Non-Appearance in Annulment Cases in the Philippines: What It Means
Free legal information When a party does not appear in an annulment case, it can affect how the court handles notices, hearings, and the presentation of evidence. This guide explains the usual issues people should understand. What non-appearance usually means Non-appearance usually means one party did not attend a scheduled hearing or did not take […]
Child Support in the Philippines: How Support Is Usually Determined
Free legal information Child support is meant to help meet a child’s needs. The amount and arrangement usually depend on the child’s needs and the parents’ actual ability to provide support. What child support usually covers Child support commonly relates to food, shelter, clothing, schooling, transportation, medicine, and other reasonable needs of the child. What […]
Presumptive Death in the Philippines: What It Means and How It Works
Family Law Guide Presumptive Death in the Philippines: What It Means and How It Works A spouse who has been absent for many years leaves the other in a difficult position. Philippine law provides a remedy through presumptive death — a legal recognition that allows the present spouse to remarry under certain conditions. Legal Consultation […]
Things to consider in Child Custody
Understanding Child Custody Laws for Illegitimate and Legitimate Children Illegitimate children are those conceived and born outside of a valid marriage. The laws surrounding parental custody and authority for these children are more straightforward – custody generally falls to the mother. This rule applies regardless of whether the child is a minor or not. However, […]
Understanding the AP-PMS Requirements: A Comprehensive Guide to Marriage Laws in the Philippines
Marriage laws in the Philippines offer unique flexibility in their approach, as indicated by Article 6. Unlike many global jurisdictions, Philippine matrimonial law does not mandate a particular form or religious ceremony for a marriage to be solemnized. The simplicity of a written agreement, signed between the couple in front of a judge and two […]
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 […]
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 […]
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 […]
Civil Code of the Philippines: Surnames
Surnames are important for identification. Surnames identify the family to which aperson belongs (transmitted from parent to child). A name is a word or a combination by which a person is known or identified (Republicvs. Fernandez) Characteristics of Surnames1. Absolute – intended to protect from confusion2. Obligatory3. Fixed – can’t change at one’s leisure4. Outside […]
Civil Code of the Philippines:Emancipation and Age of Majority (RA 6809)
REPUBLIC ACT NO. 6809AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS,AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, ANDFOR OTHER PURPOSESSec. 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, ishereby amended to read as follows:“Art. 234. Emancipation takes place by the attainment of […]