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.
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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]