APRIL 1-7, 2011

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Duty to disclose community and separate property in divorce

THERE is a natural tendency among divorcing parties to hide Atty. Kenneth their assets Ursua Reyes from their spouse. This is a common problem that I have observed from practicing law for many years. A common question I hear from clients is my spouse doesnt know I have an account in this bank, do I have to let him/ her know of this account? Parties to a divorce proceeding have a duty to disclose financial information to each other. This duty arose based on Californias policy (1) to marshal, preserve, and protect community and quasicommunity assets and liabilities that exist at the date of separation so as to avoid dissipation of the community estate before distribution, (2) to ensure fair and sufficient child and spousal support awards, and (3) to achieve a division of community and quasicommunity assets and liabilities on the dissolution or nullity of marriage or legal separation of the parties as provided under California law. To promote the above public policy, the family code requires a full and accurate disclosure of all assets and liabilities in which the parties have or may have an interest be made in a divorce or a legal separation, regardless of the alleged characterization of the property as either community or separate. Parties are also required to disclose all income and expenses of the parties. The parties also have a continuing duty to update and augment that disclosure to the extent that there has been a material change to their financial position. The purpose of the duty to augment and update the disclosures is so that at the time the parties enter into a settlement agreement, stipulated divorce judgment, or trial, each party will do so with full and complete knowledge of all relevant underlying facts of the case. The disclosures are made by the parties by serving each other with a preliminary declaration of disclosure and a final declaration of disclosure. The preliminary declaration of disclosure should be served within 60 days of serving the divorce, separation, or nullity petition. The commission of perjury on the preliminary

Organ donation awareness in the Philippines

HOW TO SAVE A LIFE

Barristers Corner

FOR a country composed for transplants performed from says Dr. Rica Juarez-San Diego, primarily of people with 1997 to 2004 showed that singlehead of the program and a conservative and traditional organ transplants have a general certified international transplant Filipino values, it is difficult to success rate of 80 percent. procurement manager. initiate a discussion about organ Kidney and pancreas For those who are interested to declaration of disclosure may be grounds for setting donation. Most are not even transplants, in particular, have the become a LifeShare donor, you may aside the judgment in addition to other remedies comfortable discussing funeral highest five-year survival rates apply for a LifeShare Organ Donor available under the law. The preliminary declaration arrangements openly, so the with 80 percent to 90 percent; liver Card at the Medical Citys Organ of disclosure is not filed with the court but only subject of organ donation is an transplants have 73 percent to 78 Donor office or check the donor exchanged by each party. The preliminary declaration even more sensitive matter. Filipinos percent success; lung transplants option on the back of your drivers of disclosure shall set forth 1) the identity of all assets are a compassionate bunch and about 45 percent to 52 percent; and license. and liabilities which the declarant may have an interest would always welcome doing a heart transplants about 68 percent. The card is a testament that regardless of the characterization of community, quasi- good deed but because of cultural Now in the Phiippines, organ you wish to donate your organs apprehensions, misinformation or donation outfits such as the Medical upon your death in order to benefit community, or separate property; 2)The declarants lack of information, they are driven Citys LifeShare Program, working anothers life. However, LifeShare percentage in the asset or liability; 3) the declarants to believe misconceptions and alongside the Integrated Program encourages that you inform your characterization of the asset or liability. In addition, thus stay off the topic as much as on Organ Donation, Inc. and the family or your next of kin of your the declarant shall also provide the other party with possible. Human Organ and Tissue Transplant intention. Your family or next of kin a completed income and expense declaration. The For years organ donation has Program, are more determined than will be asked upon your demise to declarations may be amended without permission been improving and saving peoples ever to promote awareness and sign a consent form for donation. from the court. lives in other countries. Advances education on organ donation and It is estimated that 35 percent of The parties shall serve each other with a final in surgical techniques, organ give those with end-stage organ potential donors do not undergo declaration of disclosure at the time the parties enter preservation and the development failure a chance to have a new lease the process because family into a settlement agreement, stipulated divorce of more effective drugs for on life. members have refused to give preventing rejection have increased To create a community consent. judgment, or if the case goes to trial, at least 45 the success rate of all types of organ that is open-minded toward You have the power to save a days prior to the first assigned trial date. The final and tissue transplants. organ donation, this community life. Visit The Medical City at Ortigas declaration of disclosure shall include (1) All material According to the Organ should have an environment and Avenue, Pasig City, Metro Manila facts and information regarding the characterization Procurement and Transplant mindset that is mature, wellor call (632) 635-6789 or (632) 631of all assets and liabilities(2) All material facts and Network in 2007, the survival rates informed, selfless and altruistic, 8626. information regarding the valuation of all assets that are contended to be community property or in which it is contended the community has an interest. (3) All material facts and information regarding the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability.(4) All material facts and information regarding the earnings, accumulations, and expenses of each party that have been set forth in the income and expense declaration. The parties may agree to mutually waive the final declaration of disclosure requirement but not the preliminary declaration of disclosure. A party who fails to comply with the above FIRST BOEHRINGER INGELHEIM (PHIL.) / US REUNION ON MARCH 26, 2011 AT ANTIOCH, CALIFORNIA. Left Photo: (Back row, from left to right) requirements may face a motion to compel from the complying party and may be ordered to pay sanctions Anabelle Quiazon, Rita Cabrera, Oscar Cabrera, Rose Esquilona Gapiz, Ben Avellana, Mae Dizon Perez, Jun Perez. (Front row, from left to right) Host of the events: Joji Sayo & Ernesto B. Sayo Jr., Verne Quiazon, Edgardo Cabrera, Joy Jimenez Salerno, Danny V. Marco. by the Court.
*** Attorney Kenneth Ursua Reyes was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He has extensive CPA experience prior to law practice. LAW OFFICES OF SEATTLEOn March 26, 2011, five member KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kureyeslaw@aol.com; organizations of Gabriela USA, Samahan ng Kababaihan Website kenreyeslaw.com.  (Advertising Supplement) (SAMAKA) and BABAE San Francisco, Pinay sa Seattle,

Gabriela-USA celebrates anniversary and milestones in building Filipino womens power

Filipinas for Rights and Empowerment (FiRE) New York and Sisters of Gabriela Awaken (SiGAw) Los Angeles came together to hold their second National Chapter Council meeting to assess their accomplishments in 2010 and plan their advancement for the next year. National Chapter Council members represented their organizations of Filipino women who consist of mothers, working women, professionals, and students. The National Council reviewed their organizational growth in 2010 and their main campaign IVOW v. VAW (Violence Against Women), which reached and moved hundreds of women in their homes, schools, and communities-- to pledge to raise their voices against the the different forms of violence inflicted on

Repair Costa Mesa urges City Council to rescind layoff notices

COSTA MESA Costa Mesa residents released an ad recently focusing on the misplaced priorities in Costa Mesa. A group of concerned citizens, Repair Costa Mesa, is calling on the City to rescind layoff notices issued to 213 employees last week. Its time for Mayor Monahan start listening to the residents who elected him and immediately rescind the layoff notices at the next City Council meeting, resident Greg Ridge said. The group released an ad, available at repaircostamesa. com. Repair Costa Mesa is a group of concerned citizens and community leaders who have joined together to protect our City from the City Council members misplaced priorities.

women. On March 29, 2011, GABRIELA-USA across the US celebrates their 2 year anniversary and the successes of the last year which include:Successful Launch of IVOW vs. VAW (Violence Against Women) in 4 Major Cities in the US 33% growth in membership and formation of SAMAKA- an association of Filipina mothers, elders, and working women Mobilizing over 50 members and allies to the Montreal International Womens Conference held in August 2010 Forwarding a truly internationalist perspective in building sisterhood and solidarity across the globe, GABRIELA USA was instrumental in organizing the Montreal International Womens Conference (MIWC) and the formation of the International Womens Alliance in Canada and also participated in the International Alliance of Migrants and Refugees activities in Mexico. GABRIELA members throughout the US also joined the event.