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Three years ago, during a Mandatory Continuing Legal Education seminar, I met a former student from high school. She had attended several of the Mini Press Conferences I organized from 1984 up to 1991 for Rizal High School in Pasig and ten other public and private high schools from Metro Manila. During the MCLE seminar, we immediately recognized each other and had a good time reminiscing the good old days of the Mini Press Con.
When I asked her why she had not stopped using her maiden surname despite being married, she answered, “Pwede naman di ba?” I did not remind her of the legal provisions on surnames for married women since she defintely knew them, being a graduate of a top law school and a magna cum laude in her pre-law course. Her refusal to use her husband's surname was emotional rather than legal in nature. She said that she did not want her father's surname to disappear. (The Chinese have a saying that if you want your name to live forever, you should write a book, plant a tree or sire a son.)
Article 370 of the New Civil. Code is our country’s primary law on what surname a married can use. The said article states that a married woman may use:
(1) Her maiden first name and surname and add her husband’s surname, orPlease take note that under the Family Code provisions on legal separation, a woman is still obligated to use her husband’s surname since the marriage bonds are not severed. It is only in cases of annulment of a voidable marriage or declaration of nullity of a void marriage that a woman can regain the use of her maiden surname.
(2) Her maiden first name and her husband’s surname, or
(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as Mrs.”
Sen. Santiago’s proposed amendments allowing a woman to use her maiden surname after marriage or legal separation
Senator Miriam Defensor Santiago has filed Senate Bill 1302 which seeks to amend Articles 370 and 372 of the NCC and Article 63 of the Family Code. Essentially, Sen. Santiago wants a woman to have the right to continue using her maiden name and surname after marriage or legal separation. In her bill’s Explanatory Note, Sen. Santiago stated,
The Constitutional right to equal treatment of both men and women is one which the State endeavors to uphold. Pursuant to this, efforts have been exerted to eliminate vestiges of inequalities found in existing laws.The complete text of Senate Bill 1302 is posted below:
In Republic Act No. 386, also known as the Civil Code of the Philippines and Executive Order 209, also known as the Family Code of the Philippines, a married woman continues to be treated as a mere appendage of her husband. She is not specifically granted the option to use her maiden name and surname.
The principle of fundamental equality between men and women requires the passage of a bill of this nature. By allowing Filipino women to retain their surnames as part of their individuality, even after marriage or legal separation, we shall be eliminating yet another vestige of inequality found in our laws, and translating the constitutional edict into a tangible reality.
SECTION 1. Article 370 of Republic Act Numbered Three Hundred Eighty-six, is hereby further amended to read as follows:
“Article 370. A married woman may use:SECTION 2. Article 372 of the same Act is hereby further amended to read as follows:
(1) HER MAIDEN FIRST NAME AND SURNAME, or
(2) Her maiden first name and surname and add her husband’s surname, or
(3) Her maiden first name and her husband’s surname, or
(4) Her husband’s full name, but prefixing a word indicating that she is his wife. such as Mrs.”
“Article 372. When legal separation has been granted, the wife MAY EITHER continue using her name and surname employed before the legal separation OR HER MAIDEN FIRST NAME AND SURNAME.”SECTION 3. Article 63 of Executive Order No. 209, series of 1987, also known as the Family Code of the Philippines, is hereby amended by adding a new paragraph to be numbered as paragraph 5 and to read as follows:
“Article 63. The decree of legal separation shall have the followingI’m sure a lot of women are nodding their heads enthusiastically and expressing 110% agreement with Sen. Santiago’s proposed amendments. Please take note that Sen. Santiago proposed these amendments several years ago but her bill has not yet been passed by the Senate. Even then, the House of Representatives will still have its say on the matter.
effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right lo any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code;
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by interstate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.” AND
(5) THE WIFE SHALL HAVE THE OPTION TO CONTINUE USING HER NAME BEFORE THE LEGAL SEPARATION OR HER MAIDEN FIRST NAME AND SURNAME.
If you ask me however, I will not marry a woman who will refuse to carry my surname. Please surf to my Salt and Light blog for the reasons why I believe a married woman should use her husband’s surname
A contrary view from the NCRFW; a married woman does not have to use her husband’s surname upon marriage
In its summary of Republic Act 386 or the New Civil Code of the Philippines, the National Commission in the Role of Filipino Women website states:
The provisions of this Code on marriage and family relations had been superseded by the Family Code. However, the provisions on the use of surnames were not repealed. It provides therein (Art. 370) that married women may use (1) her maiden first name and surname and add her husband’s surname; or (2) her maiden first name and her husband's surname; or (3) her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.” This means that a married woman does not automatically lose the right to use her maiden surname by virtue of her marriage. Because of the use of the word may, the law in effect gives the woman an option. This implies, although not stated categorically, that she may also opt not to use her husband’s surname nor append her husband's surname on her maiden surname. (emphasis by boldfacing supplied)With all due respect to the NCRFW, the word “may” does not mean that the woman has the option not to use her husband’s surname after marriage. The word “may” refers rather to any of the three options that a woman has under Art. 370.
Besides, why would Sen. Santiago file Senate Bill 1302 if the NCRWF’s view is correct?
55 comments:
Dear Atty,
I got married in 1991, since then I always heard of my wife having an affair with another man. Just recently I caught her with another man and she admitted to me her affair when I confronted her. I wanted to sue her but my mercy over my 11 years old daughter overwhelms me and the fact that it maght cause her a terrible and traumatic experience. What I did is just make an arrangements with her in exchange of me not filing a case of adultery against her and her paramour.I convinced her to make an affidavit of transfer of right and assumption of obligation of our conjugal property (which we loan from pag-ibig using her name)to my sister, and execute a special powerof attorney assigning my sister to be her atty-in-fact to do all business transaction over the said property. All these documents were signed infront of a notary public with me signing in the "with marital consent" entry. These document were also submitted to the developer of the subdivision and to PAG-IBIG informing them that it is now my sister the lawful owner of the said property.My question are:
1. Have what I done is correct oris it legal in nature?
2. Does my wife's right ceases upon signing those documents? If not? What shall I do to really take away all her rights to our property due to her infidelity.
Thanks for your time atty, and hoping to hear it from you.GOD BLESS YOU ALWAYS!
1. Your wife can later on disown the documents she signed by saying that her consent was defective or vitiated. In our law on contracts, we have what are known as vices of consent, factors which negate free will or volition, such as intimidation, coercion, undue influence, etc. These factors can be cited in setting aside a contract or agreement.
2. If you do not file for declaration of nullity of your marriage, at the very least you should file for judicial separation of property under Articles 134 to 142 of the Family Code.
Hi Atty. Galacio,
Your website and tools are very helpful and am glad to have found it. I have some questions regarding the impact of the New Civil Code and the Family Code in my situation (please note the dates herein). I was married in 12/10/1986 when I was 16 yrs. old by civil ceremony, and later followed by a chruch ceremony in 12/30/1989 when I was 19. My marriage contract showed an incorrect date -- 12/30/1986 (I'm not sure if this matters, but there is definitely no ceremony on that date). My question is, does the new family code apply to me if I was to apply for a Declaration of Nullity of Marriage? I have three children in this marriage, but have been separated soon after the third child was born.
Thank you in advance and more power!
seabee
seabee,
1. A civil marriage assuming it followed all the legal requirements need NOT be followed by a church wedding. In the same way, a church wedding, if it followed all the legal requirements, need not be followed by a civil wedding.
2. When you got married in 1986, the prevailing law was the New Civil Code of the Philippines. The age requirement for marriage under the NCC was 16 for men and 14 for women.
3. The lack of a marriage ceremony does not invalidate a marriage.
4. Originally, the Family Code provided that persons whose marriages were celebrated under the New Civil Code only had ten years from August 1988 (the date when the FC became effective) within which to file for declaration of nullity of their marriage. HOWEVER, this portion of the FC has already been amended. Article 39 was amended by Executive Order 227 and Republic Act No. 8533; The phrase "However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect" has been deleted by Republic Act No. 8533 [Approved February 23, 1998].
Thus Article 39 of the FC now reads as follows: “The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.”
The amendment means that persons who got married under the NCC (like you) can even up to this day still be able to have their marriage declared null and void.
hi! is it possible to use my maiden name back. i really didnt like to use my ex husbands last name. so when i got back sa office ko. i used his last name since pinili nya ko change yung last name ko sa passport. so possible po ba to use again my maiden name?
I will assume that your marriage has not been annulled or declared null and void (you just mentioned the term ex husband without giving any specifics. If you are still legally married, you are obligated under the law to use your husband’s surname.
hi atty gerry, so to clarify this article wont apply to me? im about to cry now. hehehe!SECTION 1. Article 370 of Republic Act Numbered Three Hundred Eighty-six, is hereby further amended to read as follows:
“Article 370. A married woman may use:
(1) HER MAIDEN FIRST NAME AND SURNAME, or
(2) Her maiden first name and surname and add her husband’s surname, or
(3) Her maiden first name and her husband’s surname, or
(4) Her husband’s full name, but prefixing a word indicating that she is his wife. such as Mrs.”
SECTION 2. Article 372 of the same Act is hereby further amended to read as follows:
“Article 372. When legal separation has been granted, the wife MAY EITHER continue using her name and surname employed before the legal separation OR HER MAIDEN FIRST NAME AND SURNAME.”
thanks!
The portion you mentioned is from the PROPOSED amendment to Articles 370 and 372 of the NCC from Senate Bill 1302 of Sen. Miriam Defensor-Santiago. It has not yet been passed by the Senate, and even then, the House of Representatives will still have its say on the matter. Please take note that Sen. Santiago proposed this bill several years ago but it has not moved along in the Senate.
dear atty,
good day!
me & my bf were planning to have a secret marriage, & i'm still studying & i'm graduating. after our wedding can i still use my maiden name in the school documents?in the board exam?
thank you!
1. You are still studying and about to graduate. That means you must be below 21 or 22 years of age. If you are below 21, you need parental consent (in writing) before you can legally get married. Article 14 of the Family Code states:
In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications.
If your parents find out that you got married without the proper consent, they can file a petition in court to have your marriage nullified.
2. You are studying and about to graduate from college. What is your rush to get married? Most marriages at such a young age end in separation several years later because of the emotional, mental and psychological immaturity of the parties involved.
You may feel and think that you are so much in love and ready to take on the responsibilities of being a wife or husband. Believe me, you will have a different perspective about yourself, your boyfriend, and about getting married two or three years from now. Grow up, learn about yourself, develop your talents and skills, pursue the open avenues in terms of studies or work, become mature. Take your time, enjoy your early 20’s, establish yourself in your studies or career.
Please take time to read my Salt and Light blog article entitled “Lessons in love and life from Miriam Quiambao” dated June 22, 2008. Please follow this link:
http://-salt-and-light-.blogspot.com/2008/06/lessons-in-love-and-life-from-miriam.html
3. As I discussed in this article, a married woman is required to use her husband’s surname.
attorney.. good day po...
id just like to ask.. pano po yung rules sa pag gamit ng surname ko nung dalaga pa ko at ng sawa ko. kasi po before ang ginagamit ko ay yun sa aswa ko lng. nung mag hiwalay kami recently gusto ko po gamitin n is ksama n din apelyido ko nung dalaga ako. would it have an effect sa mga previews documents n pinirmahan ko using the surname of my husband alone.. okay lng po b kng gamitin ko n ngayon ung apelyido ko din.. pls ans back po.. thanx
attorney.. gud day po...
tatnong ko lng po.. pwede ko p b idemanda ang naging babae ng asawa ko kahit balita ko nag asawa n sya after knowing n idedemanda ko sila ng asawa ko.. ung byenan ko po pati pinag kakalat n pinikot ko lng anak nila at tinext nila ung babae n mag sinungaling sa akin at sila daw bhala n mag susutento sa kabit secretly.. nalamn ko po to kc sa kaibigan ng asawa ko bumabagsak ang mga text. mag kapreho po kasi ng name ang kabit at kaibigan ng asawa ko.. at for three yars n kasal po namin ng asawa ko never nya po inamin sa mga kasamahan at classmate nya nung college n may sawa sya.. up to now po ganun ginagawa nya.. if demanda ko po b ung babae pwede nya gamitin excuse un di pag amin sa amin ng asawa ko.. pero alam ko po n before pa alam n nya kc ako mismo nag sabi sa kanya n asawa ko n ung asawa ko.. mag best friend po kasi sila.. pls reply po.. thanx po..
ako po ung nag post about sa aswa n tinatangi ang existence ng kasal namin.. pamilya ko po kasi ang lahat lahat gumastos sa mga expenses ng pag papalaki ng aank namin at pag aaral nya nung college.. gaano kalaki po b pwede ko hingiiin for the damges.. thanx po pls ans me po..
Article 370 NCC provides that a married woman can use her maiden surname and her husband’s surname. The problem is that there might be a confusion of identity, as to whether you are the same person as that mentioned in previous documents or records.
Please read my article entitled “Adultery, concubinage and psychological violence” in this blog. If you want to file a criminal case against the woman, it would have to be concubinage under the Revised Penal Code. It is required that you also charge your husband. The problem however is as I discussed, concubinage is very difficult to prove in court.
Please read my article entitled “Adultery, concubinage and psychological violence” in this blog. In answer to one question in the Comments section, I discussed the matter of damages.
Please take note that damages are not meant to enrich the complainant or the offended party.
Please also take note that in a civil case for damages, you will be required to file docket fees which is a certain percentage of the damages you are seeking. Meaning, the higher the damages you ask for, the higher will be the docket or filing fees that you would have to pay.
Good day Attorney!
I just would like to ask on what to do about my situation. My husband and I just got married. After 1 month or two in our marriage this woman came out, claiming that she is pregnant and it's my husband's. She was even 2 months' pregnant when we got married, and now she has been circulating the story all over my family and friends. My question now is what legal action could i possibly give her inorder for her to stop all these. I confronted my husband about this and he said that woman has a live-in partner, and that it could never be his, and knowingly also this woman is malikot and malandi, and now she wants my husband to father her child. is this really possible? or does my husband have the right to decline paternity of the child knowing that that woman has multiple partners? thank you for listening and hope u can answer me.
You can file a civil case for damages against the woman using Article 26 of the New Civil Code of the Philippines. This article, specifically paragraph 2, states:
Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:
(1) Prying into the privacy of another's residence:
(2) Meddling with or disturbing the private life or family relations of another;
If your husband however had any kind of sexual relation with the woman, then he is at risk of being charged with violation of RA 9262. Please read my posts on RA 9262 (look for the links in the sidebar.)
The relevant Family Code provisions are Articles 172, 173 and 175. Your husband should not do any of these things or sign any document admitting paternity. However, if the woman is sure that the child is that of your husband, then she might try to file a petition for compulsory recognition of the child.
dear atty.
this case is not mine personally but my uncles, his been woking overseas and while away his wife was having an affair,spent all his money on drugs with her Guy. they have 3 kids all minors, the sad part is everything happened in front of the kids, the wife brings her man in their rented home and displays publicly their affection towards each other, all these happened under one roof.
Now when my uncle was confronted with this he just cried in the corner and beg his wifes lover to return her to him for the sake of the kids, eventually his wife chooses her Lover over her family.
Now my uncle has to go back abroad, somehow they were able to get his kids away from his wife, and now the kids were living with the maids everything povided for, theirs my grandma wacthing over them and my Mom visting them reguraly to check the kids.
My uncle wanted to file a case against his wife but cannot do so cause of time restrictions, he has to go back work abroad.
Now lately, my uncles wife is trying to woe her kids back, giving them cheap toys and stuff, my question is:
a) what can my uncle do legally to totally terminate his wifes right parentally over the kids -she is showing without a blink of an eye corrupting examples in front of her kids, with the lover and the drugs
b)for the time being can we simply file a complaint against her so she cannot in any way contact her kids and maybe take them away from where they are now
c) 2 of the kids are below 7years old,does my uncle have the right in the first place to take them away from their mother ?
d) for the sake of the children what is the best thing should my uncle do?
e)we believe that the youngest child needed some psychiatric evaluation for he sometimes when he sees scissors just cuts away his hair his clothes, table napkins anything he sees,and he turns over tables when his angry, the maids witnessed that my uncles wife and her lover usually uses the scissor to cut away his wifes clothes little by little in fornt of the kids, i think it has somehow had an impact on the child
I believe that the kids has been traumatized by all that had happened,my uncle doesnt have a choice but to go back abroad to work and to leave his kids under the care of my grandma.Their mother gave them a very,very bad example and nobody knows what are the impact of these to the kids.
Please help atty. merry christmas
1. Please read my posts in this blog titled “Can a mother be deprived of custody of her child?” and “Custody battles over children: what determines fitness of a parent over another? “ (look for the links in the sidebar).
2. Please read the Supreme Court decision in the case of Tonog vs. CA G.R. No. 122906, February 7, 2002. The SC ruled that a mother may be deprived of the custody of her child who is below seven years of age for “compelling reasons.” Instances of unsuitability are neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness. If older than seven years of age, a child is allowed to state his preference, but the court is not bound by that choice. The court may exercise its discretion by disregarding the child’s preference should the parent chosen be found to be unfit, in which instance, custody may be given to the other parent, or even to a third person.
3. Since your uncle is abroad, he can authorize the kid’s grandmother to file a petition under Article 231 of the Family Code to suspend or deprive the parental authority of their mother. The said article states:
Art. 231. The court in an action filed for the purpose or in a related case may also suspend parental authority if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority.
If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated.
4. Through an SPA (Special Power of Attorney) executed and sworn to before the proper officials of the Philippine embassy or consulate of the country where your uncle is working, he can authorize the grandmother to file the Article 231 petition to deprive the mother of parental authority. The grandmother will also ask the court to grant temporary custody of the kids to the grandmother while their father is abroad.
At the same time, your uncle should file a petition for judicial separation of property against the wife. Also your uncle should ask a competent notary public to prepare a document for disinheriting his wife. Please read my post “Disinheriting your spouse” (look for the link in the sidebar). If your uncle files a petition for legal separation under Articles 55 to 67 FC, the issues of separation of property, disinheritance and custody of children will be dealt with by the court.
5. If you want people to pray for your uncle and his kids this situation, please follow this link to a prayer room for men and women
http://womentodaymagazine.com/chat/share.html
Good day
I have been separated for almost 4 years but my husband still visits my daughter and sometimes provides financial assistance. I am currently in a relationship and 3 months pregnant with my boyfriend. I have a few questions..
1. Is it ok if my husband and I file a written statement that our only concern is our daughter, financial aid, etc and can freely cohabitate with our current partners.. while waiting for filing of annulment (until we have enough money to file for one)
2. When I give birth to my baby, what name will I use, can I use my maiden name? will he/she be an illigitimate child and will be deprived of all the legal benefits?
3. Is annulment granted easily if a partner will bear a child apart from another person? Is irt easier if he files the annulment instead??
4. Will I lose custody of our daughter?
5. Can I declare my future child as a dependent and can petition them if i go abroad???
PLease enlighten me . I badly need your advice
thanks
1. Please read my post titled “Can a husband and wife in a notarized document declare that they are free to marry other persons and they will not file charges against each other? (Look for the link in the sidebar). The answer is NO to your question of you and your husband signing such a document.
2. While your annulment or declaration of nullity case is still pending, any child you will have will be considered as yours and your husband’s legitimate child (not that of your present partner). Please read the 2005 Supreme Court decision in the case of Gerardo Concepcion vs. Court of Appeals and Ma. Theresa Almonte (G.R. No. 123450, August 31, 2005). Your situation will not fall under this Supreme Court decision only if you can prove that there was an impossibility for sexual relations to have occurred between you and your former husband (for example, you were in the Philippines and he was in another country).
3. You did not indicate how old your daughter is. As to custody, please read my posts titled (a) Can a mother be deprived of custody of her child? and Custody battles over children: what determines fitness of a parent over another?
4. The lawyer handling your annulment/declaration of nullity case can better advise you on what your chances are in winning your case.
dear atty,
gud evening po.medyo magulo po ang buhay ko nag start po kami magsama ng bf nung ako ay 21yrs old pa dahil buntis na po ako noon kaya napilitan kaming mgasama kahit hindi pa kami kasal.ngayon po may apat na kaming anak at hindi pa rin kami kasal.noong una po ok naman po ang pagsasama namin pero nung tumagal na nag iba na ang ugali nya. lagi na lang syang naka sigaw nag mumura. at ang masakit pa babaero pa po. gusto ko po sana makipag hiwalay na. kase ilang beses ko na rin silang nahuhuli ng babae nya. sa twing kinaka usap ko sya lagi nyang sinasabi na wala akong karapatan kase hindi naman kami kasal.ano po ba ang magiging karapatan ng mga anak ko kung sakaling maghihiwalay kami? kase wala rin naman po akong trabaho para masuportahan ko mga bata lalo na ngayon apat na sila at 2 ang nag aaral.ano po ba ang magiging karapatn ng mga anak ko sa sustento? may makukuha po ba sila kahit hindi kami kasal? may nagsasabi na kasal na sya sa gf nya ngayon kaya gusto ko po sana malaman kung ano ang habol ng mga anak ko para sa sustento nila. salamt po.
Even if your children are illegitimate, they are entitled to inherit from their father under Article 176 of the Family Code, You and your children are also entitled to financial support. Please read my post titled “Support for an abandoned woman and family” (look for the link in the sidebar). Through a Protection Order under RA 9262, you can ask the court to force your husband to support you and your children on a monthly basis, even if you are not married to the man and even if your children are illegitimate.
You can coordinate with the DSWD in your town or city so you can avail of the benefits of our Solo Parents Welfare Act. You can also ask fro free legal help from the PAO (Public Attorneys Office) or the IBP (Integrated Bar of the Philippines) chapters to help you file a Protection Order for financial support.
Hi Atty:
Me and my brother found out that our father comitted infidelity. And the worst thing is, he and his mistress have a one year old daughter and they use my dad's surname... Lam ng mistress nya na may pamilya ang tatay ko, tapos kung ano ano pa mga pinagtetext. Ano po pwedeng ifile na kaso sa tatay namin. Before he married my mom, dati na syang may anak sa una pero hindi sya kasal dun. Kami po yung legal tapos ngayon sinasabi ng mistress nya at kapatid nya na may anak sila at mag isang taon na at nakaapelyedo sa tatay namin. At gusto namin ng mga kapatid ko na mabigyan ng lesson ang tatay namin at mistress nya, pinag-abroad nya pa ang mistress nya at kami pa pinapalabas na masama... Pwede mo ba kami bigyan ng advice?
1. An illegitimate child is now legally allowed to use the surname of the biological father.
2. You can file civil and/or criminal cases under RA 9262 against your father. Please read my RA 9262 posts (look for the links in the sidebar).
good day! my partner (we're not married) just give birth last march 23, 2009. and ngfile ako ng paternity leave sa office namin kaso hindi ako pinayagan ng employer ko kc hindi pa daw ako regular employee and hindi kami kasal ng partner ko. tama po ba un?ano po pde ko gawin? thank you.
The Paternity Leave Act of 1996 (RA 8187) expressly provides in its title and in Section 2 that it applies only to MARRIED male employees.
Dear Attorney,
I have a boyfriend now who had a live in partner for 10 years. We wanted to get married this year but im afraid that his live in partner before might interfere with it because she claims that she still has rights with regards to my bf. What advise can you give to me? Can we get married with mf bf? What about his live in partner before? What am I going to do with her if she threatens to destroy our family?
ALESSANDRA
Alessandra.
Your boyfriend’s live-in partner can file RA 9262 “Anti-Violence Against Women and their Children Act of 2004” cases against him. This law applies to a wife, former wife, mistress, former mistress, girlfriend, former girlfriend, dating or sexual partner, former dating or sexual partner (even if such sexual relations did not result into pregnancy or childbirth). Please read my RA 9262 posts (look for the links in the sidebar).
Good morning attorney, ask ko lang po kung ano steps na gagawin pag itatransfer yung property ng magulang ko sa amin na mga anak nya. kasi nakaconjugal property eh gusto ng nanay ko na itransfer sa amin apat na magkakapatid sa madaling panahon.at saka kung ano pwede ko ilagay sa special power of attorney na ang nanay ko ang mgrereceieve sa retirement pay ng tatay ko at kung ipapadala ba sa ombudsman. kasi hanggang ngayon, nghahabol yung kabit nya at nananakot at kung ano mga pingtetext nya. ginugulo nya pamilya ko attorney, ako ang panganay eh sabi ng nanay ko kung pwede ilakad ko transfer ng conjugal property nila sa amin mgkakapatid. ano po gagawin ko attorney? ano po ang ififile ko attorney..isa pa yung kabit ng tatay ko, dati may asawa at nagkaanak sila duon, tapos nagkaroon sya ng panibagong lalaki bago ang tatay ko at alam nya na may pamilya ang tatay ko, tapos pinanghahawakan daw nya na ebidensya eh yung naging anak nila ng tatay ko at yung pirma daw sa live birth nya, nung kinonfront namin ang tatay ko, sabi nya finorge daw yung signature nya at hindi nya inaacknowledge na may anak sya dun sa babae na pinagpipilitan nung babae sa amin at sa mga text nya at ng magdedemanda daw sya. ano po pwede namin ifile na kaso dun sa babae attorney at sa tatay namin...kung nanay ko mgfifile eh, concubinage ba attorney? eh para sa amin ano po. please advice asap...
Please read my post titled “Adultery, concubinage and psychological violence” (look for the link in the sidebar). However, in a case for concubinage, your mother will have to file the case against the woman AND your father.
Your parents can either sell or donate to you these properties. Sale is better since the tax is much lower than the donor’s tax which is 20% of the value of the property.For free legal assistance, please contact the DOJ Action Center. The DOJAC acts on complaints, requests for assistance and legal queries of walk-in clients of the DOJ. For legal assistance please visit the Department of Justice Action Center (DOJAC) Main Office, Ground Floor, Multi-Purpose Building, Padre Faura Street, Ermita, Manila; Telephone no: 523-84-81; Email Address: dojac@doj.gov.ph or visit any Regional/Provincial/City Prosecution Offices in your town or city.
Dear Atty. Galacio,
I just have some question regarding intestate share
Intestate share Art. 1000.
What if the inheritance is not conjugal and was only inherited by my lolo to his parents?
The legal wife of my lolo (which he was married) already died with 2 legal children.
Nagkaroon po sya ng 2nd wife but not married which is still alive with her 6 siblings using my lolo's surname.
Now that my lolo already died without will n testament..pano po ang division ng inheritance?
thank you po...
When your Lolo died, everything he owned from whatever source, whether inheritance or from other sources, all of these will be inherited by his heirs.
The question is who are your Lolo’s compulsory heirs?
(1) The two legal children from the first marriage are compulsory heirs, meaning they have the legal right to inherit.
(2) Since your Lolo was not married to the second woman, the children are illegitimate. Under Article 176 of the Family Code, an illegitimate child is entitled to inherit one-half of whatever a legitimate child will get. Please read my post titled “Article 176 of the Family Code: computing the legitimes of legitimate and illegitimate children; an illegitimate child gets one-half” dated March 19, 2009.
Since your Lolo was not married to the second woman, she is not a compulsory heir, meaning she cannot inherit from your Lolo. But she is entitled under Article 147 of the Family Code to a share of whatever partnership property she and your Lolo acquired during their relationship.
Article 1000 which you cited does not apply in this situation since the “surviving spouse” must be legally married to the decedent (your Lolo).
hi atty
i would like to ask about the need to have an affidavit if i am to use both my surname and my husband's. if i were to use a hyphen, should i also have legal documents for this? at present, i use either hyphenated or his surname. should i reconcile my status in NSO first before I change my name. we are happily married but handle our legal affairs independently at present. will we have to separately file a change of status? thank you.
-new mrs
As you have read in this post, Article 370 NCC allows a married woman to use her maiden first name and surname with her husband’s surname added. Since the law itself allows a married woman to use as her surname her maiden surname and her husband’s surname, there is no affidavit necessary. HOWEVER, government agencies or offices may have certain policies with regards surnames of married women. You should clarify with these offices as to what their particular policies are.
To avoid confusion or questions about your marital status, you should update your records with the NSO, SSS, GSIS, etc.
Atty.Gerry I need to know the legal implications if A married woman is caught dating or seeing other men. Will this implicate a child custody problem? A fired of mine whom i have been trying to 'tame' does not listen.
1. Can the husband file a case and take away child custody if the evidence is merely a video or a picture of his wife and the other man?
2. Dating another men while being married- is that considered adultery under Philippine Law?
3. What is your advice- actually their marriage is kind of cold but not really legally separated. My friedn started to go out and sometimes meet some male friends in bars or coffee shops. Please advise. Thank you.
1. Please read my posts “Can a mother be deprived of custody of her child?” AND
“Custody battles over children: what determines fitness of a parent over another?” (look for the links in the sidebar).
2. “Dating another men while being married- is that considered adultery under Philippine Law?”
Please read my post “Adultery, concubinage and psychological violence” (look for the link in the sidebar) as to the Revised Penal Code definition of what adultery is.
3. Encourage your friend to seek marriage counseling. Encourage her to contact Ptr. Clem Guillermo and his wife, well-known marriage and family counselors, through their nightly radio program “Heartline” aired over DZAS 702 Khz, 10:30 to 12. I think the DZAS tel. no. is 92-11-52. Its website is http://www.febc.ph/stations/dzas/index.html . Ptr. Clem’s office is in the Back to the Bible Building, corner of West Avenue and EDSA (opposite SM City North EDSA).
Encourage your friend to watch the Kirk Cameron DVD “Fireproof” (there’s an embedded YouTube trailer in the Monday, July 20, 2009 post of this blog).
Good day, Atty.,
I need help, medyo curious kasi ako. I have a friend na may affair to a married man but this man is separated for almost 3 years now. My friend is renting an apartment now and their almost living together ksi yung guy nagvivisit vivisit lang and sometimes dun na rin natutulog and lahat ng gamit sa bahay yung friend ko po ang bumili kahit yung rent sya po ang naghahandle. The problem here is:
1.) yung wife nung guy nag message sa messenger nung friend ko and inaangkin nya lahat ng kung ano ang meron ang friend ko sa kanya daw lahat yun which i think hindi tama.
2.) i want to know kung ano mga evidences na pwede gamitin ng wife for adultery case?
3.) are the things that my friend owned puede ba yun ankinin ng wife ng kinakasama nya?
4.) and his wife also created an account sa friendster with picture ng friend ko with shout na paninirang puri. Using words na hindi dapat. anyway i can't blame here to that but its not right. what can be do?
5.) my friend found out and show a picture of the wife with his ex boyfriend dating can this photo be an evidence na pwede gamitin ng husband na may ginagawa ding milagro ung wife nya?
Atty. i need an anwer to all of those question written above. I don't want my friend na mukang tanga sa ginagawa ng wife ng bf nya. i know my friend doesn't have the right to react coz she's just a mistress but as a human/individual i think she has a right with that.
Thank you very much in advance Atty.
More Power!!!
Dear Atty.
I have known several women in honorable professions who continuously use their maiden names shown in their passports.
Is this kind of violation punishable?
Thanks,
Anna
Anna,
Probably these women have not just bothered to have their passports updated or renewed. Anyway, there is no law penalizing their use of their maiden surname despite their being married. Such will lead however to confusion as to their civil status and their records with the NSO, GSIS, SSS, etc.
Also, some husbands resent it when their wives refuse to use their surnames. Some even see it as an insult if the wife refuses to use the man's surname. This usually leads to marital conflict.
1. Adultery is a crime committed by the WIFE and her paramour. Concubinage is a crime committed by the HUSBAND and the paramour. Please read my post “Adultery, concubinage and psychological violence” (look for the link in the sidebar). Please read also the comments and my replies to the comments.
One way of committing concubinage is cohabitation (living together as man and wife). Your friend is being supported by the man, the man is being seen in that community, etc. These constitute evidence of cohabitation.
As I discussed in my post “Adultery, concubinage and psychological violence”, the wife can file a psychological violence (marital infidelity) under RA 9262 against the husband. The penalty is six years imprisonment minimum up to twelve years maximum.
2. The man is married, living in with your friend. The property relations between them are covered by Article 148 of the Family Code of the Philippines. Please take note of the second paragraph which favors the wife:
In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.
3. If and when your friend files any case against the wife, her statements and admissions could probably be used by the wife as evidence against the husband.
4. Biblically speaking, your friend is committing sin by being involved with a married man.
HI Atty. I'm glad to have seen this blog that you have. It's very informative. What makes me happy all the more about is that you offer Biblical explaination in a way that you still sound a lawyer.
Anyways, i post a comment to ask you about some things.
First, i wann tell you that we (my husband and i) is married for almost 5 MONTHS now, but we have been together of a year before i gave bith to my son who is now almost 11months old. I am pregnant when i decided to move in with him.
What happened now was, he kept on telling me that his respect has gone and that he doesnt love me anymore. Worst that he wanted us to leave in our rented apartment and then promised to give 3K a month. It almost made me laugh upon hearing it. Where can a 3K go? I am having a salary of about 20K a month and i pay all of the stuffs needed in the house(groceries/food) and for my son (milk.food,yaya,water. He pays for the rent, electricity, water, assoc dues and phone bill. What we are into is an agreement that i will pay what i need to and he will pay what he needs to pay. But the sad fact is, aside from mine is variable, i can say that my salary won;t be enough. There are times that im asking spares from him since i was short of my budget but there sprout our misunderstandings. About a month ago when he started to tell me to move out and basically he is not going home every saturday and comes back sunday. When he is here, he would just play in his computer and then worst that he is "nagmumura" when playing that our son could hear.
I have been silent about the matters he wanted me to discuss with him since he is telling me degrading things in the morning while he knew that im on my way to work. He could either knock our bathroom door while im in the shower to remind me to find the house to transfer...or he would text me sensitive issues like, he wanted me to let him go, and that he will fill an annulment. Sometimes, he would get the shirt i gave him then kunwari he decided to get another one (not came from me) then throw the shirt i gave him to bed (in my presence). He tortures me in every way he could. I knew it that he is making me feel worst that i may voluntariy leave the house and he can go own with his own sweet life. I know that he has another woman, but i refuse to dig the fact since it will just do me no good. I still am hoping that all things would be better but in everyday we see each other, its breaking my heart into pcs as i hear his comments, bagging of the door, even not getting his son no matter how my son lifts he arm for a hug or attention. I wanted to save our marriage and that i even asked him to look for a marriage counselor, yet he told me, "ayoko na". Im not perfect, so as he, the mistakes came into my senses and repented about it, but he is just too much of a self willed man that he can't lower his pride to save the family. As for now, he is putting every effort to break this family.
I have written a note once in my anger and signed it saying that I blah blah, would want to summon for support the biological father of my son etc etc... something like i state that he has to support my son and will leave the premise and that he will also not going to take my son without my consent. The purpose of this was just to threat him that we are leaving, thinking that he will ask me to calm down, but worst the bote is not here in our house and that he kept it and as he said, he had his lawyer study about it.
My question is, can this note i made and signed be a legal basis for him to file an annulment. I didnt say there that i would like an annulment. Or at any worst scenario, can these notes be an attachment to file separation?
as continuation...
He has been forcing me to tell that i made him like me and i prevented him to pursuing the woman he liked. Gosh, this is kidn of ridiculous already, but i know he must have misenterpreted every annulment blogs he read. Excuse for the word but he is (even before) slow in comprehension. e just wanted to sound brilliant at times by raising his voice and insisting what he read was right.
I have read series of blogs about annulment, can he really do that when in fact i have all the reasons to complain and not him...
Can I ask for 50% of his salary in case of legal separation?
If in case annulment would be filed, can i not sign it?
Or if ill go for an annulment, can we bind in an agreement that he will ay everything? (its him who wanted it in the first place)
I still believe that miracles happen once in a while, i just would like to confirm if Marriage counseling is the first step to annulment or any leagal separation?
(hope it is, so marriage would have a chance to be saved).
His employer is not been filing taxes for him (individually). He doesnt even have payslip, and i heard his employer is changing name, can i still say to the court that i would need his employer to give me 50% of his earnings? His boss is his cousin, im afraid they will manipulate the papers, can i still pursue with this?
Please help. More power to you sir.
“I have written a note once in my anger and signed it saying that I blah blah, would want to summon for support the biological father of my son etc etc...”
Please clarify: Is your husband the biological father of your son? Or is it another man?
1. In terms of support, please read my post “Support for abandoned woman and family” (look for the link in the sidebar). Please read also the comments and my replies to the comments. You can also download my free PDF newsletter Issue no. 004 July 31, 2008 on the issue of support from www.familymatters.org.ph
Essentially, through a Protection Order, the court will order your husband and his employer to set aside a certain percentage of his salary to be remitted directly to you and your children on a monthly basis. If your husband and/or his employer fail to do so, they can be charged with contempt of court.
You cannot simply state that you want 50% of his salary. The Family Code provides that amount of support is balanced between the necessities of the person asking for support and the financial capability of the person from whom support is being asked. This means that you have to present proof as to what your needs are and what your husband’s financial capability is.
Support shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.
2. Your husband’s actions (verbal abuse, for example) are in the nature of “psychological violence” for which you can charge him under RA 9262 “Anti-Violence Against Women and Their Children Act of 2004”. Please read my RA 9262 posts (look for the links in the sidebar).
3. That note you wrote by itself cannot be made the basis to have your marriage declared null and void. Please read the “Frequently Asked Questions” section of www.familymatters.org.ph for my discussion of what “psychological incapacity” is all about. For example, the Supreme Court has ruled that marital infidelity or adultery by itself is not a ground for declaring a marriage null and void. “Irreconcilable differences” are not also a ground for declaring the marriage null and void. Please read my post “Amy Perez case: Psychological incapacity in annulment of marriages” (look for the link in the sidebar).
- continued -
- continuation -
If in case annulment would be filed, can i not sign it?
This is a misconception on the part of a lot of Filipinos. The “annulment papers” people refer to is the court summons (“patawag ng husgado”) for a person (like your for example) to file an Answer to the petition for declaration of nullity. Even if you do not sign the receipt for the summons, the petition can continue. The procedure is like this:
- Your husband files a petition for declaration of nullity.
- The court sheriff or process server will go your house and deliver the court summons to you.
- Even if you refuse to sign the receipt for the court summons, the sheriff or process server will issue a certification that you have been given a copy of the summons; if you are not at home when the summons is brought there, the sheriff or process server will give it to any adult person there.
- Once you have received the summons, then you need to retain the services of a lawyer who will defend your rights.
When you sign the receipt for the summons, this does NOT mean that your marriage is automatically declared null and void. The “annulment papers” you are referring to is an order from the court for you to file your Answer to the petition. There will still be hearings and the court may or may not grant your husband’s petition for declaration for nullity.
In your Answer, you can ask for support from your husband among other things.
4. The Supreme Court has ruled that “every doubt must be resolved in favor of the validity of the marriage.” If and when your husband files a petition for declaration of nullity, during the pre-trial conference or the hearings, you can manifest through your lawyer that you are willing to make the marriage work. The judge will exert every effort for reconciliation between you and your husband.
5. You should seek marriage counseling. Please try to contact Ptr. Clem Guillermo and his wife, well-known marriage and family counselors, through their nightly radio program “Heartline” aired over DZAS 702 Khz, 10:30 to 12. I think the DZAS tel. no. is 92-11-52. Its website is http://www.febc.ph/stations/dzas/index.html . Ptr. Clem’s office is in the Back to the Bible Building, corner of West Avenue and EDSA (opposite SM City North EDSA).
1. Adultery is a crime committed by the WIFE and her paramour. Concubinage is a crime committed by the HUSBAND and the paramour. Please read my post “Adultery, concubinage and psychological violence” (look for the link in the sidebar). Please read also the comments and my replies to the comments.
..........
Atty. how is it possible that his wife has the right to all the things my friends have? The guy is not supporting my friend, my friend has her own means of income and everything she have has a proof that she's the one who bought those stuff b'coz she use her CC for buying.
What case could the wife can file against my friend?
In your own opinion, as a man, if your wife is hiding something like picture of her & her ex-bf dating and accompanying her to her tournament, and the wife keeps telling her friends that she's already single and she's looking for a guy to date. Like what is on her profile account - status - single, looking for relationship, dating man, what possible act should a husband do? Can he use it against her wife if in case his wife will a case on him & his mistress?
hope you can help me with this.
Thanks a lot & Gobless!
More Power Atty.!!
Your narration is a little bit confusing. I will presume that you are speaking about your friend who is involved in a relationship with a married man. The wife can file either an RA 9262 case against the man alone, or if there are grounds for it, she can file a concubinage case against the man and your friend. Please read my post “Adultery, concubinage and psychological violence” (look for the link in the sidebar). Please also read the comments and my replies to the comments.
The wife’s actions that you described (describing herself as single, looking for a man, etc) can be termed as “recrimination” or “mutual guilt.” While recrimination can be used as defense in a case for example of legal separation, I doubt if it can be used as a defense in an RA 9262 case. Moreover, using recrimination is a double-edged sword; the man would be admitting that he is guilty of the martial infidelity, while he still has to prove the guilt on his wife’s side.
Your narration is a little bit confusing. I will presume that you are speaking about your friend who is involved in a relationship with a married man....
..... Thanks a lot for your help Atty., I do appreciate your time reading my question and so to the others who wants some answer to their concerns.
Godbless & more power!
Hi Attorney,
This is the case which my son is facing. Two weeks ago, a written complaint was filed against my son(19 years old last August 25) in the barangay where we belong, asking for child support for a child born last August 31, 2009 to his ex-girlfriend. My son told me that sometime in the third week of December 2008 when he was alone at home, the girl who lives several blocks away came to our house and it was then that the sex act happened. My son also told me that the girl told him that she has a previous boyfriend from which she has broken-up with in November and that they also had sex prior to their breakup. Now I am counting the months and I computed that if the girl gave birth in August 31 and my son got her pregnant, the child must be premature because if the child is full term then it is not my son’s child. Basically, my concern is that the girl is pinning my son for the child which is not his. The case is still with the Barangay and the Captain warned me that if not settled there, the case might escalate into a rape case filed by the girl against my son. The girl, by the way, is a minor of 17 years of age. I would like to seek your advice on how to proceed with the case. If ever it is proven that my son is the father, can my son be required to give child support even if he is not capable, being a student? Are we as parents liable to give child support in lieu of our son?
Please advise.
Thank you in advance.
I already answered your e-mail.
kasal po ako, hiwalay for 10 yrs na. (not legally separated). may kinakasama ako ngayon at nagkaroon ng dalawang anak sa kaniya. sa birth certificate ng mga bata, apelyido ng tatay ang ginamit, apelyido sa pagkadalaga ang nilagay ko. may nabasa akong sagot nyo sa comment "any child you will have will be considered as yours and your husband’s legitimate child (not that of your present partner)."
ano po ang magiging effect nito sa akin legally?
apat po ang anak ko, yung dalawa, apelyido ng legal kong asawa,
yung dalawa apelyido ng ka live in ko ngayon.
sa trabaho ko bilang teacher, may scholarship ang mga anak sa school na tinuturuan ko, may kaso po ba kung yung apat na anak ko ay mag kakaiba ng apelyido?
wala po akong magawa dahil ayaw pumayag ng ka live in ko na hindi nya apelyido ang gamitin ng mga anak nya.
please help atty.
Please read my post “If a wife gets pregnant by a man not her husband, will the child be legitimate or illegitimate?” (look for the link in the sidebar).
As to the possible effects on the scholarship of your children, you have to look into the terms and conditions of the scholarship.
My wife went abroad using her previous husband Surname (previous husband was deceased). Left me with our 2 kids.
We are married, what legal implications would this have?
Incase anything happens to her abroad (may God forbid) will our kids still have the rights for her benefits?
JustaDAD,
I already answered your e-mail.
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