Daily Serving of Legal Matters

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...

Article 176 of the of Executive Order Number 209 or otherwise known as The Family Code of the Philippines specifically mentions that: "Illegitimate children shall use the SURNAME and shall be under the parental authority of their mother, and shall be entitled to support in conformity with the Family Code.  The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child." This provision of law states two things.  One is with regard to the surname of the mother that shall be used by the illegitimate child and the other is all about the share of each of the illegitimate child in the estate of her/his parents. However, with the enactment of Revilla Law or Republic Act Number 9255 in 2004, the provision on article 176 of the Family Code of the Philippines has been amended allowing the illegitimate children to use the SURNAME of their FATHER. A picture of a Certificate of Live Birth taken from bing images. Who would be...

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...

BASTARD!  This is the word that is mostly uttered by the people despising a child that is born out of marriage.  It may be painful to hear it but it is reality.  Illegitimate child is something that brands a person of inferior status.  As a matter of fact, when it comes to sharing of property, the share of an illegitimate child is half to that of the legitimate child.  Though one may ask that it is not the fault of an illegitimate child, but  it is the law. A child was considered to be illegitimate at common law if the parents were not married to each other at the time of the child's birth even though the parents were married later http://legal-dictionary.thefreedictionary.com/Illegitimate+children .   Fortunately, there is a way on which an illegitimate child can become legitimated.  Once he becomes legitimated, he shall enjoy all the rights and privileges granted and provided to legitimate child.  Thus, in the eyes of l...