The 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 […]
Tag Archive for 'family-code'
Presumptive death of a spouse for subsequent marriage
Published by November 18th, 2006 in Family and Property Law. 4 CommentsEffects of Foreign Divorce on Filipino Spouse
Published by November 7th, 2006 in Annulment and Legal Separation. 0 CommentsOn 17 July 1987, shortly after the signing of Executive Order No. 209 (Family Code), Executive Order No. 227 was also signed into law, amending, inter alia, Article 26 of the Family Code. As so amended, it now states:
ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force […]
Common-law marriage (live-in relationships) in the Philippines
Published by November 4th, 2006 in Family and Property Law. 2 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.
Under the Family Code of […]
Infidelity of the mother in child custody cases
Published by September 27th, 2006 in Family and Property Law. 6 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 custodian,which […]
Legal Support for the Child and R.A. 9262
Published by July 22nd, 2006 in Litigation and Labor Law, Family and Property Law and Criminal Law. 3 CommentsThrough all the family cases that we’ve handled, we’ve come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/separation/property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it’s easily understandable that custody […]
Divorce and Annulment in the Philippines
Published by July 21st, 2006 in Annulment and Legal Separation. 19 CommentsSome Filipinos want and do get married outside the Philippines. There’s nothing really strange with this, except when they say that the reason is for convenience in getting a divorce abroad. This is strange for two main reasons:
1. Divorce is not recognized under Philippine laws. If you’re a Filipino, it doesn’t matter where you […]
