• 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…

  • 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…

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    Annulment and other Family Related cases

    Foreign Divorce : Recognition in the Philippines

    Under Philippine jurisdiction, divorce is not an option of ending the validity of a marriage. Even if a divorce decree is validly acquired by a Filipino in a foreign country, will not in effect dissolve his marriage. On the other hand, it shall be different in case of marriages between a Filipino and a foreigner and the divorce decree was obtained by the foreigner spouse.Paragraph 2, Article 26 of the Family Code of the Philippines provides:“Article 26. xxxWhere a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce decree is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the…

  • Annulment and other Family Related cases

    Legal Separation vs. Annulment of Marriage

    Legal Separation vs. Annulment of Marriage In legal separation, the husband and wife are still considered married to each other, and, thus, barred from marrying again.   Is legal separation faster and cheaper than annulment?   No. The petitioner in a legal separation, just like in an annulment, is still required to prove the allegations contained in the petition. More important is the mandatory 6-month “cooling off” period in legal separation cases. This is not required in annulment or declaration of nullity cases. The court is required to schedule the pre-trial conference not earlier than six (6) months from the filing of the petition. This period is meant to give…