We received a query on the options of a Filipina who was separated from her husband who is a foreign national. The question goes something like this: “I am married to a Canadian man who is living in the United States with a permanent residency. We were married in 2010 and after the marriage he went back to US. We communicated for a couple of months until such time that he stopped communicating and ignored my mails and calls. My question is how can I get out of this bondage?? Can I file a divorce but i am thinking he might not file in the States that he is married. Look Atty, this is unfair. I am stuck up on this bondage while my foreign husband I know is wandering.” Let’s have a general answer so others similarly situated don’t have to repeat the query. Continue reading
Category Archives: Family Law
Briefer on Temporary Protection Order (TPO) and Permanent Protection Order (PPO)
There’s an increased interest on Temporary Protection Orders (TPO) and Permanent Protection Orders (PPO) brought about by a court order issued in favor of Kris Aquino against James Yap, in their battle over Baby James (Bimby). It’s surprising that many individuals are clueless about TPOs and PPOs considering that these remedies have been around for quite some time. These remedies have been invoked quiet extensively, at least from the cases we’ve handled. Anyway, let’s have a primer on TPOs and PPOs.
Filed under Family Law
Abandonment, Subsequent Relationship and Legal Separation
“I am separated from my wife for 5 years now. It’s a separation in fact and not really a legal separation. Can I file a petition for legal separation and if the petition is granted, can I live with another woman without marriage?” This question was already answered in a previous Q&A and the usual recourse is to point to that post. Nevertheless, it might be helpful to centralize and expand the discussion. Continue reading
Filed under Family Law
Annulment can ONLY be Filed in the Philippines
If the marriage ceremony was done in a Philippine consulate abroad, should the petition be filed abroad or in the Philippines? If the marriage celebrated abroad was registered here in the Philippines, can the petition be filed abroad? If the marriage was solemnized abroad and a church wedding was subsequently held in the Philippines, where is the proper venue for filing the petition for annulment or declaration of nullity? The Philippines or abroad? Continue reading
Filed under Family Law
You Cannot File a Second Annulment Case
A number of queries have reached us whether a married person can re-file a petition for annulment or declaration of nullity when the previous petition was previously dismissed. The first petition is usually based on psychological incapacity under Article 36 of the Family Code and the second petition is almost always based on a different ground. Continue reading
Filed under Family Law
Primer on Concubinage, Adultery and Bigamy
The Revised Penal Code penalizes adultery, committed by a married woman, and concubinage, committed by a married man. Other than the elements of the offense and the applicable penalties, both adultery and concubinage are covered by basically the same set of rules and, therefore, would be discussed together. Continue reading
Filed under Criminal Law, Family Law
Anti-Corporal Punishment Bill
I learned only recently that House Bill 4455, or the Positive and Non-Violent Discipline of Children Act, is currently with the Senate after having been approved by the House of Representatives. This proposed law, in my humble opinion, is too much. Continue reading
Filed under Criminal Law, Family Law
Few Basic Issues in Child Custody
Among the more contentious issues that we’ve encountered in family law litigation relates to the custody of children. A custody battle could be an independent case or a mere incident in an annulment/separation case. Here are some basic matters relating to custody. Continue reading
Filed under Family Law
Errors in Gender and Birth Date in Civil Registry Entries
We recently finished a case for correction of entry in the Birth Certificate, particularly the gender of the client. We had to explain that while the erroneous entry, male instead of female, was not her fault, our laws require a court action before it can be corrected. It is indeed frustrating to spend for legal services when the error was committed by the clerk who prepared the birth certificate. Continue reading
Filed under Family Law
Succession Issue: How to Compute the Legitime
Among the benefits of having a community is the help extended by members to queries made by other members. A discussion is always helpful. For instance, MichaelTips posted a query over at the thread on 2012 Bar Exams: Continue reading
Filed under Family Law
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