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2nd, October, 2018

Strictly Privileged and Confidential

Prohibitions Once Family Home is Constituted

and Exception/s to the Prohibition

Mrs. Volta Pangkalawakan , one of the heirs of the Pangkalawakan spouses, to institute sale of their
family home, disposition of the possession and other remedies in relation to their family home,
including the removal of the relatives living therein , in any court of law which may have jurisdiction
over the case, such family home.

RE: Legal opinion in respect of the Disposition of Family Home and Legal Removal of the Occupants
Living Therein

Case : Pangkalawakan v. Makapangyarihan-Pangkalawakan

Dear Mrs, Pangkalawakan,

I am rendering this opinion on the facts you have disclosed to me.

The opinion given is anchored to substances and stipulations of law, and we express no personal feelings
nor personal opinions with regard to any system of law other than the Philippine laws .

We assumed that:

(a) Mrs. Volta Pangkalawakan has the requisite capacity and right to institute sale and disposition of
their family home and perform its obligations as one of the legal heirs of the Pangkalawakan
spouses;

(b) Removal of the relatives living therein would not prejudice any vested rights since Darna
Makapangyarihan-Pangkalawakan ( respondent) is only the wife of the deceased Kapitan
Pangkalawakan and not a beneficiary of the Family Home under the law ,

(c) The contention of Darna Makapangyarihan-Pangkalawakan that her daughter Maria Labu
Makapangyarihan-Pangkalawakan, minor and legal beneficiary gave them the capacity to claim
that the Family home cannot be disposed since there is still a beneficiary living in it, is not the
only requisite that should be considered for not disposing the Family Home,

(d) the Representations and the Agreements are legal, valid, binding and enforceable under
Philippine law ( Family Code).

Legal Basis:

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