Legal Question in Family Law in Philippines

Re: Spouse Said I owe her brother money

Under Philippine contract law, a person cannot be bound by a contract to which he is not a party. Thus, provided that you did not sign the contract of lease, you cannot be held liable for the unpaid lease rentals.

Please note however, you have an obligation under Philippine family law to provide support for your family, which of course, includes the cost of habitation. Moreover, if you were married after 1988 when the new Family Code took effect, you and your wife are governed by a property regime called "absolute community of property". Under this regime, the debts and obligations of one spouse are the debts and obligations of the other spouse. If your wife is able to prove that the $20,000.00, while not used to pay for rent,was actually used for other expenses necessary for the support of your children (i.e. education, clothing, food) then you may be found liable to share in the same.

The defenses available to you are (i) to establish that the $20,000.00 were more than sufficient to cover all the expenses for support and require your wife to provide an accounting of where the funds were spent, so that you can contest the validity of the expenses and (ii) to ask for a contribution form your wife insofar as the family expenses, due to the provision of law that both spouses (not just the husband) are jointly liable for the support of the family. Thus, your wife had a corresponding obligation to share in the support.

Moreover, since the lease contract was signed in the Philippines, American courts have no jurisdiction to enforce the same in any action involving the enforcement of the same. They should file a case in the Philippines which is the situs of the contract. Even assuming they obtain a judgment against you in the Philippine courts, they will have great difficulty enforcing the same against you unless you have assets in the Philippine territory.