tag:blogger.com,1999:blog-18260617.post854423635813358068..comments2023-06-09T23:24:58.079+08:00Comments on Legal Updates on the Family Code Philippines and relevant matters: Visitation rights over illegitimate childrenAtty. Gerry T. Galaciohttp://www.blogger.com/profile/17233852101336409722noreply@blogger.comBlogger49125tag:blogger.com,1999:blog-18260617.post-89408819567332681552010-03-16T10:17:30.514+08:002010-03-16T10:17:30.514+08:00MLS,
“My question is if there is a document/affid...MLS,<br /><br /><i>“My question is if there is a document/affidavit that I can have him sign that will make him relinquish his parental rights and make me as the sole decision maker as regards my daughter's welfare.”</i><br /><br />Your daughter is illegitimate, even if she was acknowledged by her biological father. Your daughter remains illegitimate even if, for example, she is using her father’s surname in the birth certificate. Under Article 176 of the Family Code, you have SOLE parental authority over her. This means that custody and all decisions over your daughter belong to you alone by express provision of the law.<br /> <br />What the biological father has is visitation right. 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 />(As I discussed in this post, the grant of visitation right to the father in the Silva case did not prevent the mother from later on immigrating to another country.)Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-64767833995229231772010-03-11T16:15:16.723+08:002010-03-11T16:15:16.723+08:00Hi Atty Gerry,
I have a 2 year old daughter with ...Hi Atty Gerry,<br /><br />I have a 2 year old daughter with a married man. Her father acknowledged her by signing her birth certificate but did not allow her to use his last name (she uses my maiden name).<br /><br />Her father and I have separated since and he made it clear that he didn't want anything to do anymore with our daughter or me.<br /><br />My question is if there is a document/affidavit that I can have him sign that will make him relinquish his parental rights and make me as the sole decision maker as regards my daughter's welfare. I want to sever our ties already with him and I was thinking that a document like that will avoid me the hassle to going to him for his signature and consent, etc.<br /><br />Please kindly advise.<br /><br />Thanks you.<br /><br />MLSAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-19212489409291941832010-03-06T00:10:03.113+08:002010-03-06T00:10:03.113+08:00Thanks atty.Thanks atty.annehttps://www.blogger.com/profile/18214092859604537821noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-25139020946376371842010-03-03T16:30:04.332+08:002010-03-03T16:30:04.332+08:00Anne,
As to custody, it will be very difficult fo...Anne,<br /><br />As to custody, it will be very difficult for your husband to win such a case against the woman (considering that the children are illegitimate). Please read my posts on custody battles over children (look for the links in the sidebar) and the Supreme Court ruling in Tonog vs. CA, G.R. No. 122906, February 7, 2002.<br /><br />Since your husband (and you) will be out of the country because of your respective jobs, the court will take this fact against your husband. Please read the Supreme Court ruling in Vancil vs. Belmes, G.R. No. 132223. June 19, 2001. <br /><br />Filing a petition for visitation rights is a much better option. Please take note however the visitation right is personal to your husband. You or your husband's family cannot exercise this right for him. Meaning, if your husband is working abroad, you or his family cannot insist on having the kids visit you.<br /><br />(Please take note that this woman can also file RA 9262 cases against your husband. Please read my RA 9262 posts.)<br /><br />Your husband can act proactively by filing a petition to set the terms and conditions of his visitation right together with a request for the court to set the amount of financial support he will be required to give. Our courts are not only courts of law but also of equity. Your husband can request the court to order the DSWD of your town or city to visit the children and look into their welfare from time to time.<br /><br />Your husband's lawyer can ask the court to set the hearings when he is here in the Philippines (the lawyer can also resort to what is called modes of discovery) to expedite the hearings. At the least, the hearings could take over a year since Family Courts are overloaded with cases.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-27001459724249711612010-03-01T14:25:43.850+08:002010-03-01T14:25:43.850+08:00Dear Atty. Galacio,
My husband has 2 children fro...Dear Atty. Galacio,<br /><br />My husband has 2 children from his live-in partner before. We're having problems with the woman, because she wouldn't want my husband to see his children. My husband is a seaman. We got married last month. She keeps on sending unethical messages to me, my husband and my mother-in-law.<br /><br />At first, before having his 1st child, she started to threaten my husband that she will commit suicide. Up to now, December last year, we have her messages. She's unemployed. She teaches his 1st child (whose 8y/o, his 2nd child is 3y/o) bad words, to call his papa by his name only, i also have a text message using his child's name saying things you could not imagine an 8-yr old boy could say.<br /><br />She's demanding a big amount of money. There are times when she will ask for money saying that the children were sick, but most of the time they're not. <br /><br />We agreed that instead of giving money as support for the children, we'll give goods instead. By the way, the woman has a daughter from other man, that was her 1st child (12y/o). My husband also supported her child for almost 9 years. And if ever, his child needs something from school, service fees, etc my mother-in-law will be the one to pay personally. We are not so sure that she uses the money for the 2 kids, because every time they come and visit the kids my mother-in-law can say that they were not taken good care of.(by the clothes they wear, always have lice, dirty fingernails, etc.)<br /><br />My husband is a good person, I can feel the pain whenever he remembers his children.<br /><br />questions:<br />1. Which is much better to file for petition? custody or rights for visitation only?<br /><br />2. Is it possible for my husband to file the petition even he goes in and out of the country because of his work?<br /><br />3. Approximately how long will it take to finish the case?<br /><br />4. If he'll file for custody, is there a possibility that he'll win the case, and have his 2 children? Considering the actions of the woman?<br /><br />*I'm also a seafarer, if ever he'll have the custody of the children ,to whom he may entrust them? My parents-in-law has a petition in US and maybe this year they will leave. But my husband has 2 brothers working here and a Baranggay Captain aunt- whose willing to take care of the children whenever we're out of the country.<br /><br />Thank you Attorney Galacio, you're helping a lot of people. hope to hear from you soon.annehttps://www.blogger.com/profile/18214092859604537821noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-23591168485612866262010-02-20T17:36:22.881+08:002010-02-20T17:36:22.881+08:00Ann Rachelle,
I already answered your e-mail.Ann Rachelle,<br /><br />I already answered your e-mail.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-89247226232845904412010-02-17T22:37:24.099+08:002010-02-17T22:37:24.099+08:00Good day!
hello! i am 24 years old and a single m...Good day!<br /><br />hello! i am 24 years old and a single mother to a 2-year old daugther. She is an illegitimate child because the father of the child and I were never married. She is using the father's surname and she was recognized by the father in the birth certificate. We are already separated and not living together.<br /><br />I am enrolled in the Competence Assesment Service of Queensland Nursing Council. I took the written exam here in Manila and will be taking the competency part B (Related experience) in Australia. I'm planning to apply for a short stay visa 456 which will allow me to go to Australia and stay there for the duty (3 Months). I have plenty of relatives already living in Australia and since I'm a single parent, i want to take my child with me. I read and learned that for me to be able to do that is to let the father (non-accompanying parent) to sign the FORM 1229 to grant my minor child an Australian visa and to provide consent letter also signed by the father stating the he has no objection of our child traveling and living in Australia.<br /><br />The problem is that the father doesn't want to sign the form. He is holding us back. like i said, we are already separated. He never provided any financial support to the child since my daughter was born. For me, i was able to work before and I am the one whose basically earning money to provide the basic necessities to my kid. The father is avoiding my calls and is not replying to any of my text messages. We cannot reach him even in their own home.<br /><br />What other option can i take? I don't want to leave my daughter here in the Philippines because I want to give her the best future possible and being a nurse in Australia will allow me to provide everything to her. I've been trying to contact the father and he keeps on making up stories / alibis to not provide a copy of his passport or national identity card and signature which are requirements for my child to have an Australian visa.<br /><br />It is written in the Form 1229 that if I am the solely responsible for making decisions about where the child is to live then i can sign the form myself. I was just wondering how I can be declared as solely responsible and have sole parenthood over my illegitimate child? Do i have to get the DSWD clearance and would that be enough? what other documents should i provide? I have an affidavit done by our lawyer about the issue declaring me to be the solely responsible for the decision making and it was notarized as well in front of the lawyer. Will that be enough or do i have to get any documents such as declaration of abandonment?<br /><br />And i heard about the solo parent id. i'm planning to get that this week also the certification from the DSWD office. i already have the cert of no marriage from NSO.<br /><br />so will that be valid so that i can travel with my daughter? as long as i get the solo parent id and the certification plus the cert of no marriage? i already created an affidavit stating the reasons why i wanted to have full responsibility over my child. should i include that as well in my application?<br /><br />thank you very much!Unknownhttps://www.blogger.com/profile/14321217925907685990noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-16771779314416383982010-01-29T17:59:04.808+08:002010-01-29T17:59:04.808+08:00Denissa,
I already answered your e-mail.Denissa,<br /><br />I already answered your e-mail.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-14619384981665526192010-01-27T03:45:04.732+08:002010-01-27T03:45:04.732+08:00Dear Atty Gerry,
I am so thankful i found this si...Dear Atty Gerry,<br /><br />I am so thankful i found this site about legal issues on child custody and support. Just need your advice. I am working here in Greece and have 2 sons, i once got married and now our anullment case is on ongoing trial and we have a son he is 8 yrs old now under my custody,the father abandon him when we separated and never give any support now he has his own family too with 2 kids. i also have my live in partner who is single and we have a 2 yr old child. now we are separating ways. can i ask support from both fathers of my kids? another problem of mine is I spend money for our house and now he wants me to leave the house and take away all my rights. He accuse me of having an affair from having seen a chat messages of me and my ex-bf 12yrs ago having to have a closure. In short his jealousy concluded everything that way. Despite settlement and several talks to save the family we have he insisted to put our relationship into an end. So, how can i ran after him? i mean how can i take the money i spent for the house? By the way he is a seaman and am planning to file a complaint to marina to give respect of my rights. Does he have the right to count the money he sent as our allowance when we were together as husband and wife? I presume it is his obligation to support us since he got me pregnant. Hoping you can help me! Thank you very much for your time...Dennisanoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-36146473826498747482010-01-20T16:22:14.805+08:002010-01-20T16:22:14.805+08:00Like I said, your cousin should seek the help of t...Like I said, your cousin should seek the help of the government offices I mentioned before (PNP, NBI, DOJ, etc).Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-65219462276837982692010-01-19T09:11:07.294+08:002010-01-19T09:11:07.294+08:00Dear Atty,
It's me again, and the troubles of ...Dear Atty,<br />It's me again, and the troubles of my poor cousin. I hope you can still be patient with me, I'm kind of a slow learner. The DSWD has never been any help to her, they seem to be biased to the father since she herself is poor. He is unwilling to pay for support, so they seem to be pressuring her to just give the child to him. Given the innate apathy and corruption in their province, I can understand her helplessness. I don't think anyone would at least take her seriously until she actually gets physically harmed. Is there anything she can do to preempt all the trouble that could be caused by this agreement? Can she go to the SWD, state that she takes it back and be done with it? She has to leave in a few days to hitch a ride with a relative who will go by car, and she's afraid she'll lose her chance if the father delays her or refuse to give the child back. I can't thank you enough Atty. Gerry, you are truly a godsend.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-67516028150665352232010-01-16T13:00:54.343+08:002010-01-16T13:00:54.343+08:00In law, we have what are called “vices of consent”...In law, we have what are called “vices of consent”. These are things that give rise to “vitiated consent” like force, threat, intimidation, pressure, bad faith, etc. Even if a person has entered into a contract or agreement, this can be set aside if there were vices of consent. In your cousin’s case, it seems that she was pressured and intimidated into making that agreement. The agreement can therefore be set aside.<br /><br />I already gave you the contact information of government offices and agencies (DSWD, PNP, NBI) from which your cousin can for help.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-10823819711404738762010-01-14T23:52:06.196+08:002010-01-14T23:52:06.196+08:00Dear Atty,
Thank you for clearing things up for me...Dear Atty,<br />Thank you for clearing things up for me. I shall advise my cousin that she can freely move here in manila. I'm still worried though. In Atty. Florido's blog, which you referred to here somewhere, she talks about parenting agreements. And she writes that 'it applies to co-parents, whether they were formally married to one another or not,' and 'violations of the agreement can can give rise to a legal action for breach of contract or to a motion for contempt against the breaching party.' And then there is the 'moveaways or relocation provision.' I know you've already explained Article 176, but she won't be able to handle it if the father were to charge her. She doesn't have anyone to help her, and it's impossible for me because of busy schedule, distance and the fact is I'm having problems of my own. All I can do is message her what I learn here.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-61565984373154161502010-01-14T17:16:56.186+08:002010-01-14T17:16:56.186+08:00Anonymous 101,
Legitimation is provided under Art...Anonymous 101,<br /><br />Legitimation is provided under Articles 177 to 182 of the Family Code. An illegitimate child becomes legitimated if the biological parents get validly married after the child is born. If Articles 177 and 178 are complied with (there were no legal impediments on the part of the biological parents when your child was conceived), then you can apply with the Local Civil Registrar of the birth place. After submission of the required documents, the LCR will annotate the fact of legitimation on the original birth certificate (it will not issue a new birth certificate). <br /><br /><b>As you can see, since there will be no new birth certificate, the problem of the date of marriage in your child’s birth certificate will still be there. In fact, the LCR might question why you are applying for legitimation when the birth certificate states that you are already married when the child was born.</b> Rule 108 is really the more appropriate remedy. <br /><br />Please inquire from other lawyers who might have opinions different from mine or who might be able to suggest other alternatives.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-65756492601045441672010-01-14T17:02:17.803+08:002010-01-14T17:02:17.803+08:00Please read my post on adoption (look for the link...Please read my post on adoption (look for the link in the sidebar). Section 9 of RA 8552 requires the consent of the “legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any”.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-30421998619604204612010-01-13T15:21:23.731+08:002010-01-13T15:21:23.731+08:00Greetings!
Is the consent of the legitimate chil...Greetings! <br /><br />Is the consent of the legitimate children of an American who intend to co-adopt with a Filipino wife needed or required? Without any exception?<br /><br />Many thanks.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-44100350608786432272010-01-12T22:47:48.336+08:002010-01-12T22:47:48.336+08:00Dear Atty,
This is a follow up for my post januar...Dear Atty, <br />This is a follow up for my post january 10 10:04pm. Where can I apply for legitimation of my first child? Can we do that and will that subsequently correct the error in her birth certificate without anymore going to petition under Rule 108? I will try to talk to the Admissions office (your no.3 answer). Thanks. Anonymous 101Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-83342516804735276592010-01-12T19:41:52.979+08:002010-01-12T19:41:52.979+08:001. Have you inquired with the Local Civil Registra...1. Have you inquired with the Local Civil Registrar of the town or city which issued the birth certificate as to how the problem arose? Please clarify also: Did you and your husband apply for LEGITIMATION of your child?<br /><br />2. This error is in the nature of a substantial in nature and a petition under Rule 108 should be filed to correct the birth certificate. <br /><br />3. You can probably talk to the Office of Admissions (or Office of Student Affairs) of the school where your child will take the entrance exams and explain to them the situation regarding the birth certificate. You can probably submit an affidavit explaining the discrepancy and explain that you are pursuing legal remedies.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-53498591500486337922010-01-12T19:34:48.253+08:002010-01-12T19:34:48.253+08:00The child is illegitimate and so under Article 176...The child is illegitimate and so under Article 176 of the Family Code, sole parental authority belongs to the mother. The social services you refer to (which I take to mean the SWD in the town or city) cannot dictate to the mother what to do with the child. If the mother wants to transfer her residence to another place, she is free to do so without fear that she will lose custody of her child. It is only our Family Courts which can deprive your cousin of custody or terminate her parental authority.<br /><br />Please take note that in the Silva case which I discussed in this post, the father was granted visitation right by the court. But despite this visitation right, this did not prevent the mother in the exercise of her parental authority in immigrating to another country with the children. <br /><br />Your cousin can repudiate that agreement she signed with the SWD if she was coerced (forced) to sign it or if she was not fully informed about she was agreeing to.<br /><br />Your cousin can ask for help from the following government offices or agencies. The addresses are for Metro Manila but you can try to contact their regional offices (specially the NBI). <br /><br />Department of Social Welfare and Development (DSWD) Crisis Intervention Unit (CIU) Rehabilitation Unit Tel. No.: (02) 734-8635 NCR Ugnayang Pag-asa, Legarda, Manila Tel. Nos.: (02) 734-8617 to 18<br /><br />Philippine National Police (PNP) Women and Children’s Concern Division (WCCD) Tel. No.: (02) 723-0401 loc. 3480 Call or text 117 (PATROL 117)<br /><br />National Bureau of Investigation (NBI) Violence Against Women and Children’s Desk (VAWCD) Tel. Nos.: (02) 523-8231 loc. 3403<br /><br />DOJ Public Attorney’s Office Women's Desk <br />Tel. Nos.: (02) 929-9010; 929-9436 to 37Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-10059645636337509542010-01-10T23:01:16.648+08:002010-01-10T23:01:16.648+08:00Hi atty'
This is related to the previous post ...Hi atty'<br />This is related to the previous post about my cousin in Leyte. I should add that she says the 'kasulatan' she was persuaded to sign also forces her to leave the child to the father if she leaves town. Having sole parental authority, is she legally bound to honor this? I feel she was duped into agreeing to this, because of her ignorance and fear of the social services.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-36592791055716489002010-01-10T22:04:31.194+08:002010-01-10T22:04:31.194+08:00Dear Atty,
My husband and I got married 4 yrs late...Dear Atty,<br />My husband and I got married 4 yrs later after our first child was born. Her birth certificate was in the name of my husband since she was properly acknowledged. I just noticed her birth certificate has a date of marriage of us, her parents, when we have left it blank because we are not yet married when she was born. How do I have this corrected? Meantime, can she still use the birth certificate with the erronious date? She needs it for entrance exam applications. Thank you and more power to you. You're a big help to people like me.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-67727103452953689432010-01-10T02:24:21.423+08:002010-01-10T02:24:21.423+08:00Dear atty,
I've previously written you about ...Dear atty,<br /><br />I've previously written you about my cousin, who has an illegitimate child with a college instructor, and was living in with her current boyfriend in his parents' home. The social services kept calling on behalf of the father, and she felt harassed and feared they could take her child. She sought the PAO's help in QC, but it appears that the father had already acquired their assistance in the province, requesting custody. So she's returned to Leyte with her child and has agreed with social services there, among others, to allow the father to take the child during weekends, and she said she gave her signature. Now, she wants to come live with her boyfriend again in manila and get married, but she can't because she fears that she can't take the child with her and that they could take custody if she does. Does the social services really have the authority to do this? What can they do? Thank you and may you always be blessed for the help you're giving with this blog.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-6341844647119087982010-01-09T08:49:45.411+08:002010-01-09T08:49:45.411+08:00Baby,
[1] The Family Code prohibits marriage for ...Baby,<br /><br />[1] The Family Code prohibits marriage for anyone below 18 years of age even with parental consent. Besides, your daughter is too young and too immature to get married even when she reaches 18.<br /><br />[2] As to filing a case against the guy, please read my RA 9262 “Anti-Violence Against Women and Their Children Act of 2004” posts (look for the links in the sidebar). The law applies to girlfriend/boyfriend as in the case of your daughter and the guy who got her pregnant. There are also applicable provisions under the Revised Penal Code. The problem is if your daughter will not cooperate in filing the case or refuses to testify against the man. <br /><br />One option that you have is to file an administrative case against the man if he is a government employee. If he is a private employee, you can talk to the HR department of his company and ask about the possibility of filing whatever cases you can file against him in view of the company’s rules and regulations.<br /><br />[3] As to adopting your daughter’s child, please read my post <i>“Procedures in RA 8552 domestic adoption and RA 8043 inter-country adoption; misinterpretation of RA 9523</i> (look for the link in the sidebar). Do NOT simply file for a birth certificate to make it appear that your daughter’s child is your own child; this is not adoption but “simulation of birth” which is punishable by eight years imprisonment under RA 8552.<br /><br />As to the consent of the biological father, I discussed that issue in my post on adoption.<br /><br />[4] With regards the future problem of what surname your future grandchild will use in the birth certificate, please read my post “What surname should illegitimate children use? Problems and issues with RA 9255 and its implementing guidelines”Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-42755490453981043682010-01-07T22:24:45.980+08:002010-01-07T22:24:45.980+08:00Hi Atty
My daughter is 16 yrs old, in 1st yr colle...Hi Atty<br />My daughter is 16 yrs old, in 1st yr college when i found out she's 5 months pregnant. My husband and I don't advise her to marry the guy who's is 27 yrs. My questions are:<br />1. Can I sue the guy? What could be a valid case?<br />2. Can my husband and I adopt my daughter's child at birth? Do I need the guy's consent if I do that?<br />Thanks. Baby.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-77971321659644312872009-12-08T15:57:33.116+08:002009-12-08T15:57:33.116+08:00I already answered your e-mail.I already answered your e-mail.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.com