tag:blogger.com,1999:blog-18260617.post9073184178666574293..comments2023-06-09T23:24:58.079+08:00Comments on Legal Updates on the Family Code Philippines and relevant matters: What surname should illegitimate children use? Problems and issues with RA 9255 and its implementing guidelinesAtty. Gerry T. Galaciohttp://www.blogger.com/profile/17233852101336409722noreply@blogger.comBlogger184125tag:blogger.com,1999:blog-18260617.post-62983933244020854272010-03-31T11:17:52.925+08:002010-03-31T11:17:52.925+08:00Please read my post “Legitimation, the rights of i...Please read my post <i>“Legitimation, the rights of illegitimate children, Spongebob and Gary, Dingdong and Marianne ...” (</i>look for the link in the sidebar). Legitimation is covered by Articles 177 to 182 of the Family Code, and takes place when the biological parents get married after the birth of the child. However the Family Code provides that when the child was conceived, there must be no legal impediments or obstacles. Meaning, at the time you were conceived, were your parents both above 18? Were your father and mother both single when you were conceived? If there are no legal impediments, then you can qualify for legitimation. Just go to the Local Civil Registrar of your birth place and ask for the requirements for legitimation.<br /><br />You can also use RA 9255 to be able to have your birth certificate marked that you are allowed to use your father’s surname. But RA 9255 is for illegitimate children. Like I said above, you might qualify for legitimation (for legitimate children).Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-60033565984314756322010-03-29T21:42:12.613+08:002010-03-29T21:42:12.613+08:00Good evening!
I am 16 yrs old,..When I was born hi...Good evening!<br />I am 16 yrs old,..When I was born hindi pa kasal yong parents ko but still I am using my father's name. Ang problema lang po kasi eh UNKNOWN ang nakalagay na pangalan ng father ko.<br />What are the legal procedures should I take para malagyan ng pangalan ang father ko sa bc ko ngayong kasal na sila.?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-80183073767552804622010-03-27T08:04:36.460+08:002010-03-27T08:04:36.460+08:00I already discussed in this post the answer to you...I already discussed in this post the answer to your question. You and the father of your child should go to the Local Civil Registrar and submit the requirements under RA 9255.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-91235779756724594882010-03-26T07:52:07.637+08:002010-03-26T07:52:07.637+08:00Atty..
Good morning,
I am a single mom of a 4 ye...Atty..<br /><br />Good morning,<br /><br />I am a single mom of a 4 years old ,, she is using my family name,and the fathers name to her birth cert is NA. because her father doesnt know that i got pregnant.. meaning to say tinago ko sa father nya.. <br />But now, nlaman ng father nya n meh anak kami, at gusto nyang gawing legal ang lahat, gusto nya n ilagay sa pangalan nya ang family name ng bata.. ano po ang pwede nyang gawin to do it...<br />im hoping for your answer.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-6639439524558164372010-03-25T09:32:23.955+08:002010-03-25T09:32:23.955+08:00MS Scorpio,
You are in a legal mess. Please read ...MS Scorpio,<br /><br />You are in a legal mess. 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; please read also the comments and my replies to the comments). Since you are still legally married, it is presumed that your husband is the father of the child.<br /><br />If you use the name of the biological father in the birth certificate of the child, this can be used as evidence against you in a criminal complaint for adultery.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-35944812020898580952010-03-24T09:42:16.353+08:002010-03-24T09:42:16.353+08:00Gen,
I already answered your e-mail. For the sake...Gen,<br /><br />I already answered your e-mail. For the sake of those with the same problem, the answer is this: <br /><br />You will find it very difficult if not impossible to have your child’s surname changed to that of yours. This is because RA 9255 was meant for the benefit of the child, that is, in erasing the stigma of illegitimacy. “Erasing the stigma of illegitimacy” does not mean that the child becomes legitimate once RA 9255 is applied. What is erased is the “stigma” (in the vernacular, “kahihiyan”) and not the fact of illegitimacy itself.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-62217251489421092382010-03-23T15:02:12.634+08:002010-03-23T15:02:12.634+08:00more than 5 yrs na po akong hiwalay sa asawa ko na...more than 5 yrs na po akong hiwalay sa asawa ko nagkaroon po ako ng bf at nabuntis po ako mag isang taon po cya. ang gnagamit nya pong surname ay ung surname ko nung pagkadalaga. ndi po kz pumayag ung nkabuntis sakin na ipagamnit ung surname nya kz po complicated msyado. ask ko lng po if ok na po ang lahat pede po bng mapalitan ang surname ng anak ko ng surname ng father nya? thanks you very much atty. godbless po..<br />MS ScorpioAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-43357490906468614232010-03-22T22:24:03.200+08:002010-03-22T22:24:03.200+08:00Hi!
I am a single mom. My son's going to be ...Hi! <br /><br />I am a single mom. My son's going to be one year old soon. He took his biological father's surname with my consent.I decided to use his surname for the child because he promised to make things work out between the two of us. But recently we have been arguing about the baby's rights.He has his issues of not doing is obligation as a father due to his personal interests which I could do nothing about. And this issue has disturbed me a lot lately that I wanted to change my baby's surname to my surname. <br /><br />1. is it possible?<br />2. how long or hassle will the process be? and how much could i possibly spend for everything?<br /><br />please hear me out and help me. this bothered me a lot lately. :(IRONIChttps://www.blogger.com/profile/08446143804079064972noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-12395391557834103552010-03-06T11:04:03.574+08:002010-03-06T11:04:03.574+08:00Since your baby is illegitimate, his/her surname w...Since your baby is illegitimate, his/her surname will be your surname. The entry for middle name in the birth certificate should be left blank.<br /><br />You cannot use your middle name as the baby's middle name since it will appear that you are siblings.<br /><br />Thus, you cannot also use your "middle name-last name" as the surname for your baby.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-51204186694242287312010-03-03T07:50:41.016+08:002010-03-03T07:50:41.016+08:00Good day Atty. Gerry,
I'm a single mom and I ...Good day Atty. Gerry,<br /><br />I'm a single mom and I would just like to ask if i can give my "middle name-last name" as surname for my baby?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-1910609695878438872010-02-27T11:56:49.924+08:002010-02-27T11:56:49.924+08:00Camille,
As I discussed in this post and as you ...Camille, <br /><br />As I discussed in this post and as you can read from the comments and my replies to the comments, it will be very difficult if not impossible for you to have your child’s surname changed.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-33543686056958974062010-02-27T11:45:18.121+08:002010-02-27T11:45:18.121+08:00Even if your marriage is declared null and void, y...Even if your marriage is declared null and void, your daughter will still carry your husband’s surname. You cannot have her surname changed to that of yours. This is because under Article 54 of the Family Code, <i>“children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.”</i>Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-63281663560940363582010-02-27T11:28:51.567+08:002010-02-27T11:28:51.567+08:00HCIREJ,
RA 9048 applies only to clerical errors/m...HCIREJ,<br /><br />RA 9048 applies only to clerical errors/minor errors and to change of first name. The problem is with your surname. Rule 108 cancellation or correction of entries in the civil registry may be the more appropriate remedy. <br /><br /><i>“nung tym po kcng pna register nila ako, hinde pa po sila kasal ng mother ko, it was 1985.. anu po kya legal procedure na pde ko gawin”</i><br /><br />If there were no problems with your name, then you can possibly apply for LEGITIMATION under Articles 177 to 182 of the Family Code. But since there are problems in your birth certificate, you might be forced to file a petition under Rule 108. You need to retain the services of a lawyer to file this petition for you.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-74430865497018293522010-02-27T11:25:46.736+08:002010-02-27T11:25:46.736+08:00[1] If we get married abroad, will that marriage b...[1] <i>If we get married abroad, will that marriage be valid here in the Philippines?</i><br /><br />Since the man filed for and will get his divorce when he is still a Filipino citizen, his divorce will NOT be recognized here. Please read my post “Divorce obtained abroad by a Filipino not recognized here” (look for the link in the sidebar; please read the comments and my replies to the comments). Thus, your marriage even if celebrated abroad will not be recognized here also.<br /><br />[2] <i>If legitimation of our daughter is not possible through the required procedure that applies to that of stated in Article 177 of the Family code, is there any other way to legitimize our daughter's status?</i><br /><br />You said that “her father was still married at the time I conceived my daughter”. This impediment totally disqualifies your child from being legitimated under Articles 177 to 182 of the Family Code. <br /><br />If you by yourself adopt your child through RA 8552 (please read my post on adoption; look for the link in the sidebar), your relationship with her will become legitimate. <br /><br />Can the man adopt your child? Since his divorce will not be recognized here in the Philippines as I discussed above, he cannot marry you and therefore he cannot join you in the petition for adoption. RA 8552 provides that spouses must adopt jointly. He can however by himself adopt your illegitimate daughter but he will need the consent of his legal wife and/or children.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-72501685409437282392010-02-25T17:41:40.538+08:002010-02-25T17:41:40.538+08:00Good day Atty. Galacio. I have a 3yr old daughter....Good day Atty. Galacio. I have a 3yr old daughter. Her father and I are planning to get married in a few months time. My daughter is using her Dad's surname since her father was able to sign in her certificate of live birth.As her parents, we want her illegitimate status to be legitimize.<br /><br />Her father was still married at the time I conceived my daughter. Her father is a Filipino citizen who is now a permanent resident in Canada. He is now recently divorced and his citizenship is Filipino at the time the divorce was granted. <br /><br />He was advised by his divorce lawyer in Canada that once his petition for divorce has been granted, he can remarry.<br />We are planning to get married abroad since I have been advised that we cannot get married here in the Philippines since his first marriage has not yet been annulled.<br /><br />My questions are the following:<br /><br />1. If we get married abroad, will that marriage be valid here in the Philippines?<br /><br />2. Let's say if that marriage is valid in the Philippines, how can we have our child's illegitimate status be legitimize?<br /><br />3. If legitimation of our daughter is not possible through the required procedure that applies to that of stated in Article 177 of the Family code, is there any other way to legitimize our daughter's status?<br /><br />Your expert advice is highly appreciated Sir. Thank you very much! And God bless!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-6852194184628748752010-02-25T16:14:10.142+08:002010-02-25T16:14:10.142+08:00Atty. Gerry,
Good day po. i just wanna ask po abou...Atty. Gerry,<br />Good day po. i just wanna ask po about sa BIRTHCERTIFICATE procedure.. birthcertificate ko po kc sa NSO, LERICO GATDULA PANCERAS but then, since birth po, im using JERICHHOPE GATDULA DONCERAS in all my credentials.. applicable po ba sken yung RA9048? at me isa p apong problema, nung tym po kcng pna register nila ako, hinde pa po sila kasal ng mother ko, it was 1985.. anu po kya legal procedure na pde ko gawin.. tnx po.. GODBLESS..HCIREJhttps://www.blogger.com/profile/09744995763507225672noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-45320714902799643752010-02-24T13:31:59.460+08:002010-02-24T13:31:59.460+08:00I am married for 3 years, pero naghiwalay kami ng ...I am married for 3 years, pero naghiwalay kami ng husband ko dahil nambabae sya. i dont need his support for our son and ayaw nya asikasuhin annulment namin. wala naman akong time mag-ayos. my question is, can i have my daughter surname changed (my surname) kahit hindi pa kami annuled ng husband ko? THANK YOU!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-14284260275241294532010-02-24T01:44:22.967+08:002010-02-24T01:44:22.967+08:00i have a 5year old son,on his birth certificate he...i have a 5year old son,on his birth certificate he's using his father's surname.it is because his father acknowledged him and signed on his birth certificate. i am a single mom,his father and i are no longer communicating for almost 5years now. i'm the one who is sole raising my son now,and this year i'm planning to send him to school.can he use my surname and not his father's because i am the one who worked hard to feed my son and to give him all that he needs?can i change his surname to mine even without going to the NSO and have it processed or changed? please help me.. i really want my son to use my surname because his father is irresponsible,he never helped me since we broke up after i gave birth to our son. and i think his father is not deserving to have his surname used by my son.. i'm really confused. please reply on this.. thank u so much and God bless!camillehttps://www.blogger.com/profile/17490037360562495843noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-31876457354119051102010-02-17T15:52:29.145+08:002010-02-17T15:52:29.145+08:00[1] The Local Civil Registrar most probably will n...[1] The Local Civil Registrar most probably will not allow the registration of your son under the biological father’s surname without his acknowledgment.<br /><br />[2] Try to ask the British embassy here in the Philippines for help in locating your child’s father. Don’t believe at once what the ex-wife said about the man being in prison.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-23640827081553832482010-02-14T00:30:55.271+08:002010-02-14T00:30:55.271+08:00Hi, I have a 4 year old son, I gave birth last Apr...Hi, I have a 4 year old son, I gave birth last April 18, 2005. His father is a British Citizen. I never have him registered until now because his original Birth Certificate was witth his father. He was in London when I gave birth and told me to send him the BC for the Paternal Acknowledgment since we're not married. I still got his text message confirming that he received the docs together with the pictures of the baby and informed me to send it back asap. Unfortunately, I have lost contact with him. Two months later, his x-wife called informing me that the father of my baby is no longer coming back to the Philippines because he is in jail and will be in jail for 5-10 years. From that moment on, I've heard nothing at all anymore. What I am planning now is that, I want to late register my son under his father's surname without his acknowledgment. Will it be possible? Or how can you help or advise me about the situation of his father. Thank you so much.. I will be looking forward for your advise.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-73227594192455809922010-02-12T16:05:40.259+08:002010-02-12T16:05:40.259+08:00PR,
[1] “i am also frustrated with my lawyer beca...PR,<br /><br />[1] <i>“i am also frustrated with my lawyer because she ia nowhere to find everytime i have questions in my mind.. and besides she was the one who told me not to come anymore this morning for the promulgation .. nakakaduda po.. some says mukhang nabayaran ang case dun pa lang sa pagreset ng promulgation date...”</i><br /><br />I have not read any of the documents related to your case, especially the court’s decision. You should ask your lawyer to explain all these things to you and what your remedies are. If the judge’s computation of the penalty is wrong, then your lawyer can file a motion for partial reconsideration so that the proper penalty can be applied.<br /><br />Like I said, I do not know how your case proceeded. But the normal procedure is that in a criminal case, the civil aspect (damages) is impliedly instituted. This means that unless you ask for the separation of the civil aspect from the criminal case, then the issues of civil damages will have to be taken up by the court. Your lawyer should have called you to the witness stand and ask you to quantify in terms of money your sufferings (physical, psychological, etc), and what your actual costs (attorney’s fees, etc) have been.<br /><br />What you can do is get a copy of the court’s decision and show it to other lawyers who can study it (together with the other records). They can then counsel you on what to do. You can try asking for free legal help from the Integrated Bar of the Philippines (IBP) chapter offices in your town or city. The IBP chapter offices are usually located in the Hall of Justice. Besides the IBP, you can also try to ask for help from the OLA (Office of Legal Aid) of the UP College of Law in Diliman, Quezon City. The San Beda College of Law in Mendiola, Manila also has a free legal clinic. <br /> <br />Your husband can, of course, either file a motion for reconsideration or file an appeal with a higher court. Instead of appeal, he can apply for probation since the penalty is less than six years, assuming he has no previous conviction.<br /><br />[2] If you have proof that your lawyer did not fulfill her duties to you, you can file against her an administrative case for suspension or disbarment with the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP Building, Julia Vargas Avenue, at the back of SM Megamall, near Metrobank).Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-9890152869767862542010-02-11T18:28:46.272+08:002010-02-11T18:28:46.272+08:00continuation:
maybe you are wondering why am i as...continuation:<br /><br />maybe you are wondering why am i askign you these since you are not my atty in this case.. i am also frustrated with my lawyer because she ia nowhere to find everytime i have questions in my mind.. and besides she was the one who told me not to come anymore this morning for the promulgation .. nakakaduda po.. some says mukhang nabayaran ang case dun pa lang sa pagreset ng promulgation date...<br /><br />pls help me how to add weight on the penalty for the accused.. (since just this morning yung promulgation of judgement) baka may pwede pa magawa bago matapos ang 15 days..kindly suggest what i can do or file just to make it somewhat fair for me and my kids..<br /><br />by the way.. just a week before the promulgation,ive confirmed that mny husband has 2 kids(3yrs old is the eldest) with his live in partner now.. (my kids are 6 and 5 yrs old).. but i think he didnt allow the kids to use his surname.. i am not also sure that he used his real name on the birth certificates of his 2kids with his live in partner because my husband used to use different names even when we are still together, he used a different first and last name to the owner of the apartment, because i was shocked to found out that the landlady was looking for a different guy, i told the landlady that i dont know any person with that name but when she saw my husband, she said that "oh there you are" and when i asked my husband whats the purpose, he just said that its better to be safe... thats all.. <br /><br />my question is.. is it possible for him to put a different name on the birth certificate of his 2 new kids? if he allow to use his real name, is it possible to use the birth certificates as an evidence for filing concubinage? or its not advisable at all to file concubinage because i might spend so much money again just to be frustrated with the result again?<br /><br />pls help atty.. i dont know where and whom to ask for some honest to goodness answers.. thanks so much and hope to hear from you soon.. God bless..<br /><br />PRAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-56174204359540743262010-02-11T18:28:20.528+08:002010-02-11T18:28:20.528+08:00I filed ra9262 against my husband back in 2004, ju...I filed ra9262 against my husband back in 2004, just this month was the promulgation of judgement.. but i was sooo disppointed with the penalty.first, the supposed to be date of the promulgation was reset last minute.. siguro a day before the said date..according to others, if there;s a final date of promulgation, it should not be reset at all unless the judge is not available on that date.. but the reason which my atty gave me was the lawyer of the accused asked for a reset because of some seminar that the atty will attend.. <br /><br />is it allowed? i thought promulgation date should be final and not to be reset by just a seminar thingy of the accused party...<br /><br />next thing is.. i was disppointed with the result because it took 6 years to wait for the justice for me and my kids ... but sad to say, i cant feel there is justice because the conviction is only 6 mos plus 100k fine to the government.. accdg to them, there;s no moral damages because accdg to them it was not included in my prayers when the case was filed... but during that time, i dont really know the details of the law even the lawyers or prosecutors in the city hall were not aware of the new law.. so they dont know the details then.. they only read or scan the copy of the law very briefly and hurriedly helped me to file the ra 9262 case, so inshort all of us really dont know how to maximise the ra 9262 law that time since they dont have the copy of the law.. i was the one who gave a xerox copy to the prosecutor that time.. kaya very frustrating..<br /><br />is it still possible to file a reconsideration or any motion for the moral damages just to add weight on the penalty to the accused??? kasi i really feel the result was so unfair.. to think i was the one who undergone counselling etc.. because of the depression, spend lots of money every hearing because its too far from my place..it took me 3 years to recover from that depression while my eldest son 5mos to recover from the trauma and now after i heard the result, i think the court even made it worst.. i cant stop crying because of the hardships me and my kids experienced with my batterer husband.. tapos yun lang ang parusa..? plus the accused was not imprisoned because of the "probation" thingy.. <br />is it true that the accused will be imprisoned after 15 days after the promulgation of judgement day? so that the accused have the time to apply for probation???<br /><br />what is that atty? how long would that be?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-68466675922311291962010-01-29T17:55:36.883+08:002010-01-29T17:55:36.883+08:00What kind of RA 9262 case are you referring to - p...What kind of RA 9262 case are you referring to - psychological violence? economic abuse? sexual abuse? physical abuse? <br /><br />Please read Section 6 of RA 9262 (look in the sidebar for the links to my RA 9262 posts). “Arresto mayor” is one month and one day to six months. “Prision correcional” is six months and one day to six years . “Prision mayor” is six years and one day to twelve years.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-6011639264941228042010-01-28T14:18:13.177+08:002010-01-28T14:18:13.177+08:00The professional fees of lawyers vary; in Metro Ma...The professional fees of lawyers vary; in Metro Manila, the standard acceptance fee is fifty thousand pesos, with the legal costs and expenses (filing or docket fees, transcripts, service of summons, publication, etc) all for the account of the client. In the provinces, the professional fees of lawyers are lower. In dealing with lawyers, do not be shy or embarrassed in bargaining about their professional fees.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.com