tag:blogger.com,1999:blog-18260617.post115967813452902450..comments2023-06-09T23:24:58.079+08:00Comments on Legal Updates on the Family Code Philippines and relevant matters: Financial support for abandoned woman and her childrenAtty. Gerry T. Galaciohttp://www.blogger.com/profile/17233852101336409722noreply@blogger.comBlogger115125tag:blogger.com,1999:blog-18260617.post-40797931146433762362010-04-02T09:04:34.606+08:002010-04-02T09:04:34.606+08:00Yes, you will have to shoulder the DNA testing exp...Yes, you will have to shoulder the DNA testing expenses. But you can ask for reimbursement from the man once it is proven that he is the father.<br /><br />There are only about three institutions in the Philippines which conducts DNA testing. One is St. Luke’s Hospital. If I am not mistaken, DNA testing costs around Php 30,000.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-27641364854362592772010-03-30T10:02:03.853+08:002010-03-30T10:02:03.853+08:00the RA 9262 i file is criminal case po for support...the RA 9262 i file is criminal case po for support. if we undergo DNA testing i will be the one po b mag shoulder ng DNA test. do u have idea how much is the DNA test.<br /><br />thanks po ulitAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-56588934106170166942010-03-30T09:07:15.437+08:002010-03-30T09:07:15.437+08:00[1] What kind of RA 9262 case did you file? If you...[1] What kind of RA 9262 case did you file? If you filed a criminal case of psychological violence, then it would not matter if you became pregnant or not. Ask your lawyer to file immediately either a Motion for Reconsideration with the fiscal or a petition for review with the Department of Justice. You can also ask for help from the government offices (DSWD, NBI, etc) which I listed in the sidebar.<br /><br />[2] If you filed a criminal case of economic abuse under RA 9262 and the fiscal dismissed it because of the question on paternity, you still have a remedy. You can file a civil case or petition for compulsory recognition of your illegitimate child. In this petition, you will ask the court to order the man to undergo DNA testing to determine if he is the father of your child. If he is the father, then the court will order him to provide support to you and the child. (If the DNA test proves he is the father, then you can probably re-file the RA 9262 case.)Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-64305892383576293242010-03-29T09:27:42.694+08:002010-03-29T09:27:42.694+08:00Good day atty.
I am in a common law marriage for...Good day atty. <br /><br />I am in a common law marriage for more that six years,he is a foreigner. We tried to wok things out because we have a daughter, she is 4 yrs old now. But due to different beliefs,values, and perhaps customs, hindi na talaga kami mag kasundo, sa lahat ng kanyang nasabing masasakit na salita sa akin everytime we argue,emotionally, d ko na po kaya.Lalo pa i found out that i am 5 weeks pregnant to our second child, i want my pregnancy to be stress-free.So, To save the little respect left that i have for him,alang alang man lang sa anak namin, I decided to separate with him.Wala akong plan to oblige him for child support or whatsoever, to avoid further conflicts and commotions. My only wish is to bring the things na napundar ko with my own money, that's all,but he answered me na kung ganun daw mag kwentahan kami ng mga nagastos nya sa amin sa loob ng 6 na taon na mag kasama kami.I lost a lot of opportunities,dahil priority ko ang pamilya ko.But since gusto nya na mag kwentahan kami.Di ko cya mapipigilan,I just want to know my rights kung meron man.Since he is a foreigner.Now, I change my mind, I want to demand child support for our 4 yr old daughter at para dito sa pinag bubuntis ko dahil hindi po ako makakapag work as i planned sana. Please advice.<br /><br />Thank you so much.More Power.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-40262265261436243642010-03-27T15:23:57.776+08:002010-03-27T15:23:57.776+08:00good day atty.
atty nag file po ako ng case unde...good day atty. <br /><br />atty nag file po ako ng case under RA 9262 s ex bf ko n naanakan po ako, during my pregnancy he promised that he will give a support but limited because he is married that is why he said limited but unfortunately he failed to comply with that promises until i already giving birth last june 2009. Now that our baby is already 9 months even in a single centavo wla p rin sya binibigay. prior to that nung kinukulit ko n po sya para s support he denied n hindi daw po nya anak yung dinadala ko. kaya po nag file ako ng case na RA 9262, nagkaroon po ng hearing s fiscal but he refuse to attend the hearing with the fiscal after that n submitted n daw po yung case ko, nagkaroon n po ng resolution last week at ang sinabi po s resolution eh dismissed po yung case dahil po s nakalagay s birth cert n n/a yung father, atty kaya po n/a yung nkalagay s birth cert hindi po pumayag yung hospital n walang sign s acknowledgment of paternity kaya po n/a yung nkalagay s father. my question po is my habol p po b ako para s n file ko n case s kanya. mbibigyan p rin po b ng support yung anak ko? kialangan ko po b ipa DNA yung bata para mapatunayan n sya tlaga yung tatay nung bata kc nga po db deny n nya n sya yung tatay. please help po.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-27795227441238851302010-03-25T10:06:38.283+08:002010-03-25T10:06:38.283+08:00Wondering Mom,
As I discussed in this post, you n...Wondering Mom,<br /><br />As I discussed in this post, you need to file, through a lawyer, a petition for Protection Order for financial support under RA 9262. Please contact the government agencies and offices (DSWD, NBI, etc) I listed in the sidebar.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-83969119822181270312010-03-24T10:25:29.174+08:002010-03-24T10:25:29.174+08:00[1] I outlined in this post the steps you can take...[1] I outlined in this post the steps you can take against your husband. The problem as you may know is that he is currently outside the jurisdiction of Philippine courts. <br /><br />Your husband's act of not providing adequate financial support is a criminal offense called “economic abuse” 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).<br /><br />You can ask for help from the government offices and agencies (DSWD, NBI, etc) I listed in the sidebar.<br /><br />[2] I will presume you got married after August 1988 when the Family Code became effective. If you and your husband did not agree on any kind of property relations BEFORE you got married, then automatically the system of absolute community of property (ACP) became the default system between you. Please read Articles 88 to 104 of the Family Code which discuss the ACP. Any property you and your husband acquired during your marriage is presumed part of the community property, even if it is titled only in the name of your husband, for example. This means that with regards the house in a “neat subdivision” you have the right as co-owner to decide what to do with it.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-15742615063844276982010-03-23T00:05:21.416+08:002010-03-23T00:05:21.416+08:00Hi, I am a mother of 2 (12 and 6 yo). My husband a...Hi, I am a mother of 2 (12 and 6 yo). My husband and I were separated for almost 4 years already. He occasionally sends me money for the children. Now that he is already an OFW, he sends us money only if he wants to. What are my rights, Atty? Can I ask for a fixed allowance for the children every month? Do I need a lawyer for this or shall this be coursed thru the POEA? or the his recruitment agency? Thank you very much<br /><br />Wondering MomAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-85708648009261188062010-03-21T16:47:06.440+08:002010-03-21T16:47:06.440+08:00good day atty.Galacio,i'm married for5 yrs,got...good day atty.Galacio,i'm married for5 yrs,got 2kids.my husband is a seaman,we d have a conjugal house in a neat subd.where we are residing,but he build for another house in a place near squatter's area.he threatens me that if i will not transfer there,he will not continue our allotment...legally what actions can i take?one more thing,he is very stringent in giving us what is due to us.He lied to me about the exact income he's earning,but i come to know the truth by contacting their office.he's earning almost 100k/mo.he only give us barely 9k?is it lawfull?we dont have any communal fund..good i'm having a stipend in my scholarship in grad sch which i use for our household expense...any legal advice you can give?thanks so much and godbless!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-54350279083337345922010-02-20T18:01:13.101+08:002010-02-20T18:01:13.101+08:00The barangay cannot issue a Protection Order for f...The barangay cannot issue a Protection Order for financial support against your cousin. The Implementing Rules and Regulations of RA 9262 provide:<br /><br /><i>Barangay Protection Orders.– Barangay Protection Orders (BPOs) refer to the protection order issued by the barangay ordering the perpetrator/respondent to desist from committing acts under Section 7 (a) and (b) of these Rules. These are causing<br /><br />(a) physical harm to the woman or her child; and <br />(b) threatening to cause the woman or her child physical harm.<br /><br />The reliefs that may be granted under the BPO are the following:<br /><br />a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the following acts mentioned in Section 7 (a) and (b) of these Rules; and<br />b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the victim-survivor, directly or indirectly.</i>Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-39996068213589538202010-02-20T17:51:45.069+08:002010-02-20T17:51:45.069+08:00[1] Since you and the man are not married, your ch...[1] Since you and the man are not married, your children are illegitimate. Your children are illegitimate even if, for example, they are using their father’s surname. Under Article 176 of the Family Code, you have sole parental authority over them. <br /><br />Their father does NOT have any parental authority over your children. This means that custody and all decisions over them belong to you. What the father has is visitation right. Please read my Legal Updates “Visitation rights over illegitimate children” (look for the link in the sidebar). If you and the father cannot agree on the terms and conditions of the visitation, then either he or you should file a petition in court to set these terms and conditions.<br /><br />[2] If the court finds that there are valid grounds for the man not to be allowed to exercise his visitation right (for example, if he is abusive towards the children), then it can deny him such right. At the same time, the court can compel the man to give the proper financial support.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-9075136526013672842010-02-16T12:55:57.230+08:002010-02-16T12:55:57.230+08:00hello Atty,
I just got separated from my live-in...hello Atty,<br /> I just got separated from my live-in partner and we have 3 kids. My mom and my sister insist to make an agreement for support for the kids, and we did what my mom wants. I asked for 50% of his salary but he didn't want to but still he signed the agreement against his will. he just gave in. What I want to know is how can I terminate his parental authority over my kids and not allow his visitation rights but still can get the financial support. Do I have a right to do that? By the way, he had other woman but I'm not sure if they live together.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-862460095701733122010-02-15T13:46:34.550+08:002010-02-15T13:46:34.550+08:00hi Atty,
i have a cousin who is currently separat...hi Atty,<br /><br />i have a cousin who is currently separated from her live-in partner.<br /><br />his live-in partner asked for assistance from our Barangay Hall officials to obtain financial support from my cousin. <br /><br />My cousin is only earning less than the minimum wage but the support they are asking is almost equivalent to 1 month salary of a minimum wage earner..<br /><br />i once accompanied him to attend a Barangay hearing about the financial support his live-in partner is asking. He as told by the barangay official that if he cannot provide the amount his live-in partner is asking, it will be his mother to furnish the difference.. <br /><br />is it true that the parents of my cousing will also be liable for the support if he cannot settle the amount being asked from him?<br /><br />i need your advise regarding this matter.<br /><br />thank you very much and more power!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-79174105156387906002010-02-08T13:26:50.434+08:002010-02-08T13:26:50.434+08:00Yes, your sister and her child can ask for support...Yes, your sister and her child can ask for support under RA 9262. Please contact the government offices and agencies (DSWD, PNP, DOJ, NBI, etc) I listed down in the sidebar for free help.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-84685014455914796242010-02-08T13:05:22.064+08:002010-02-08T13:05:22.064+08:00[1] Yes, your husband can file an adultery case ag...[1] Yes, your husband can file an adultery case against you (but the penalty will be lesser because of the separation). At the same time, however, you can also file cases against him (concubinage, RA 9262). Please read my post “Adultery, concubinage and psychological violence” (please read also the comments and my replies to the comments).<br /><br />[2] For free help, contact the government offices or agencies (DOJ, DSWD, PNP< NBI, etc) I listed in the sidebar.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-65281110101761913082010-02-05T16:26:07.744+08:002010-02-05T16:26:07.744+08:00mgandang araw po atty.galacio..
may 2 po akong ana...mgandang araw po atty.galacio..<br />may 2 po akong anak sa legal kong asawa inabandona nya kmi para sa babe nya..ngkataon ngmahal po ako ulit at ngkaanak..alam ko po adultery un..maari nya po ako ipakulong..ang gusto ko lang po ay humingi ng nararapat sa mga ank ko wla po ako work..ntatakot po kc ako mgdemand poara sa 2..pero krapatan po ng mga anak ko un alam kopo..anu poba ang dapat kong gawin? gsto ka nga po pmunta sa trabaho nya upang mghabol..maari po ba un? tulungan nyo po sana ako..payuhan nyo po ako..parang awa nyo na po..salamat po..hntayin ko po ang kasagutan nyo..salamat po.godbless po..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-45794362625567239432010-02-04T15:10:27.160+08:002010-02-04T15:10:27.160+08:00Hi atty.
Ang ate ko na iniwan ng asawa nya,meron p...Hi atty.<br />Ang ate ko na iniwan ng asawa nya,meron po sila isang anak na babae.Ang pagkakaalam ko po ay 6 na taon ang anak nila ng maghiwalay po sila.Nasa edad 14 na po ang pamangkin ko ngayon,at walang suporta na binigay ang asawa nya hanggang s ngayon.Maari po bang mag-file parin po ang ate ko ng financial support para sa anak nya,kahit 8 taon n silang hiwalay ng asawa nya?Paano po ba kami magsisimula mag-file ng case at saan po?Ang asawa nya po ay isang soldier,na sa pagkakaalam namin ay isang PSG ng Malacanan ngayon.Wala po kasi kaming sapat na panggastos para mag-file ng case.Ngunit nakakaawa po ang bata kung wala po syang makukuhang suporta galing s father nya.Salamat po at Pagpalain po kayo ng Panginoon.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-68727368308286696142010-02-01T10:48:55.127+08:002010-02-01T10:48:55.127+08:00I already answered your e-mail.I already answered your e-mail.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-48675130121624234522010-01-30T15:27:23.693+08:002010-01-30T15:27:23.693+08:00hi atty.
i have been seperated for almost 5 months...hi atty.<br />i have been seperated for almost 5 months now and i hve 2 kids 6yo and 1yo. my husband dont give me any support with anything, and i hve no work i am doing free lance job. i hve been solely taking responsibility even before the early part of our marriage until now. how and where can i ask assistance for child support. binabalewala po kase ako ng husband ko if i beg for financial help. and i am being verbally and emotionally abused. is it possible po na hindi na cya makalapit sa akin? i am desperate for help...many thanks and god bless/Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-64134821597147452522010-01-26T14:20:14.287+08:002010-01-26T14:20:14.287+08:00Abigail,
I already re-sent my e-mail to you yeste...Abigail,<br /><br />I already re-sent my e-mail to you yesterday. Please check and see if my replies ended up in your SPAM folder.<br /><br />If you still have not received my re-sent e-mail, please e-mail me instead of posting here.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-1567687595529436872010-01-26T10:00:06.299+08:002010-01-26T10:00:06.299+08:00good morning atty. .
didnt receive any email fro...good morning atty. . <br /><br />didnt receive any email from u po. . i have been checking everyday . . would u please be so kind to email it again to me po. . many thanks and more power. .GOD BLESS!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-53175703255812494132010-01-22T18:05:55.763+08:002010-01-22T18:05:55.763+08:00I already answered your e-mail.I already answered your e-mail.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-34400708058508991242010-01-21T01:04:06.726+08:002010-01-21T01:04:06.726+08:00good pm atty.
i got married to my husband back in...good pm atty.<br /><br />i got married to my husband back in 1998 2 days before i gave birth to our daughter, i was then 20 y.o. We separated when my daughter was 2. we had agreed at that time together with both our fathers present, to have her 3 mo. each and that he gets the 1st 3 mos but when i came to see her after 2 wks he would not let me and was making me sign some agreement that i only get visitorial rights.anyhow, he had her for more than a year until i came up with a plan and took her away.eversince then i felt that he has always been trying to have revenge on me.our daughter now is turning 12 soon and he has not supported her since, emotionally,physically and financially.he came and saw her 1 day when she was 6 and then when she was 9. he works in a very good company,which my dad had gotten him the job, and gets paid very well. i now have another 2 mo old daughter with my boy friend and living abroad. he has been the one supporting me and my 1st daughter since we got together also because i had stopped working already.we plan on getting married and also to have my kid live with us but i need legal documents saying she is in my custody or i have the rights to take her out of the country.last december we had plan on having my daughter spend a month with us since the visa they gave her was just for 1 month, but while at the airport we found out her visa was cancelled already a week before. my husband had called the immigration and had it cancelled saying he gave no consent. <br /><br />can u give me an advice as what case i should file? should it be for abandonment? annulment? child custody? i have a solo parent i.d from the dswd already. will it be better for now to file for child custody just so we can get her to live with us abroad and worry about annulment later on and because also i can file for divorce there? should i just file for divorce?. i need help please. . any advice will do as i am very confused right now. .i am in the country for 10 wks and would like to take action right away. thank u so much in advance. have a good evening!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-26477952394264346342010-01-08T09:11:04.910+08:002010-01-08T09:11:04.910+08:00[1] “they come up to this aggreement where both pa...[1] <i>“they come up to this aggreement where both parties will not have any interest to each other and that they waived their right to whatever decisions they're going to take. this agreement allows them to get married with another man/woman.”</i><br /><br />This kind of agreement is illegal, immoral and void. Please read my post <i>“ 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?”</i> (look for the link in the sidebar).<br /><br />[2] If the wife obtained her divorce when she was already a UK citizen, then the legal remedy here in the Philippines is not annulment (technically, declaration of nullity). The husband should file instead a petition for recognition of a foreign divorce decree. Once our courts recognize that foreign divorce decree, then the man can get married again. Please read my post <i>“The right of a divorced Filipino spouse to remarry under Article 26 of the Family Code”</i> (look for the link in the sidebar).Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-23402142216576776742010-01-06T01:15:16.217+08:002010-01-06T01:15:16.217+08:00hi atty.
i have these questions which i always as...hi atty.<br /><br />i have these questions which i always ask to all my friends.my situation confuses me all the time, and im like being paranoid thinking about it. i have a live in partner right now, he's 16 years older than me, im 23. we have a baby now after 1 year of getting together. but we are not married yet. he has a previous marriage and it was not annuled yet. he's wife tried to file annulment but was dismissed due to lack of interest. the girl is now living outside philippines and now a british citizen. they come up to this aggreement where both parties will not have any interest to each other and that they waived their right to whatever decisions they're going to take. this agreement allows them to get married with another man/woman. but im not convinced with this. since our country requires annulment before you can get marry. his wife filed a divorce outside the country,her atty said it would be better because annulment will take time and money while divorce is fast and easy. will this be enough for us to get married after they divorced? but divorce is not applicable here in philippines. please help me. <br /><br />thanks.Anonymousnoreply@blogger.com