Raychelle Pacheco Law Office

25/12/2022

21/12/2021

We wish you the compliments of the season and advise that our office will be closed starting Thursday, 23 December 2021 until 02 January 2022. We will re-open Monday, 03 January 2022, 9 am.

30/06/2021

AVAILMENT PERIOD OF ESTATE TAX AMNESTY HAS BEEN EXTENDED UNTIL JUNE 14, 2023.

What is estate tax?

Estate tax is a tax imposed on the right of transferring properties of a deceased person to his rightful heirs. This is different from real property tax ("Amilyar") which is being collected annually by the local government.

What happens if estate tax is not paid?

1. Properties belonging to the estate may not be transferred to the heirs or third parties without proof of payment of estate taxes. Thus, without said proof of payment (and eCAR from BIR), the Certificate of Title of the decedent cannot be cancelled. Consequently, no new Transfer Certificate of Title can be issued to the heirs.

2. Tax due shall be subjected to further interests (12% per annum) and surcharges (25%). Thus, it is imperative that payment and filing of the Estate Tax Return be made within six months from the decedent’s death.

DISCLAIMER: Free information and forms provided herein should not be substituted for sound legal advice by an authorized attorney on any legal problems.

12/05/2021

EVEN DEBTORS WHO ARE IN DELAY HAVE RIGHTS.

Pursuant to SEC Memo Circular No. 18 Series of 2019, financing and lending companies, including third party collection agents are prohibited from conducting unfair collection practices such as:

Use of threat of violence or other criminal means to harm the physical person, reputation, or property of any person;

Use of obscenities, insults or profane language which amount to a criminal act under applicable laws;

Disclosure of the names of credit cardholders who allegedly refuse to pay debts;

Threat to take any action that cannot legally be taken;

Communicating or threat to communicate to any person false credit information, including failure to communicate that a debt is being disputed;

False representation or deceptive means to collect any debt or to obtain information concerning a cardholder;

Contacting the cardholder at unreasonable/inconvenient times, i.e., before 6:00 a.m. or after 10:00 p.m., unless the credit cardholder has given express permission to do so or account is past due for more than 15 days;

Contacting persons in the borrower's contact list other than those named as co-makers or co-guarantors.

Violation of this circular shall subject such financing and lending companies to the following penalties:

First Offense: Financing Companies: P25,000
Lending Companies: P50,000

Second Offense: Financing Companies: P50,000
Lending Companies: P100,000

Third Offense: At the discretion of Commission, a fine of not more than 1 Million pesos, or suspension of operations, or revocation of Certificate of Authority to Operate.

***DISCLAIMER: Free information and forms provided herein should not be substituted for sound legal advice by an authorized attorney on any legal problems.

12/05/2021

SC modifies interpretation of psychological incapacity as ground to nullify marriage under Article 36 of the Family Code of the Philippines.

Psychological incapacity is not a medical but a legal concept. It need not be a mental or personality disorder. It need not be a permanent and incurable condition. Therefore, the testimony of psychologist or psychiatrist is not mandatory in all cases. The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage.

***DISCLAIMER: Free information and forms provided herein should not be substituted for sound legal advice by an authorized attorney on any legal problems.

09/05/2021

HAPPY MOTHER'S DAY!

In a patriarchal society, it is hard for women to speak or take action against marital injustices, if they happen to face any. It is necessary for a married woman to be aware of her legal rights. Hence, we bring to you a detailed list of legal rights that a married woman is entitled to.

These are some of the important legal rights every married woman should know:

***DISCLAIMER: Free information and forms provided herein should not be substituted for sound legal advice by an authorized attorney on any legal problems.

18/04/2021

Due to the threat of Covid19 pandemic, please be informed that our law office will no longer accept walk-ins.

You may message us to book an appointment. Alternatively, legal consultation may done via video conference.

Thank you for your understanding.

- RP Law Office

13/04/2021

Legal Separation is not the same as Annulment.

***DISCLAIMER: Free information and forms provided herein should not be substituted for sound legal advice by an authorized attorney on any legal problems.

09/04/2021

DEBUNKING this FAKE Advertisement

1. Separation, no matter how long, cannot be a ground for annulment of marriage.

2. Annulment definitely REQUIRES hearing. Appearance of the petitioner may be required for identification and authentication of evidence. BUT pwedeng hindi mag-appear PHYSICALLY ang petitioner PROVIDED a motion to conduct hearing via videoconference (on meritorious ground like travel restrictions due to pandemic) has been duly granted by the court.

3. If ever makareceive ng document showing na annulled na ang marriage after availing their services, ito lang ibig sabihin niyan:
a. Fake ang document
b. May sindikato sa PSA na humugot ng record mo. But if you will countercheck sa Local Civil Registry, walang entry of judgment ng annulment case ang naka register.

4. Walang kasiguraduhan ang pag grant ng annulment dahil depende pa din sa strength of your evidence.

Please spread awareness at marami nang nabubudol dito lalo mga OFWs. Scam ka na sa pera, pwede ka pang makasuhan ng Bigamy if ever magpapakasal ka ulit.

***DISCLAIMER: Free information and forms provided herein should not be substituted for sound legal advice by an authorized attorney on any legal problems.

09/04/2021

Citizenship

Article IV of the 1987 Constitution

***DISCLAIMER: Free information and forms provided herein should not be substituted for sound legal advice by an authorized attorney on any legal problems.