Daily Serving of Legal Matters

Just today, a friend of mine sent me a message on whether his friend could marry a woman who is separated from her husband for 20 years. The woman is married.  This fact remains whether she was separated from her husband for 20 years.  Separation, be it legal or not, does not severe the marriage knot. Legal separation does not entitle any spouse to get married anew.  He/She is only separated from the board and lodging from his/her spouse.  The fact of their marriage is not erased. Moreso, if the couple is only separated in fact.  No matter how long the couple is separated from each other, their marriage remains. To marry the woman in this situation, the former marriage must have been annulled or declared null and void as the case may be. If the whereabouts of the husband cannot be known despite the effort of the wife, the latter may simply file a petition for presumptive death of the former in the proper court.  Once her husband is presumptively declared as...

I had a client who was separated-in-fact with her husband for 18 years.  In fact, her husband already cohabited with 2 different women. Allegedly, her husband was able to contract another marriage. She was asking on whether their separation for 18 years would be a ground for annulment. To answer the query of my client, we have to examine what has been provided by our laws. In the Family Code of the Philippines, there are instances provided on which the marriages shall be void from the very beginning or the marriages shall be declared annulled.  Only those grounds provide by the Family Code shall be considered and nothing else. In the said Family Code, the following marriages shall be VOID from the beginning: 1. Those contracted by any party below 18 years of age even with the consent of parents or guardian; 2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith ...

Yesterday, a walk-in client, a widower, sought a legal advice about the property he inherited from his parents. He would like to sell said property for his personal consumption. However, his children objected the idea saying that said property is a part of the absolute community property of their parents.  It is true that said property was inherited by the widower after he got married to his wife. According to the Family Code of the Philippines, the community property shall consist of ALL the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter (Article 91). Further, the Family Code provides what are EXCLUDED from the community property. These are the EXCLUSIVE PROPERTY of either spouse.  These are: 1. Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the c...

This image is taken from windows7supportnow.com via Google. Happy New Year! It is the first day of work in 2015. First case I advised this day was all about support. Allegedly, an illegitimate child was abandoned by his father, physically and financially. Photo credit to fanathepurp.co.za via Google. In this regard, my first post this year would be focused on SUPPORT. Questions like support on illegitimate child and the amount of support shall be addressed. The Family Code  of the Philippines, specifically Article 194, provides what comprises support. Thus: “Support comprises everything indispensable for SUSTENANCE, DWELLING, CLOTHING, MEDICAL ATTENDANCE, EDUCATION AND TRANSPORTATION, in keeping with the financial capacity of the family. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority.  Transportation shall include expenses...

A photo taken from chronicle.com. "X" is a father of a 2-year old baby girl.  He and the mother of their baby were former live-in partner here in General Santos City.  They were supposed to get married, however, his common-law wife had eloped with another man.  Worse, she brought with her their baby girl.  Thus, "X" came to our office and asked some advice whether he could have custody over their common child. The baby girl of "X" is an illegitimate child.  She is an illegitimate child because she was born while her parents are not yet married.   According to the Family Code of the Philippines, an illegitimate child shall be under the parental authority of the mother.  The same law does not even provide an instance where the father could take custody of an illegitimate child. The law does not even state the option for the child to select upon reaching the age of 7 between the father and the mother. This is true also even i...

Photo grabbed from google.   In the previous post, it was discussed in passing the circumstances on which marriage may take place in the brink of death.  Yes, death is not a hindrance for a couple to realize their dreams of saying "I DO" before one or both them die. It is even one of the exemptions provided by the Family Code of the Philippines as to the Marriage License. This marriage is called as marriage in articulo mortis.  Marriage in articulo mortis is one where the party/ies is/are at the point of death.  It does not contemplate of a scenarios wherein the parties are exposed in the danger of death. In marriage in articulo mortis, it is not necessary that one or both parties shall die after the marriage.  The marriage remains valid if the party in the point of  death survives.  What is important is that at the time of marriage, a point of death exists. The following are the situations provided by the Family Code where a m...

In this post, one would learn the definition of a family as provided by the Family Code of the Philippines.   Likewise, it is enumerated herein who are the members of the family and what would happen if suits may be filed between members of the same family. What is the legal definition of a family? The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. What would govern the family relations? The family relations are governed by law and NO custom, practice or agreement destructive of the family shall be governed. Who are members of the family or are included in the family relations? Family relations include those: 1.       Between Husband and Wife; 2.     Between Parents and Children; 3.     Among other Ascendants and Descendants; and 4.     Among Brothers and Sisters, whether of the full or half-blood. Are...

This post will explain the validity of the donation of spouse to his/her wife/husband during the marriage.  It will also provide the instances on which any donation may be perfectly legal.   What are donations by reason of marriage? Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses.   Meaning only those donations that are made prior to the celebration of the marriage are being considered in this definition. May the husband donate to his wife during the marriage? Or may the wife donate to her husband during the marriage? No.   Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void. What is the exception to the prohibition of donation between spouses during the marriage? Although spouses are prohibited to donate to each other during the marriage, this prohibition...

If the spouses are not married to each other, how would be their property governed? When a man and woman, who are capacitated to marry each other, live exclusively with each other as husband and wife WITHOUT the benefit of marriage or under a VOID MARRIAGE, their wages and salaries shall be owned by them in EQUAL SHARES and the property acquired by both of them through their work or industry shall be governed by the RULES ON CO-OWNERSHIP. What is the presumption of the properties acquired while the common law spouses lived together? The properties acquired while the common law spouses lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in EQUAL shares. Can a party encumber or dispose his/her share in the property without the consent of the other? Neither party can encumber or dispose his/her share in the property acquired during the cohabitation and owned in common without the consent of...