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Relevant articles from Legal Updates blog

Adultery, concubinage, marital infidelity and psychological violence

Divorce obtained abroad by a Filipino citizen against alien spouse recognized in the Philippines

Filipino divorced by spouse (former Philippine citizen) can remarry under Article 26 of the Family Code

Even if Filipinos get married abroad where divorce is legal, they cannot later on get a divorce that is recognized here in the Philippines

The Amy Perez case: Psychological incapacity in annulment of marriages

Sexual infidelity or promiscuity does not constitute psychological incapacity

"Irreconcilable differences" not a ground for declaring a marriage null and void

Financial support for abandoned woman and family

If husband and wife have not seen each other for more than seven years, does it mean that their marriage is already void?

Miss, Ms, or Mrs? Philippine law on surnames for married women

Can a husband and wife in a notarized document declare that they are free to marry other persons and they will not file charges against each other?

Custody battles over children: what determines fitness of a parent over another?

Can a mother be deprived of custody of her child?

What happens in an annulment case if the respondent fails to file an Answer?

Can you legally force your spouse to live with and to love you?

Primer on RA 7877 or the “Anti-Sexual Harassment Act of 1995”

A primer on the Newborn Screening Act of 2004

A primer on RA 8972 or the Solo Parents’ Welfare Act of 2000

Can an unwed mother avail of the benefits of the Solo Parents Welfare Act?

Legal definition of "death"

Laban o Bawi : Parents’ obligations in handling their children’s property

When a family member is a drug dependent

Family Code of the Philippines: Primer on the property relations between husband and wife

Primer on the Family Code of the Philippines: Absolute community of property

Primer on the Family Code of the Philippines: Donations by reason of marriage

Family Code of the Philippines: Primer on legitimation

Family Code of the Philippines: Primer on illegitimate children

Family Code of the Philippines: Primer on paternity, filiation and legitimate children

Family Code of the Philippines: Primer on legal separation

Family Code of the Philippines: Primer on the family and family home

Family Code of the Philippines: Primer on void and voidable marriages

Family Code of the Philippines: Primer on marriage

Primer on RA 9262 or the "Anti-Violence Against Women and their Children Act of 2004"

Hope and help for the battered woman (2): RA 9262 essential provisions

Hope and help for the battered woman (3): RA 9262 Protection Orders

The "Battered Woman Syndrome" as defense

Mediation not applicable to domestic violence cases

Where to get free legal assistance:

The various chapters of the Integrated Bar of the Philippines (IBP) provide free legal assistance to the public. IBP chapter offices are often found in the Hall of Justice of cities or of the provincial capitol.

Free legal assistance is also provided by the Public Attorneys Office (PAO), a government agency under the Department of Justice.

For labor problems, you may seek advice and help from the Public Assistance and Complaints Unit (PACU) of the Department of Labor and Employment in Intramuros, Manila; tel. no. 527-8000.

For RA 9262 and other cases involving women, you can ask for help from the following offices:

Department of Social Welfare and Development (DSWD) Crisis Intervention Unit (CIU) Rehabilitation Unit Tel. No.: (02) 734-8635 NCR Ugnayang Pag-asa, Legarda, Manila Tel. Nos.: (02) 734-8617 to 18

Philippine National Police (PNP) Women and Children’s Concern Division (WCCD) Tel. No.: (02) 723-0401 loc. 3480 Call or text 117 (PATROL 117)

National Bureau of Investigation (NBI) Violence Against Women and Children’s Desk (VAWCD) Tel. Nos.: (02) 523-8231 loc. 3403

DOJ Public Attorney’s Office Women’s Desk Tel. Nos.: (02) 929-9010; 929-9436 to 37

Philippine General Hospital (PGH) Women’s Desk Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

Women’s Crisis Center Women and Children Crisis Care and Protection Unit – East Avenue Medical Center (WCCCPU-EAMC) Tel. Nos.: (02) 926-7744; 922-5235

Relevant articles from Salt and Light blog (on relationships, marriage and family)

Lessons in life and love from Miriam Quaimbao

Relationship tips for Shalani (and other single men and women)

Getting married? Take a look at what "covenant marriage" is

How to save your marriage alone

Boundaries in Marriage

Oldies but Goodies: Ten Commandments for Wives and Husbands

Why Marriages Fail: He said, She said ...

Communication: Key to your Marriage

"Sad Movies Always Make Me Cry"

Surviving Marital Infidelity

Marital infidelity: causes, consequences and conclusions

“Are you ready? Let’s get it on!” Marriage: The Ultimate Fighting Championship

All about women: Move over, Jang Geum!

Do wives really want husbands to share their feelings and thoughts with them?

Emotional word pictures as a communication tool for increasing intimacy between husbands and wives

Hate Eight? Eight kinds of husbands and wives

Love Potion No. 9

Rights and obligations between husband and wife from the Biblical standpoint and that of the Family Code

Ruffa, Ylmaz, TV Patrol, divorce and remarriage by Filipinos

The only exercise some people do is jumping to conclusions: Mind reading and negative interpretations

Transformers: Why do persistent suitors become passive husbands?

Why do men think the things they think, say the things they say, and do the things they do?

Hope and help for the battered woman (4): Emotional abuse / psychological violence

Hope and help for the battered woman (5): Biblical response to abuse; evangelical Christians are best husbands – University of Virginia study

Free PDF newsletters on legal issues available for download

How to become a Christian

Who is God? What is man? Who is Christ? Repent and believe

Gospel

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Frequently Asked Questions    

For a discussion of relevant issues, please surf to the blogs Legal Updates and Salt and Light. You can also download free PDF newsletters on various legal issues.

If my children and I are abandoned by my husband (or live-in partner), how can I get financial support from him?

Please read my Legal Updates blog post Support for abandoned woman and family.

Through a Protection Order under RA 9262 “Anti-Violence Against Women and Their Children Act of 2004”, the court will order your husband (or live-in partner) and his employer to set aside a certain percentage of his salary to be remitted directly to you and your children on a monthly basis. If your husband (or live-in partner) and his employer fail to do so, they can be charged with contempt of court.

The Family Code does not provide a specific percentage of the monthly salary for the support. It only provides that the amount of support is balanced between the necessities of the person asking for support and the financial capability of the person from whom support is being asked. Support will be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient (the abandoned woman and her children) and the resources or means of the person obliged to furnish the support. Please read also Hold Departure Orders for OFWs under RA 9262.

My father died leaving some properties to my mother and three children, including me. How can we divide up his properties? What are the respective shares?

You and your fellow heirs can simply ask a lawyer to draw up a deed of extra-judicial settlement of your father's estate. You can then have it notarized, and then have the notice published in a newspaper of general circulation once a week for three weeks. After you pay the corresponding taxes, you can then present the deed, the notarized affidavit of publication and the official receipts, to the Register of Deeds so that new titles can be issued to your names (assuming of course that your father left real properties).

Your mother gets one-half of the estate as her conjugal share. The remaining half will then be divided among your mother, you and your two other siblings. (But nothing prevents heirs from giving up their share of the inheritance, or from choosing and getting a lesser amount. For example, instead of getting the farm in the province, one of the heirs may choose to get as inheritance the brand new car.)

Please read the following Legal Updates blog posts:

Heirs and inheritance (Part 1): If your spouse dies without a last will, who will inherit?

Heirs and inheritance (Part 2): Legitimes, free portions, and intestate shares

Heirs and inheritance (Part 3): Rights of illegitimate children when their parent dies without a last will

Heirs and inheritance (Part 4): Who inherits from an illegitimate child?

Heirs and inheritance (Part 5): The right of legitimate children to inherit

Heirs and inheritance (Part 6): Settle the estate of your deceased spouse before marrying again

Heirs and inheritance (Part 7): Is property acquired before marriage the exclusive property of each spouse or does it belong to both spouses?

Heirs and inheritance (Part 8): Do inherited properties belong exclusively to the spouse who inherited them or to both spouses?

Heirs and inheritance (Part 9): Last will must be probated; Preterition (when a compulsory heir is omitted in a last will)

Heirs and inheritance (Part 10): Can nephews and nieces inherit from their grandparents, unmarried aunts or uncles?

Heirs and inheritance (Part 11): Disinheriting children and descendants, legitimate as well as illegitimate

Heirs and inheritance (Part 12): Disinheriting your spouse

Heirs and inheritance (Part 13): When a man is married to or living in with several women successively or simultaneously, who has the right to inherit from him?

Heirs and inheritance (Part 14): Article 176 Family Code: how to compute the inheritance of legitimate and illegitimate children; An illegitimate child gets only 50% of what a legitimate child is entitled to

Heirs and inheritance (Part 15): Who inherits from a man or woman who died single and with no last will?

My husband has an affair with his officemate. Can I charge him with adultery?

No, you cannot charge your husband with adultery. Under the Revised Penal Code, adultery is a crime committed by a wife and her paramour. The case you should file can either be (1) concubinage against your husband AND the other woman, or (2) psychological violence against your husband alone under RA 9262 “Anti-Violence Against Women and Their Children Act of 2004”.

Please read my Legal Updates blog post Adultery, concubinage, marital infidelity and psychological violence (read also the comments and my replies to the comments).

What is the so-called single parent leave under Republic Act No. 8972 “Solo Parents’ Welfare Act of 2000”?

Section 8 of Republic Act No. 8972 states that “in addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.” Please take note of the phrase “in addition to leave privileges under existing laws.”

The Implementing Rules and Regulations of RA 8972 state:

Section 18. Parental Leave – In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year. The seven-day parental leave shall be non-cumulative.

Section 19. Conditions for Entitlement of Parental Leave – A solo parent shall be entitled to parental leave provided that:

(a) He/She has rendered at least one (1) year of service whether continuous or broken at the time of the effectivity of the Act;

(b) He/She has notified his/her employer of the availment thereof within a reasonable time period; and

(c) He/She has presented a Solo Parent Identification Card to his/her employer.

Section 20. Non-conversion of Parental Leave – In the event that the parental leave is not availed of, said leave shall not be convertible to cash unless specifically agreed upon previously. However, if said leave were denied an employee as a result of non-compliance with the provisions of these Rules by an employer, the aforementioned leave may be used a basis for the computation of damages.

Section 21. Crediting of Existing Leave – If there is an existing or similar benefit under a company policy, or a collective bargaining agreement or collective negotiation agreement the same shall be credited as such. If the same is greater than the seven (7) days provided for in the Act, the greater benefit shall prevail.

What if there are already benefits under company policies or provisions of the CBA? Can the parental leave still be availed of? The question that should be resolved is: Are the benefits similar to or greater than the parental leave under RA 8972? If not, then such benefits under company policies or CBA provisions cannot be credited under Section 21.

Companies, in seeking ways to save on costs and expenses, sometimes refuse to grant the solo parent leave. They claim that that there are existing or benefits similar to the solo parent leave under company policies. If you are a solo parent working for a company that refuses to grant the solo parent leave by claiming that Section 21 of the IRR is applicable, then you should seek the help of the Public Assistance and Complaints Unit of the DOLE. The PACU will help you file a complaint and then call you and your employer to a mediation/conciliation conference. If nothing comes out of the conciliation, the PACU will endorse your complaint to the National Labor Relations Commission.

What is the difference between adoption and simulation of birth?

Adoption is the legal process by which a child becomes the legitimate child of the adopting person/s. The law which governs domestic adoption is Republic Act 8552 or the Domestic Adoption Act of 1998.

Simulation of birth on the other hand occurs when a childless couple, for example, comes into possession of a baby or child, given to them by a midwife, an unwed mother or a relative, and this couple then applies for a birth certificate, making it appear that the baby or child is their biological offspring. Under RA 8552, simulation of birth is a criminal offense punishable by eight years imprisonment and a fine of fifty thousand pesos.

Please surf to my Salt and Light blog for the procedures in petitions for adoption.

My husband found out that our marriage certificate is not on file with the National Statistics Office. He said that our marriage is therefore not valid, and that he can get married to another woman. Is my husband correct?

Your husband is wrong. The lack or absence of a marriage certificate (or contract) in the files of the NSO does not make your marriage invalid. The marriage certificate (or contract) is not an essential or formal requisite for the validity of a marriage under the Family Code.

The marriage certificate is a powerful documentary evidence of the existence of your marriage. Even then, however, the existence or validity of your marriage can be proven by other evidence - the marriage license, the testimony of the officiating minister and the witnesses, wedding pictures, etc.

Should your husband therefore insist on getting married again, you can charge him with bigamy under the Revised Penal Code.

What are the rights of illegitimate children?

Under Republic Act 9255, Article 176 of the Family Code has been amended, allowing illegitimate children to use the surname of their father "if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. The father, however, has the right to institute an action before the regular courts to prove non-filiation during his lifetime."

Also, whatever a legitimate child gets in terms of inheritance, the illegitimate child is entitled to one-half. For example, if the legitimate child gets one hundred thousand pesos as his share in the inheritance, the illegitimate child gets fifty thousand pesos.

Please take note that even if the child is using the biological father's surname under RA 9255, the child is still illegitimate. Thus, sole (exclusive) parental authority belongs to the mother. What the biological father has is visitation right.

Please read the following Legal Updates blog posts:

DNA testing to prove legitimacy or illegitimacy of children; Supreme Court’s New Rule on DNA Evidence

Visitation rights over illegitimate children

What surname should illegitimate children use? Problems and issues with RA 9255 and its implementing guidelines

Article 176 of the Family Code: computing the legitimes of legitimate and illegitimate children; an illegitimate child gets one-half

If a wife gets pregnant by a man not her husband, will the child be legitimate or illegitimate?

My boyfriend and I are both above 21 years of age, and we want to get married, with our parents' consent. But the Local Civil Registrar won't issue a marriage license because my boyfriend can't produce his birth certificate. What can we do?

Please point out to the LCR the last portion of Article 12 of the Family Code which states,

"The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. "

Is there any difference between annulment and declaration of nullity of marriage?

Under Articles 35 up to 54 of the Family Code, some marriages are considered either void or voidable. Technically speaking, annulment refers to the legal action declaring void those marriages considered as voidable (that is valid until annulled). On the other hand, declaration of nullity refers to those marriages considered as void from the very beginning.

In laymen's language, however, annulment is often used as a generic term for the legal action concerning both kinds of marriages.

What is the difference between divorce and declaration of nullity?

In divorce (which is non-existent in the Philippines), the grounds or reasons for such arise during the marriage. In declaration of nullity of a marriage (as provided for by the Family Code), the grounds or reasons are already existing even before the marriage, but such grounds may have manifested themselves only during the marriage.

In practical effect, however, both divorce and declaration of nullity of a marriage allow the former spouses to get married again to other persons.

What is psychological incapacity?

Article 36 of the Family Code provides, "A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization."

The Supreme Court in the case of Santos vs. Court of Appeals stated, "psychological incapacity under Article 36 of the Family Code is not meant to comprehend all possible cases of psychoses. It should refer, rather, to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage. Psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability."

The Supreme Court expounded, in greater detail, in Republic v. Court of Appeals what psychological incapacity is:

(1) The burden of proof to show the nullity of marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.  This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family.  Thus, our Constitution devotes an entire Article on the Family, recognizing it as the foundation of the nation. It decrees marriage as legally inviolable, thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be protected by the state. The Family Code echoes this constitutional edict on marriage and the family and emphasizes their permanence, inviolability and solidarity.

(2) The root cause of the psychological incapacity must be a) medically or clinically identified, b) alleged in the complaint, c) sufficiently proven by experts and d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological not physical, although its manifestations and/or symptoms may be physical.  The evidence must convince the court that the parties, or one of them, was mentally or physically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof.  Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists.

(3) The incapacity must be proven to be existing at the time of the celebration of the marriage. The evidence must show that the illness was existing when the parties exchanged their “I do’s.” The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto.

(4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage like the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in diagnosing illnesses of children and prescribing medicine to cure them but may not be psychologically capacitated to procreate, bear and raise his/her own children as an essential obligation of marriage.

(5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.  Thus, mild characteriological peculiarities, mood changes, occasional emotional outbursts cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage.

(6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision.

Sexual infidelity, per se, however, does not constitute psychological incapacity within the contemplation of the Family Code. It must be shown that respondent Manuel’s unfaithfulness is a manifestation of a disordered personality which makes him completely unable to discharge the essential obligations of the marital state and not merely due to his ardent wish to have a child of his own flesh and blood.

An unsatisfactory marriage, however, is not a null and void marriage.

Mere showing of irreconcilable differences and conflicting personalities in no wise constitutes psychological incapacity. As we stated in Marcos v. Marcos: Article 36 of the Family Code, we stress, is not to be confused with a divorce law that cuts the marital bond at the time the causes therefore manifests themselves. It refers to a serious psychological illness afflicting a party even before the celebration of the marriage. It is a malady so grave and so permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume.

In Barcelona vs. Court of Appeals, a 2003 case, the Supreme Court stated,

"The obvious effect of the new Rules providing that expert opinion need not be alleged in the petition is that there is also no need to allege the root cause of the psychological incapacity. Only experts in the fields of neurological and behavioral sciences are competent to determine the root cause of psychological incapacity. Since the new Rules do not require the petition to allege expert opinion on the psychological incapacity, it follows that there is also no need to allege in the petition the root cause of the psychological incapacity.

"Science continues to explore, examine and explain how our brains work, respond to and control the human body. Scientists still do not understand everything there is to know about the root causes of psychological disorders. The root causes of many psychological disorders are still unknown to science even as their outward, physical manifestations are evident. Hence, what the new Rules require the petition to allege are the physical manifestations indicative of psychological incapacity."

Please read the following Legal Updates blog posts:

The Amy Perez case: Psychological incapacity in annulment of marriages

Sexual infidelity or promiscuity does not constitute psychological incapacity

“Irreconcilable differences” not a ground for declaring a marriage null and void

What happens in an annulment case if the respondent fails to file an Answer?

For the legal procedures and steps, please read:

Supreme Court Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages

What are the effects when a marriage is declared null and void under Article 36 of the Family Code?

Articles 50 up to 54 of the Family Code provide for the effects when a marriage is annulled or declared null and void. Among others, the children are considered as legitimate, and their presumptive legitimes must be given to them before the judgment can become final.

What is the difference between legal separation and declaration of nullity?

The grounds or reasons are different, and more importantly, in legal separation, the spouses are not allowed to get married again to other parties. The wife also still has to use her husband's surname. (Practically no one therefore wants to file for legal separation; almost everyone in marital troubles will choose to have his or her marriage declared null and void.)

Can I get married to my first cousin?

No, you cannot. You are related to your cousin by four civil degrees. This kind of marriage is prohibited by public policy (Article 38 of the Family Code).

From you to your father or mother, that is one degree. From your father or mother, to your grandparents, that is another civil degree. From your grandparents to your uncle or aunt, that is another degree. And from your uncle or aunt to your first cousin, is another degree, making a total of four degrees.

How can I have my birth certificate corrected?

For change of first name, and for correction of minor clerical errors, you can simply file an administrative petition with the Local Civil Registrar of your place of birth or residence, under Republic Act 9048, also called the "Guinigundo Law."

For substantial errors, however, like errors in birthdates, gender, etc. you will have to file the proper petition with the Regional Trial Court of the place that issued your birth certificate.

Free PDF newsletters on legal issues available for download

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