Happy New Year! (One Law Blog A Day Starts Now)

My New Year's Resolution is to write one law blog a day. :)

I am starting this year with sharing two basic concepts that I always remind my listeners in our radio program Batas ng Bayan at the Radio Mindanao Network.

NUMBER 1. Agreements should be in writing.

Not because no one is worthy of trust but because memory often fails us. Even simple loan contracts like I will pay the 100 pesos that I borrowed three months from now with no interest may cause confusion if not written down. The date of payment may be an issue. Whether or not there is an interest may become a bone of contention. The amount may also become a source of argument. But when the loan agreement is written down and signed by both parties it at least minimizes the possibility of discord.

Also some transactions should be in writing in order to have a binding effect. The rate of interest for example in loan agreements. A sale of real estate if not in writing is also unenforceable. These are just two transactions that requires that they be in writing. :)

NUMBER 2. Conversion of the husband to Islam without the other spouse converting to the same faith will not qualify him to marry another.

The application of P.D. 1083 or the Code of Muslim Personal Laws of the Philippines will not apply to their marriage if only the husband converts. It requires that both spouses convert into the Islamic faith.

The usual case in our jurisdiction is that a husband converts to Islam and marries another in a Muslim rite. This is contrary to law and can make him liable for bigamy, concubinage and even violation of R.A. 9262. :)

This is it for today. Happy New Year! If you have any topics that you want me to discuss do send me an email at psychefontanilla@gmail.com or post them in the comment portion of this blog. :)