tag:blogger.com,1999:blog-18260617.post114819448759171566..comments2023-06-09T23:24:58.079+08:00Comments on Legal Updates on the Family Code Philippines and relevant matters: RA 9262 Anti-Violence Against Women and their Children Act of 2004; myths about spousal abuse; reasons why women stay in abusive relationshipsAtty. Gerry T. Galaciohttp://www.blogger.com/profile/17233852101336409722noreply@blogger.comBlogger119125tag:blogger.com,1999:blog-18260617.post-86530924415847088672010-03-17T09:52:20.389+08:002010-03-17T09:52:20.389+08:00Single Parent,
Please coordinate with the Civil S...Single Parent,<br /><br />Please coordinate with the Civil Service Commission on the procedure for filing an administrative case against your husband and the woman.<br /><br />Or you might be able to file an administrative case directly with the city hall if your husband and the woman are not part of the civil service (for example, if they are just contractual employees hired directly by the city).Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-60052635234727305272010-03-15T23:52:35.587+08:002010-03-15T23:52:35.587+08:00Good day Atty. Galacio,
I, together with our two ...Good day Atty. Galacio,<br /><br />I, together with our two children, was abandoned by my husband. No support on everything for two years. Our case on his financial support to my children is to be heard soon. He left us for her woman who happens to be his officemate in the city hall. Yes both are employees of our city government here. I have evidences showing their affair.<br /><br />How can I file an administrative case against my husband and against the woman?<br /><br />Hoping for your reply.<br />Thank you very much and more power!single parentnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-30517271717147446002010-01-27T09:38:50.631+08:002010-01-27T09:38:50.631+08:00You need to coordinate with the court staff which ...You need to coordinate with the court staff which prepares the warrant of arrest. Talk to the branch clerk of court or with the staff in charge of the preparation of warrants.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-17925204340907107272010-01-25T13:35:44.857+08:002010-01-25T13:35:44.857+08:00Thank you Atty.
But how long it usually take to i...Thank you Atty.<br /><br />But how long it usually take to issue a warrant? Will it take 3-4 months?<br /><br />Thanks again.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-49948356750451522872010-01-16T13:03:23.518+08:002010-01-16T13:03:23.518+08:00When the case has been raffled off to the proper c...When the case has been raffled off to the proper court, the judge will study the records. If a warrant of arrest is issued, then you have to coordinate with the police in serving the warrant. Since your husband is not here, then the police will report to the judge that the warrant was not served. The court will issue what is called an “alias warrant” and then order that the case be archived (meaning, set aside in the meantime). The case can proceed only if (1) your husband has not been arrested based on the warrant; (2) he voluntarily surrenders to the court; or (3) he posts bail.<br /><br />If you do not have a private lawyer representing you, then the fiscal assigned to the court handling the case will be your lawyer. The fiscal is a government employee and you do not have to pay him/her anything. You can inquire with the fiscal as to the status of your case. <br /><br />You can for example try to coordinate with the Department of Foreign Affairs as to the possibility of having your husband’s passport cancelled. Or you can try asking the help of the NBI which can inform police agencies worldwide that a warrant of arrest has been issued against your husband.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-81466876967487770652010-01-14T17:48:52.714+08:002010-01-14T17:48:52.714+08:00Atty, what are the procedures on issuing warrant o...Atty, what are the procedures on issuing warrant of arrest? <br /><br />If a RA 9262 case is filed against a guy and resolution has been issued that he committed crime against RA 9262 Sec.5(i), how long the procees will take to issue a verdict? <br /><br />As time goes by, the child is growing up and upto now there are no support from the guy. Even if the case filed is criminal case, can we ask for financial support since the guy is capable of such since he is a seafarer. And at this time he is abroad working.<br /><br />There are also possibilities that he will not comeback to Phil knowing that there is a case filed against him.<br /><br />Please advise.<br /><br />Thank you so much Atty.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-58158269977702772782010-01-12T19:54:36.782+08:002010-01-12T19:54:36.782+08:00Yes, the man (and his wife) can file cases against...Yes, the man (and his wife) can file cases against you if it turns out in the DNA test that he is not the father.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-68826965120728270302010-01-09T16:21:26.560+08:002010-01-09T16:21:26.560+08:00hi atty, how about if a guy and me had just a casu...hi atty, how about if a guy and me had just a casual sex (one night stand)and i guess he is the father of my child (though am not sure because i have several sexual partners at that time) can i charge violation of RA 9262 on one particular sexual partner (one night stand) whom i guess is the father of my child. can i file a compulsory recognition in the court,(i don't have evidences not even pictures of us together that night, i'm just inclined to think he is the father of my child because he is financially able) can i compel the supposed father to shoulder fees for the DNA???, the man i opt to complaint is already married, does he or his wife had a right to charge me with malicious prosecution if it turns out after DNA testing that he is not the father? tnx -janet.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-17218985016156093912010-01-09T08:00:41.640+08:002010-01-09T08:00:41.640+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-19202153432213861732010-01-08T06:40:02.986+08:002010-01-08T06:40:02.986+08:00Sir,
My wife filed a case citing violation of RA ...Sir,<br /><br />My wife filed a case citing violation of RA 9262 almost 2 years ago. I was working overseas then and up till now. My Mom had received a notice for my warrant of arrest as well as for my Hold Departure Order. My wife subsequently left our kids and my Mom took care of our kids. My wife and I spoke just recently and she had me speak to her attorney who then told me to come home in order for the case to be dismissed. Her attorney says that I need to be arraigned and by then they will file/submit my wife's affidavit of desistance but am sensing something from my conversation with her attorney. Her attorney told me that they did not "renew" my warrant of arrest anymore. I am reluctant to come home because of my arrest warrant. Sir, do I really need to come home and go through what I was told to have my case dismissed?<br /><br />Thank you so much for your insight.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-87074554227000241842009-12-22T08:42:21.368+08:002009-12-22T08:42:21.368+08:00The only way for the RA 9262 case not to be filed ...The only way for the RA 9262 case not to be filed in court is for the woman to withdraw her complaint. If the case has been filed with the fiscal’s office already, she can submit an “affidavit of desistance” (pag-uurong ng demanda) <br /><br />As to having the marriage annulled, your brother can surf to the Frequently Asked Questions section of my website www.familymatters.org.phAtty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-52771642736896410702009-12-19T04:31:55.852+08:002009-12-19T04:31:55.852+08:00Good morning Atty. Galacio. ako pa po to. hindi po...Good morning Atty. Galacio. ako pa po to. hindi po ako nkatulog sa pgiisip sa problema ng kpatid ko. my mga tanong p po ako. halimbawa ho n ayaw n ng lalake n mkisama sa babae lalo n at wla nmn clang anak ano po b dapat gawin.? khit gusto n nyang hiwalayan ayaw ng babae hnggng sa ngyari n nga ang nsaktan sya ng kpatid ko. lalo p pong nplala ang pgkagusto nyang hiwalayan ang babae ano po b ang legal n gawin nila? thanks alot. sana po masagot nyo agad bgo kmi mkpgdesisyon. dahil dis oras ng gabi nsa lbas p sya alm nmn nyang nkatira sya sa byanan nya. tumatalon sa bintana pg gabi para lng mkgala n pwede nmn mgpaalam ng maaus lalo n pg wla asawa nya. nkktxtm8 dn sa iba at kinukwento nya p sa tyahin nmin kung cno ktxtm8 nya. mrami p pong tanong against sa babae kc hindi tlaga sya responsableng aswa npatunayan n po nmin un, ano po dapat gawin.<br />I hope maintindihan nyo po kung bakit ko to ntanong sa inyo. salamat po.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-15746276769991716232009-12-19T00:49:29.449+08:002009-12-19T00:49:29.449+08:00hello! atty. galacio, i am a sister that wants to ...hello! atty. galacio, i am a sister that wants to help my brother who filed by his wife R.A. 9262. pero wla nmn pong ktotohanan. nktira sa mga mgulang nmin ang mgasawa. ang kwento po kc matagal ng ngaaway etong mgasawa pero hindi sya pinpatulan ng kapatid ko khit sinsaktan n sya ng asawa nya. Isang gbi ginising nya ang kpatid ko at sabi mgusap daw sila pero dahil 9pm n at my trbaho p sya kinbukasan sinabi nya n bukas n lng pero sinipa sya nito at pilit n ginigising, kya tumayo ung lalaki ngusap cla hangang ngkakasagutan n, kinuha ng babae ang lampara ng ilaw at aktong hahampasin ang kpatid ko kya niyakap nya ito para hindi nya sya masaktan pero ngpupumiglas sya kya ginawa ng nanay ko kinuha nya ung lampara, sinabi nung babae n bitiwan daw sya ng lalaki kaya binitawan sya nito pero pgbitaw nya sinampal nya ang lalaki kya ngulat ang kpatid ko kya nsampal nya ito at nauntog ata sa pader. umuwi ang babae at sinabi nya sa knila na sinaktan daw sya ng aswa nya at iniuntog sa pader kaya ngkabukol sya. ngreklamo sa barangay ng R.A 9262. nkipgusap kmi sa brangay at hindi matanggap ng kpatid ko n iniuntog nya daw ito sa pader at ngkbukol sya at my pasa dw sa paa pero hindi rin mlaman ng kpatid ko kung bkit ngkapasa sya sa paa sa tipo ng kapitan ung babae ang pinpanigan. hindi n po nmin alam kung sino hihingan nmin ng tulong kasi khit mgpaliwanag kmi my ibinabato ang kpitan smin n kaso ng na R.A. 9262 kya khit anu pliwag nga nkpatid ko wla ding mngyayari at inakusahan nya p ang kapatid ko n hindi mkaintindi at kung anu anu p ang sinabi nya d2 kaya ngsurf ako s internet at nkita ko tong blog nyo. sana po mtulongan nyo kmi sa kaso nmin. at isa p po my pinapakita sya s kpitan n text daw ng babae sa knya, n gagawin daw nilang ibedensya. pero nung tinanung nmin ung babae kung ngtxt hindi daw sya ngttxt at ung aswa dw ng kpatid ko ang tawag ng tawag sa knya at txt ng txt ng kung anu anu. ayaw n pong mkipgbalikan ng kpatid ko s asawa nya dahil nknkan ng tamad po at hindi responsableng aswa. sana po mtulongan nyo kmi agad bago mdala ang kaso sa husgado. salamat po.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-54278424622706077862009-11-07T07:21:26.480+08:002009-11-07T07:21:26.480+08:00Shy_girl,
You can possibly file civil and crimina...Shy_girl,<br /><br />You can possibly file civil and criminal cases under the Revised Penal Code against the woman and her sister. However, this just might possibly worsen things for your husband.<br /><br />Under the Family Code, the amount of support is balanced between the needs of the person asking for support AND the financial capability of the person from whom support is being asked.<br /><br />The illegitimate child under Article 176 of the Family Code can inherit from your husband. Whatever the legitimate child will get in terms of inheritance, the illegitimate child will get one-half.<br /><br />Illegitimate children are covered by Philhealth. For more information, please tune in to “Dear Philhealth” on dzRH (666 AM radio) from 5:30 p.m. to 6 p.m. on Wednesdays.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-2989512691057428202009-11-05T22:31:55.960+08:002009-11-05T22:31:55.960+08:00Gud day Atty. Please help, I really need your lega...Gud day Atty. Please help, I really need your legal advice. I got married last 2005 and we have son who is 4yrs old now. <br /><br />Lately, I discover that my husband had other women, he then confess to me that they have a bby girl who is turning 2 yrs old this 2010. My husband signed at the birth cert. of the bby. Despite of my knowledge, my husband is supporting the bby, even nung ng bubuntis pa lng ung girl. he also shoulder all the hospital bills wen the girl gave birth thru ceasarian delivery. somtyms he sends 2thou, 3thou for the bby (without any fix amount) ntigil lng nung nabuking ko xa coz I handle his salary now. <br /><br />For my son & family sake, pnatwad ko ang husband ko and we have agreed to support the child.<br /><br />The women is askng support for her daughter and even her older sister threatened my husband thru txt to file a case and do everything mwalan ang husband ko ng work (govt employee) f hindi dw ma suportahan ung bata.<br /><br />Can I file cases against this women and her sister? anong klaseng kaso?<br /><br />Ask ko lng po if how much din pwede nmin maibigay na support sa bta? My husband is earning 14thou a month. sad to say, I am resigning for my work due to health condition and needs to undergo medication. Mka avail din ba ng benefits (i.e. filhealth, sss, gsis etc) ung bby like my son does? Maapektuhan baung mga conjugal proerties nmin? Please help me. Godbless!shy_girlhttps://www.blogger.com/profile/08977605669271386078noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-3678232598955203482009-11-05T07:32:25.118+08:002009-11-05T07:32:25.118+08:00[1] You got married at age 23 and so you needed pa...[1] You got married at age 23 and so you needed parental advice, not parental consent. But the lack of the parental advice cannot be used as a ground to invalidate your marriage. It can be a ground for charging the people involved in the irregularity.<br /><br />[2] <i> is it also ok that we have a written agreement first while the annulment is in progress that neither of us will be charging any legal case against each other?</i><br /><br />This kind of agreements is illegal and immoral. 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 />[3] As to having your marriage declared null and void, please read the FAQ section of www.familymatters.org.phAtty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-46813554177556421522009-11-03T19:19:16.313+08:002009-11-03T19:19:16.313+08:00Hello! Atty. Gelacio, it may be unusual for you to...Hello! Atty. Gelacio, it may be unusual for you to receive a comment from a guy. i have an important question that needs legal advice. I got married January 8, 2002 and during that time i was only 23yrs old. I know that it needs parental advice/consent. My parents didnt know anything about the said marriage. It was my aunt who acted as one of the witnesses who also gave the consent. Last January 29,2006 we decided to separate ways. although the decision was not mutual. she doesnt want the separation, my parents talked to the woman to let go of me becoz i will be having a child with another girl who i am now living with. i just want to ask if the marriage that took place was valid without my parent's consent/advice. It was the woman who processed the papers of the said marriage. i dont recall going through a marriage seminar. all i can remember was i went to the venue where the said marriage took place. now, i want to file an annulment because i want my son to have a family. and legal at that. i love my partner right now and i want to marry her as well. i want to know the process of annulment. i tried getting in touch with the woman to inform her of my plans. i know that she is also living with someone right now. but i dont get any response from her. is it possible to file the annulment without her cooperation? what is the best thing to do? is it also ok that we have a written agreement first while the annulment is in progress that neither of us will be charging any legal case against each other? i really need your advice. thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-57004592989870611062009-11-03T08:35:03.272+08:002009-11-03T08:35:03.272+08:00Rochelle,
[1] You have to look at the divorce dec...Rochelle,<br /><br />[1] You have to look at the divorce decree as to the terms and conditions of the alimony payments. Even if you can contest it, Philippine courts may not have jurisdiction over the case if your ex-husband is living outside the country.<br /><br />[2] <i>”Is the marriage between a filipina and a foreigner contracted in europe for example , legally recognized in our country?”</i><br /><br />The Family Code follows the principle of <i>“lex loci celebrationis”.</i> This means “if the marriage is valid in the place where it is celebrated, then it is valid here in the Philippines.” There are certain exceptions however like marriage below 18, incestuous marriages, etc.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-89858136017743528722009-11-03T08:32:14.037+08:002009-11-03T08:32:14.037+08:00Yna,
[1] The Family Code follows the principle of...Yna,<br /><br />[1] The Family Code follows the principle of <i>“lex loci celebrationis”.</i> This means “if the marriage is valid in the place where it is celebrated, then it is valid here in the Philippines.” There are certain exceptions however like marriage below 18, incestuous marriages, etc. <br /><br />In your case, however, your second marriage is doubtful legally. First, the divorce from your first husband must have been initiated by him (meaning filed against you). If that divorce was consensual (meaning you agreed to it, or you did not contest it), then that divorce is not recognized here in the Philippines. <br /><br />Second, after that divorce, you should have filed a petition here in the Philippines for the recognition of the foreign divorce decree. Once the NSO has annotated your marriage certificate with the court order recognizing your divorce, then that was the time you could have gotten married.<br /><br />Please read my post “Divorce obtained abroad by a Filipino not recognized here” (look for the link in the sidebar).<br /><br />[2] You have to look at the divorce decree as to the terms and conditions of the alimony payments.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-85688201158410200922009-11-03T08:26:05.032+08:002009-11-03T08:26:05.032+08:00[1] Please take note that the use of RA 9255 is fo...[1] Please take note that the use of RA 9255 is for illegitimate children. If legitimation is possible, then the change of surname should be done through legitimation.<br /><br />[2] The Local Civil Registrar or the NSO will not issue a new birth certificate. It will issue the original certificate with the annotation that RA 9255 was availed of and the new name that will now be used.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-44421594471464546502009-10-31T09:36:52.150+08:002009-10-31T09:36:52.150+08:00Thank you for your reply last oct 30 sir. You said...Thank you for your reply last oct 30 sir. You said my son can use his fathers surname using ra9255. My question is: will the birth cert. Then be revised to bear the new surname or wil they just issue an attachment or annotation? Thank you sir.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-62149576389896997732009-10-30T13:31:13.372+08:002009-10-30T13:31:13.372+08:00Good day Atty.
I just got married in Italy to an ...Good day Atty. <br />I just got married in Italy to an Italian national. Is my marriage recognized in the Phils or do we have to marry again in the Phils ? <br /><br />This is my second marriage. I was divorced also here in Italy by my first Italian husband. Will his alimony paid to me<br />stop because of my new marriage? I am afraid he<br />might discover and sue<br />me because until<br />now he is still sending monthly alimony<br />thank you very much<br /><br />from ynaAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-57611846718634187882009-10-30T12:02:55.451+08:002009-10-30T12:02:55.451+08:00Sir
I am a filipina and got married and later on d...Sir<br />I am a filipina and got married and later on divorced by my Belgian spouse in Belgium. The divorce contract awArded me a monthly alimony together with child support for our child. I re- married here in the Phils 2 months ago and now he claims my alimony stops the moment I got married. Our son is graduating in 2 years time in college and that us the only one that my ex is now paying for. Is thatcorrect... That he can stop<br />paying his alimony to me? If not, how and which court can I contest it here in our country?<br /><br />Is the marriage between a filipina and a foreigner contracted in europe for example , legally recognized in our country?<br /> Thank you sir in advance god bless.<br />RochelleAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-57734870838746535522009-10-30T09:32:21.573+08:002009-10-30T09:32:21.573+08:00Grace,
1. In terms of the Family Code, the age of...Grace,<br /><br />1. In terms of the Family Code, the age of majority is 18 and no longer 21.<br /><br />2. The divorce contract provided the terms and conditions of the support for your children. It might be difficult to ask Philippine courts to change these terms and conditions since it is a binding contract between you and your former husband. You have to look at the contract if it provides for exceptions or for proportional increases.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-73581953134534963822009-10-30T09:30:27.789+08:002009-10-30T09:30:27.789+08:001. “Why are they issued an attachment bearing the ...1. <i>“Why are they issued an attachment bearing the fathers signature instead of issuing a new birth certificate altogether”</i><br /><br />The NSO or the LCR does not issue a new birth certificate in cases of legitimation. The only time that the NSO or LCR issues a completely new birth certificate is in adoption.<br /><br />2. There must have been a problem in the transfer of the documents from the LCR to the NSO. You have to inquire with the NSO or the LCR as to how you can remedy this problem.<br /><br />3. Legitimation is covered by Articles 177 to 182. Why did the LCR grant the legitimation (annotating the legitimation on the birth certificate) but the NSO refuses to allow the legitimation? <br /><br />I am not aware of any law which says that <i>“divorced persons getting married before 1993 is not covered by some law and is therefore not qualified for the automatic legitimation”</i>. I need more information on this. You should ask the NSO staff exactly what law they are referring to.<br /><br />Anyway, the child can use the father’s surname not through legitimation but through RA 9255. This is an available option.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.com