Family Code of the Philippines: Instances when there is Delivery of Presumptive Legitimes
1. Re-appearance of former spouse (Articles 102 (5), 43(2))Art. 102. Upon dissolution of the absolute community regime, thefollowing procedure shall apply:(5) The presumptive legitimes of the common children shall bedelivered upon partition, in accordance with Article 51.Art. 43. The termination of the subsequent marriage referred to inthe preceding Article shall produce the following effects:(2) The […]
Family Code of the Philippines:Legal Separation (Bed and Board Separation)
Legal separation in the Philippines is a legal remedy that allows married couples to live separately without dissolving the marriage bond. Governed by Articles 55 to 66 of the Family Code, it is also known as bed and board separation — meaning the spouses are entitled to live apart and separate their property, but the […]
Family Code of the Philippines:Rights and Obligations between Husband and Wife
Art. 68. The husband and wife are obliged to live together, observemutual love, respect and fidelity, and render mutual help and support. This is really a declaration of policy The 3 duties of the spouses to each other are:1. Live together2. Observe mutual love, respect, and fidelity3. Render mutual help and support Article 68 is […]
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 […]
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 […]
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 […]
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 […]
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 […]
Recognition of Foreign Divorce in the Philippines: Basic Guide
General legal information on recognition of foreign divorce A foreign divorce decree is not automatically recognized in the Philippines. In situations involving a Filipino spouse and a foreign spouse, court action may still be necessary before the divorce is given effect under Philippine law. Why Recognition Is Usually Needed Philippine courts do not automatically treat […]
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 […]