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Graft and Corrupt Practices: Ghost Projects

In the recent case of People of the Philippines v. Dante Manzano De Guzman (G.R. No. 274863 and 275057-59), July 2, 2025), the Supreme Court upheld the conviction of former Quezon City District III Councilor Dante Manzano De Guzman for graft involving more than Six Million Pesos (PhP6,000,000.00) worth of ghost projects.

WHO ARE CAPACITATED TO MAKE A WILL?

A will is an act whereby a person is permitted, the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death. The making of a will is a strictly personal act; it cannot be left in whole or in part to the discretion of a third person, or accomplished through the instrumentality of an agent or attorney. (Articles 783 and 784 of the Civil Code)

The Supreme Court Decides: A strict and rigid application of the rules which would result in technicalities that tend to frustrate rather than promote substantial justice must be avoided.

The Supreme Court clarified that the requirement of indicating the material dates in the petition is separate from the requirement that the petition be timely filed, as both must be complied with.

Distribution of Assets in Nonstock Corporation Undergoing the Process of Dissolution

Section 86 of the Revised Corporation Code provides that a nonstock corporation is one where no part of its income is distributable as dividends to its members, trustees, or officers: Provided, That any profit which a nonstock corporation may obtain incidental to its operations shall, whenever necessary or proper, be used for the furtherance of the purpose or purposes for which the corporation was organized.

Legal Consequences of Legal Separation

The Family Code protects the rights of spouses and children by providing a structured mechanism for legal separation This allows couples to address marital breakdowns caused by abuse, abandonment, or other serious grounds.

It allows spouses to live separately, regulates property and donations, ensures support and child custody, and safeguards inheritance and legal identity. While it does not dissolve the marriage, legal separation offers practical relief and legal remedies to the innocent spouse, emphasizing fairness, protection, and the welfare of children.