• Annulment and other Family Related cases

    Things to consider in Child Custody

    Things to consider in Child Custody In custody cases, the supreme importance is the good and well-being of the child. Common rule is custody of a child under 7 year of age the mother is preferred. Exception: In case there are convincing causes, custody may be deprived and allowed to a different person under Article 214 of the Family Code. Convincing causes for a mom to lose custody: negligence; abandonment; joblessness and immorality; habitual drunkenness; drug addiction; ill-treatment of the child; insanity; affliction with a communicable illness. Under the Philippine laws, together parents of a legal child have parental rights over their child. This includes custody of the child. A…

  • Annulment and other Family Related cases

    ESSENTIAL REQUISITES OF MARRIAGE: Marriage Ceremony

    No prescribed form or religious rite for the solemnization of marriage is required. (Art. 6) The couple’s written agreement where they declare themselves as husband and wife, signed by them before a judge and two capable witnesses, even though it was independently made by them, still counts as a valid ceremony. [Martinez v Tan, (1909)] Minimum requirements prescribed by law: (AP-PMS)(1) Appearance of contracting parties personally before the solemnizing officer [Art. 3](2) Personal declaration that they take each other as husband and wife. [Art. 3](3) Presence of at least two witnesses of legal age. [Art. 3](4) The declaration shall be contained in the Marriage certificate. [Art. 6](5) Marriage certificate shall…

  • Annulment and other Family Related cases

    ESSENTIAL REQUISITES OF MARRIAGE:Consent freely given

    People v. Santiago, (1927): A marriage entered into by a person whose real intent is to avoid prosecution for rape is void for total lack of consent. The accused did not intend to be married. He merely used such marriage to escape criminal liability. Eigenmann v. Guerra (1964): There was no reasonable and well-grounded fear of an imminent and grave evil upon him or his property, father-in-law’s words were merely an admonition typical of concerned parents.

  • Annulment and other Family Related cases

    ESSENTIAL REQUISITES OF MARRIAGE: Age Legal Capacity [Art. 5]

    Male or female 18 years old and above, not under any impediments mentioned in Art. 37 (incestuous marriage) & Art. 38 marriage against public policy), may contract marriage. Must be male and femaleJones v Hallahan, (1973): Application for marriage license was denied since marriage is defined by law as a contract entered into between a man and a woman. Goodridge v. Dept. of Public Health, (20 03): Same-sex couples should not be denied the same benefits as heterosexual couples; the right to marry includes the right to choose who to marry. Silverio v Republic, (2007): Changing of gender in one’s birth certificate was denied; otherwise, it would resultin confusion and…

  • Annulment and other Family Related cases

    Family Code of the Philippines:Requisites of a Valid Marriage

    Art. 1, FC. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. KINDS OF REQUISITES(1) Essential Requisites (Art. 2)(a) Legal Capacity of the contracting parties, whomust be a male and a female(b) Consent (of the parties) freely given in thepresence of a solemnizing officer.(2) Formal Requisites…

  • Adoption

    Domestic Adoption (Step-by-step procedure) RA8552

    1. Pre-Adoption Counseling/ Seminar Adoptive Parents are required to attend a seminar or fora at the DSWD to help then assess their motivation. 2. Filing an Application Adoptive Parents files an application for adoption at the DSWD after completing the seminar or fora. 3. Declaration of the child as Abandoned (Optional)If efforts to locate the biological parents shall fail, the child shall be registered as foundling. The child shall then be a subject to legal proceedings to declare him/her abandoned and ready for adoption. 4. HomestudyAdoptive parents make arrangements for Homestudy to beconducted by DSWD or child-placing agency. If the adoptive parents residing abroad, the Homestudy shall only be conducted…

  • Adoption

    Adoption : Requirements and Supporting Documents

    For prospective adoptive parents1. Homestudy Report2. Authenticated birth certificate;3. Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal Separation documents;4. Written consent to the adoption by the legitimate and adopted sons/daughters, and illegitimate sons/daughters if living with the applicant, who are at least ten (10) years old;5. Physical and medical evaluation by a duly licensed physician; and when appropriate, psychological evaluation;6. NBI/Police Clearance;7. Latest income tax return or any other documents showing financial capability, e.g. Certificate of Employment, Bank Certificate or Statement of Assets and Liabilities;8. Three (3) character references, e.g. the local Church/Minister, the employer, and a non-relative member of the immediate community who have known the applicant(s)…

  • Adoption

    Who can Adopt a Filipino Child?

    1. Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s parent; 2. Any alien possessing the same…

  • adoption
    Adoption

    What is Adoption?

    ADOPTION is a social and legal procedure of giving a stable family to a child whose parents have voluntarily or involuntarily surrendered parental authority over the child. Adoption is for a child who cannot be raised by their birth parent and who need a new and permanent family. It offers equivalent mutual rights and obligations as the same as between children and their biological parents. It includes of social work and other professional services that are required in the placement of children in adoptive families. Children whose parents are either gone or incapable to function as parents need the safeguard of the State. Care of the child requires adequate study…

  • Annulment and other Family Related cases

    Domestic adoption in the Philippines

    RULE ON ADOPTION A. DOMESTIC ADOPTION Section 1. Applicability of the Rule. – This Rule covers the domestic adoption of Filipino children. Section 2. Objectives. – (a) The best interests of the child shall be the paramount consideration in all matters relating to his care, custody and adoption, in accordance with Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally, and the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption. (b) The State shall…