Mediation: Reaching Its Potential In Family Law Cases Hon. Justice Nimfa Cuesta-Vilches Assistant Court Administrator Supreme Court of the Philippines Manila Family law case mediation is a form of alternative dispute resolution in a private forum before a case is filed in court or a court-annexed one that is discussed in this article whereby an [...]
Archive for the 'Family and Property Law' Category
Mediation: Reaching Its Potential In Family Law Cases
Published by July 15th, 2007 in Family and Property Law and Obiter/News. 0 CommentsCustody of children is one of the most intense aspects in family litigation. A custody battle could be an independent case or a mere incident in an annulment/separation case. Here are some basic matters relating to custody. In custody disputes, what is the paramount criterion? The paramount criterion in custody disputes is the welfare and [...]
Annulment in the Philippines: Questions and Answers (Part 2)
Published by June 27th, 2007 in Annulment and Legal Separation. 79 CommentsOne of the more popular posts in this Forum is Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers. It’s time we collate other common issues relating to this topic. When we speak of the “annulment process”, we’re using it in a general sense to include both a petition for annulment and a [...]
Rule on Legal Separation
Published by April 19th, 2007 in Annulment and Legal Separation. 13 Comments(The Rule on Legal Separation, covered in A.M. No. 02-11-11-SC, took effect on March 15, 2003 following its publication in a newspaper of general circulation) RULE ON LEGAL SEPARATION SECTION 1. Scope. – This Rule shall govern petitions for legal separation under the Family Code of the Philippines. The Rules of Court shall apply suppletorily. [...]
Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers
Published by January 11th, 2007 in Annulment and Legal Separation. 362 CommentsThere are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines: Is divorce allowed under Philippine laws? No, divorce is [...]
Presumptive death of a spouse for subsequent marriage
Published by November 18th, 2006 in Family and Property Law. 27 CommentsThe Family Code clearly provides that a court declaration of presumptive death of a spouse is indispensable before the other spouse may marry again. Failure to comply with this requirement results not only in a void second marriage, but also opens the guilty spouse to a criminal charge of bigamy. Article 41 of the Family [...]
Common-law marriage (live-in relationships) in the Philippines
Published by November 4th, 2006 in Family and Property Law. 23 CommentsMoney is [one of] the root[s] of all kinds of relationship problems, says an article at the Family Relationships site. In my modest years of law practice, I can say that among the most bitter confrontations (in and out of court) relate to property/money/inheritance issues between members of the family.
Steps and Procedure in Annulment and Declaration of Nullity of Marriage
Published by September 30th, 2006 in Annulment and Legal Separation and Litigation and Labor Law. 73 CommentsYou thought you’ve found your perfect match. You thought your marriage is bound to last forever, or, at the very least, until the last breath. You’ve thought wrong, you say, and you now think of seeking legal remedy to end your marriage. Here are “steps” or suggestions in deciding whether to step out of the [...]
Infidelity of the mother in child custody cases
Published by September 27th, 2006 in Family and Property Law. 26 CommentsIs infidelity sufficient to deprive a mother of custody over her child? The law categorically provides that no child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Article 213, Family Code). In other words, the law presumes that the mother is the best [...]
What’s in a name? Change of name without going to court
Published by September 22nd, 2006 in Family and Property Law. 35 CommentsA name, according to the Supreme Court in a 2005 case, has two parts: (1) the given or proper name and (2) the surname or family name. The given or proper name is that which is given to the individual at birth or at baptism, to distinguish him from other individuals. The surname or family [...]
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