01:29 What we do is,

01:30 the last will and testament is done by the father.

01:34 The eldest is my favorite.

01:36 I'll give half of my property to him.

01:38 That's common?

01:39 Yes.

01:40 We can't take away the share of the other children.

01:43 But they're smaller.

01:44 So don't fight because you can't do anything in the last will and testament.

01:48 Yes.

01:49 Can a father cut off a child from the last will and testament?

01:52 Can I give everything I have outside of this?

01:55 No, you can't.

01:56 Unless there's a reason.

01:57 For example,

01:58 your father was a drug addict.

01:59 He can be cut off.

02:01 But if not,

02:02 I don't want you because you're not that handsome.

02:04 Like a baby show.

02:05 What?

02:06 A baby show.

02:06 You can't do that.

02:07 No.

02:08 You can't do that.

02:10 You're saying that I'm crazy.

02:12 You should really have something that your child did to your father.

02:16 So, in other words,

02:17 if your child didn't do anything,

02:19 you have a share.

02:21 A share.

02:22 To the small child.

02:23 To the small child.

02:24 What if there's no last will and testament?

02:26 You can give a peso.

02:27 You're mad at your child.

02:28 Can you give a peso?

02:29 To you,

02:30 10 million.

02:31 To her, a peso.

02:32 You can't do that because you're mad.

02:34 You can't favoritism.

02:35 Can you question a child who's a small child?

02:37 You can question that.

02:38 You'll approach a lawyer.

02:40 Yes, I'll approach a lawyer.

02:41 If that's the case,

02:42 it's really a case.

02:43 It's a serious case.

02:44 It's a father's case against his child.

02:46 Yes.

02:46 But does that happen?

02:47 There are a lot.

02:48 They're already leading.

02:49 Yes.

02:50 In June,

02:51 there are cases of big families involved.

02:53 Famous families.

02:54 What if there's a child outside

02:55 who's with or lives with a partner

02:57 who left money?

02:59 Yes.

02:59 If it's an illegitimate child,

03:01 when it's a child outside,

03:02 you can't take money from them.

03:04 Not true.

03:05 They really need a share.

03:07 How much is it for a legitimate child

03:08 or an illegitimate child?

03:10 If it's one-half of a legitimate,

03:11 one-fourth of an illegitimate.

03:13 Oh, like that?

03:14 It's smaller.

03:14 Smaller?

03:15 Yes, smaller.

03:16 Why? I'm also a child.

03:17 I'm a blood.

03:18 You're right.

03:19 But he's married first.

03:21 He's married and then became a child.

03:23 Can a family contest

03:25 a legitimate,

03:26 illegitimate child

03:27 and say that he's just pretending?

03:29 That's a DNA test.

03:31 Yes, you can.

03:32 But if it's in the birth certificate of the child

03:35 that this is the child of Juan de la Cruz,

03:37 we can't do anything.

03:38 Oh, you'll also identify it.

03:39 Yes.

03:40 But now, what if there's no such proof?

03:42 That's it.

03:43 Can we do a DNA test?

03:45 It depends.

03:46 If the father is dead,

03:47 that's not allowed.

03:48 So, you can't do anything?

03:49 No.

03:50 If the father is alive,

03:51 you can do a DNA test.

03:52 Oh, you can do that.

03:53 I learned a lot from you.

03:54 You can do that.

03:55 If the father is still alive,

03:56 you can do a DNA test

03:58 if you don't have a birth certificate.

04:00 And what famous families do

04:02 when they grow up,

04:03 they kill their patriarch every 4-5 days

04:05 without telling anyone.

04:06 Yes, because...

04:07 They're fixing the papers, right?

04:08 Yes, they're fixing the papers.

04:10 They're fixing what needs to be fixed.

04:12 I get that.

04:13 But sometimes, they do it

04:14 because there's a criminal activity.

04:16 That's not allowed?

04:17 That's not allowed.

04:18 Because if they're dead,

04:19 they should be in court.

04:20 Oh.

04:21 What others do is

04:22 they sign a...

04:23 Post-dated death certificate.

04:25 Anti-dated.

04:26 Anti-dated.

04:27 That's not allowed.

04:28 And, Torney,

04:29 this is about the last will and testament.

04:31 What do the courts accept?

04:33 There's money, right?

04:34 There's a signature.

04:35 Yes.

04:36 When you get your birth certificate.

04:37 They say the handwritten one is better?

04:39 Yes, it's like this.

04:40 There are two.

04:41 One is more expensive.

04:42 The other is cheaper.

04:43 What's the cheapest?

04:44 What's the cheapest?

04:45 Holographic will.

04:46 You just get your notebook,

04:47 write down all your wishes,

04:49 sign it,

04:50 and put a date.

04:51 That's legal.

04:52 But that's legal.

04:53 I'll accept it.

04:54 But that's more expensive.

04:55 No, it's the same.

04:56 What's more expensive?

04:57 Notarial will.

04:58 You need a lawyer for that.

04:59 You need a notarial.

05:00 That's only 20 pesos.

05:01 The lawyer is making it more expensive.

05:02 Oh, that's it.

05:03 [laughs]

05:04 Yes.

05:05 Lawyers are not expensive.

05:06 Yes, they're more expensive.

05:07 What about the verbal will?

05:08 I told you.

05:09 That's not allowed.

05:10 It's not acceptable.

05:11 How about the tape-recorded will?

05:13 You put it on the tape recorder.

05:15 That's not allowed.

05:16 It should be written.

05:17 How about the video?

05:18 On Facebook?

05:19 There's no video.

05:20 You need to sign it.

05:21 You really need to sign it.

05:22 Entirely handwritten,

05:23 dated sign.

05:24 When should you give the last will and testament?

05:27 When should I give it?

05:28 It depends on when you want to see it.

05:30 Sometimes, you can get it from the trunk.

05:31 Sometimes, you can get it from the cabinet.

05:32 That's okay.

05:33 Anytime is fine.

05:34 As long as you see it.

05:35 Oh, this is the last will and testament.

05:36 It's important to have it.

05:37 It's important to have it.

05:38 It's important to have it.

05:39 If you have a will.

05:40 That's it.

05:41 If you don't have any paper left,

05:43 you said you need a will,

05:44 you need to have a will.

05:45 Can the owners of the will have an amicable settlement

05:48 in the division of the will?

05:49 What can they do?

05:50 Amicable settlement.

05:51 If that happens,

05:52 it's called extrajudicial settlement.

05:55 If there's no dispute,

05:56 let's divide it 20-20%.

05:58 That's okay.

05:59 It's just an extrajudicial settlement.

06:00 Just a small amount.

06:01 We'll give it to the register of deeds.

06:03 There's no case.

06:04 As long as there's no dispute.

06:05 No dispute.

06:06 If there's a dispute,

06:07 it's a case.

06:08 One example.

06:09 It's already fixed.

06:10 It's already divided.

06:11 Yes.

06:12 Suddenly,

06:13 a few weeks after,

06:14 someone came out.

06:15 A stranger's son.

06:16 I'm also a son.

06:17 He ran away.

06:18 Yes, he ran away.

06:19 We'll have a petition in court.

06:21 It's already a dispute.

06:22 It's a dispute.

06:23 It's a dispute.

06:24 What do you mean by the money you received

06:26 is tied up for 15 years?

06:28 No one should ask.

06:29 Is that true?

06:30 Is that how strict the period is?

06:31 I don't think I'm stealing.

06:32 It's not like that.

06:33 You're the lawyer, right?

06:34 It's not like that.

06:35 It's not tied up for 15 years.

06:36 The attorney didn't encounter that.

06:38 Thank you very much, attorney Jun.

06:40 It's clear.

06:41 It should be fair.

06:42 It should be fair.

06:44 Because in the law,

06:46 it should be fair.

06:48 Thank you, attorney.

06:49 Thank you.

06:50 Thank you, attorney.

06:51 Thank you.

06:52 It's Korean, right?

06:53 I don't like it.

06:54 [Music]

07:16 [BLANK_AUDIO]

Mga batas tungkol sa usaping mana o hatian ng mga ari-arian, talakayin! | Dapat Alam Mo!

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