tag:blogger.com,1999:blog-18260617.post3931540637154551825..comments2023-06-09T23:24:58.079+08:00Comments on Legal Updates on the Family Code Philippines and relevant matters: DNA testing to prove legitimacy or illegitimacy of children; Supreme Court’s New Rule on DNA EvidenceAtty. Gerry T. Galaciohttp://www.blogger.com/profile/17233852101336409722noreply@blogger.comBlogger16125tag:blogger.com,1999:blog-18260617.post-73783565747800590662010-03-30T06:33:21.385+08:002010-03-30T06:33:21.385+08:00dear attorney,
I would like to submit to you my c...dear attorney,<br /><br />I would like to submit to you my case in the hope that you could give me answers to the questions i'm having in my mind right now. I had a live-in girlfriend and we had a daughter. but then, I came to see an old letter telling that it is possible that the child who I knew was mine could not be mine at all. If I have proven that there is no filiation between me and the child through DNA testing, is there any chance of suing the mother through the damages incurred to me? If so, what possible charges could be imposed on her?<br />I'd appreciate your enlightenment on this matter. More power and God Bless you!<br /><br />Anonymous FellowAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-61471181937707086272009-06-22T09:05:27.102+08:002009-06-22T09:05:27.102+08:00Rico,
The way I understand it, St. Luke’s require...Rico,<br /><br />The way I understand it, St. Luke’s requires the written consent of both parents for DNA testing. You will have to inquire with St. Luke’s as to exactly what their requirements are.<br /><br />The problem is that Article 166 of the Family Code of the Philippines provides for certain grounds and Article 170 for certain periods within which you should impugn (or question) the legitimacy of your child. Beyond these periods, you can no longer question your child’s legitimacy. The said articles state:<br /><br />Art. 166. Legitimacy of a child may be impugned only on the following grounds: <br /><br />(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: <br /><br />(a) the physical incapacity of the husband to have sexual intercourse with his wife; <br /><br />(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or <br /><br />(c) serious illness of the husband, which absolutely prevented sexual intercourse;<br /><br />(2) That it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Article 164; or <br /><br />(3) That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. <br /><br />Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded. <br /><br />If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlierAtty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-61553460815084572762009-06-20T21:16:31.626+08:002009-06-20T21:16:31.626+08:00I married my wife because she was pregnant. My son...I married my wife because she was pregnant. My son is now 8 years old and as he is getting older, I started noticing that he looked nothing like me nor my wife. My wife and I have been having problems due to her infidelity. I wanted to have my son tested for DNA. I understand that there is one in St. Lukes, but do I have to consult a lawyer first before I have us both tested or could I go straight there and submit my son and I for testing? Thanks.Ricohttp://romijnstomato.comnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-19696624694075430542009-05-22T08:48:25.439+08:002009-05-22T08:48:25.439+08:00Lise,
St. Luke’s Medical Center in Quezon City pr...Lise,<br /><br />St. Luke’s Medical Center in Quezon City provides DNA testing. Please get in touch with St. Luke’s as to what the price, terms and conditions are.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-8319706361956890192009-05-20T19:38:27.756+08:002009-05-20T19:38:27.756+08:00And Atty, is it necessary to conduct DNA testing, ...And Atty, is it necessary to conduct DNA testing, the three of us, me, my child and the father who denied our child? And each of us cost 30,000? Please response, thank you.<br /><br />Lise of Cagayan de OroAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-85568219097143664352009-05-20T19:34:20.353+08:002009-05-20T19:34:20.353+08:00hi Atty good evening, can I just ask if where we c...hi Atty good evening, can I just ask if where we could have nor conduct this DNA testing? And how much it cost? I could not really find such answers in internet. Please response, thank you and More Power.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-57693125035433814382009-03-31T10:09:00.000+08:002009-03-31T10:09:00.000+08:00Josa,RA 9262 “Anti-Violence Against Women and thei...Josa,<BR/><BR/>RA 9262 “Anti-Violence Against Women and their Children Act of 2004” applies to a wife, former wife, mistress, former mistress, girlfriend, former girlfriend, dating or sexual partner, former dating or sexual partner (even if such sexual relations did not result into a pregnancy or childbirth). <BR/><BR/>Thus, under RA 9262, you can file against the man (1) a civil case for damages, with Protection Order for financial support among others; (2) a criminal case, for example, under deprivation of financial support or psychological violence which carries a minimum penalty of six years imprisonment; and (3) an independent petition for Protection Order.<BR/><BR/>Please read my posts on RA 9262 and “Support for abandoned woman and family” (look for the links in the sidebar.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-50592336351504951002009-03-29T09:54:00.000+08:002009-03-29T09:54:00.000+08:00Good day, attorney!I just want to confirm if is it...Good day, attorney!<BR/>I just want to confirm if is it true that I don't have the rights to file a case or complaint against the father of my children? He said we're just his mistress(he is also living in with another woman), we don't have the rights to do such actions. If so, Could I file any case against him for my children instead? Right now, I'm conceiving our second child. He compromised to give support to our first child, but until now he just kept on giving excuses to escape his obligations to our daughter. Could I set conditions to him for my children in legal ways? Hoping for some answers.. many thanks and God Bless!!Josanoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-71201712302214049112009-03-20T11:21:00.000+08:002009-03-20T11:21:00.000+08:00You have to file a petition for compulsory recogni...You have to file a petition for compulsory recognition of an illegitimate child together with a request for the issuance of a Protection Order for financial support. Please read my post “Support for abandoned woman (look for the link in the sidebar). Since the man denies that he is the father, you will have to ask the court for DNA testing which is quite costly (minimum is around Php 30,000).Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-18897498966808929472009-03-19T18:02:00.000+08:002009-03-19T18:02:00.000+08:00attorney, I would like to ask for your advice. My ...attorney, I would like to ask for your advice. My son was conceived while me and my boyfriend were still together. Immediately after we broke up I found out that I was pregnant. Since then the father doesn't want to involve himself about our son. Claiming that he's not sure if it's his son. Now my son is already 7 months old. I don't know what to do in order to ask for child support. My son's last name is in mine. Please help me.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-11920021972900617482009-01-13T15:50:00.000+08:002009-01-13T15:50:00.000+08:00As far as I know, UP Diliman (a certain office the...As far as I know, UP Diliman (a certain office there), either the Department of Health or the Department of Science and Technology, and St. Luke’s Medical Center all offer DNA testing. Cost is about Php 30,000.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-78281764938842701082009-01-12T12:33:00.000+08:002009-01-12T12:33:00.000+08:00dear atty, i would like to ask some help.Is there ...dear atty,<BR/> <BR/>i would like to ask some help.Is there a place in the philippines who will conduct DNA testing?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-50329983546881425842008-11-04T16:09:00.000+08:002008-11-04T16:09:00.000+08:001. It is obvious that you have read through this p...1. It is obvious that you have read through this post since you were able to spot that item about “Nicole” and “son.” Please take note that these citations came verbatim from the Supreme Court decision as published in its website. Possible explanations are: (1) the RTC Tarlac committed a clerical mistake; (2) Any of the parties through their lawyers made the mistake when they submitted their respective pleadings before the Supreme Court; (3) It was the SC itself which committed the clerical error; or (4) it is possible that “Nicole” is really a son considering some Filipino parents’ penchant for exotic names. <BR/><BR/>2. As far as I know, there are only about three institutions in the Philippines which presently conduct DNA tests. These are St. Luke’s Hospital, University of the Philippines in Diliman and the Department of Science and technology. St. Luke’s is a world-class institution. Both UP and DOST are government instrumentalities which means that under the law, there is a presumption of regularity in the performance of official duties.<BR/><BR/>Meaning, whatever these three institutions do and say (even DNA tests) are highly credible. <BR/><BR/>3. DNA test results obtained in the US most probably will not be accepted in court here. It is because the persons who conducted such tests abroad cannot be placed on the witness stand and cross-examined by the opposing party’s counsel Of course, if the opposing parties will stipulate that they will abide with whatever the results of the DNA tests conducted abroad will show, then the court will accept that.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-25494652434978180962008-11-04T06:14:00.000+08:002008-11-04T06:14:00.000+08:00Hi,I was just wondering why you said Nicole is a "...Hi,<BR/>I was just wondering why you said Nicole is a "SON" don't you mean daughter?<BR/>What if the case is same thing but the mother and the child are in the US?Do the mother and the child need to be in the Philippines? Or can they just do it in the US and send the results in the Philippines? If both the minor and the mother is in the United States how can they test them? I mean, the child has to go to school too. They can't just go back home to the Philippines just like that. And how sure are you that those people who do the test are honest? I mean you know how it is there in the Philippines. You can bribe almost anyone. What if the family of the defendant paid those people to show that the defendant is not the father?<BR/><BR/>Just curious...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-28615156200401083182008-06-22T22:14:00.000+08:002008-06-22T22:14:00.000+08:00jane1305,The Bible states in Romans 13, among othe...jane1305,<BR/><BR/>The Bible states in Romans 13, among others, that we are to be subject unto the higher powers. That means we must follow what the government provides for unless what the government requires is contrary to what the Bible says. Your pastor recognized that government authority over him when he applied for a license to solemnize marriages.<BR/><BR/>For a marriage to be valid under the Family Code, the essential requisites (Article 2) and formal requisites (Article 3) must be complied with. Article 4 states that, <I>“The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.”</I> <BR/><BR/>Please clarify certain matters. Your pastor will just preside over a so-called marriage ceremony but you and your fiancé will not apply for a marriage license beforehand? And that there will be no signing of a marriage contract or certificate? OR do you mean to say that you will apply for a marriage license, sign the marriage certificate or contract, but that your pastor will submit the contract to the Local Civil Registrar later on? In the latter case, your pastor will be questioned by the LCR for the late submission of the marriage certificate or contract.<BR/><BR/><B>If you will just have a ceremony without applying for a marriage license first, then that ceremony will be a sham without any legal effect. For a marriage to be valid before God, it must follow the legal requirements. If you and the man have sexual intercourse on the basis of that ceremony, you will both be committing fornication.</B><BR/><BR/>My advice is for you and your fiancé to get married only after your petition has been granted. As of now, you, your family and your pastor are thinking in pragmatic terms that do not honor God by seeking shortcuts around the law.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-64986185740766522042008-06-22T19:28:00.000+08:002008-06-22T19:28:00.000+08:00Dear Attorney,I would like to ask your help as a C...Dear Attorney,<BR/><BR/>I would like to ask your help as a Christian and as a lawyer. Me and my fiance who is an american and lives in USA), we agree and decided to get married this year.We are both Christians and true single. And in this reason, we agree to apply a fiance visa in order for us to be together sooner. But in the same way, we plan to get married here in Philippines with a ceremony only (solemnity by our Pastor and with the presence of our parents and relatives) and we will not file our legal papers yet for marriage since we know that if we will have a marriage contract here, we cannot apply the fiance visa. In this case, is it consider that our marriage (with ceremony only) is already valid in the eyes of God? Are we going to commit sin if we will do that both in the law of men and God? Please, I really need you help on this. Thank you po and God bless!jane1305https://www.blogger.com/profile/09504546301044107217noreply@blogger.com