Category Archives: Family Law

Grounds for the Annulment of Marriage

Posted on May 16, 2012 by Atty. Fred| Leave a comment

It feels weird to be writing in more detail about annulment because, come to think of it, we should be writing more on how to save the marriage. Still, we cannot avoid discussing the matter because we deal with it on a daily basis at work and, besides, this is what the law provides. Spouses who are confronted with this reality should have a basic information on the grounds for annulment. Read more »

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Majority Do Not Approve of Legalizing Same-Sex or Gay Marriage

Posted on May 12, 2012 by Atty. Fred| Leave a comment

We conducted an informal poll, asking readers if they support same-sex or gay marriage in the Philippines. By the time we closed it last year, 60% of the votes does NOT favor same-sex marriage. Now that the issue has again gained international attention with the campaign statement of US President Barack Obama that he favors same-sex marriage, we are reopening the poll. Read more »

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Length of Time when Husband and Wife are Separated Does not Automatically Nullify Marriage

Posted on May 10, 2012 by Atty. Fred| Leave a comment

Experience makes you, well, really old. It also makes you realize a couple of things — like people asking a question that was asked and answered before. It’s human nature, I guess, and it would be ok if we have all the time in the world to sift through questions (again, sorry if I rarely reply to questions). We recently received this query: “Can a married man re-marry after 10 yrs. separation?” You helpful folks out there must have noticed that this question, and shades thereof, had been asked so many times before. This is tackled in our previous discussion: Read more »

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Absolute Community of Property deemed Co-Owned?

Posted on May 9, 2012 by Atty. Fred| 4 Comments

We received an email from “ROYAL” regarding absolute community of property (ACP), currently the default property relation between husband and wife in a marriage. The email goes like this: Read more »

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Annulment in the Philippines: Questions and Answers (Part 6)

Posted on April 18, 2012 by Atty. Fred| Leave a comment

We have time to address some questions relating to annulment in the Philippines. Let’s consolidate the questions that are newly raised for easy reference. We shall update this post to include new issues we encounter (again, please search through the other posts or the comments to check if a question related to yours was already addressed). As always, please remember that nothing should here should be taken as legal advice (for clients, please click here). Read more »

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Transgender Women in Beauty Pageants?

Posted on April 11, 2012 by Atty. Fred| 3 Comments

We’ve previously noted that Philippine laws do not recognize and protect same-sex marriage. It doesn’t matter which religion you belong. Unlike certain matters — divorce, for instance, which is allowed for the Muslim community — the legal non-recognition of same-sex marriage applies to all groups and religions. Read more »

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Annulment in the Philippines (Questions and Answers Part 5): Overseas Filipinos Edition

Posted on July 25, 2011 by Atty. Fred| 28 Comments

We have four installments on this topic (refer to Part I, Part II, Part III, Part IV), as well as related posts on annulment, legal separation, declaration of nullity and divorce. We’re trying to cope with the numerous questions raised, but with our schedules, it’s impractical to answer the questions one by one. This is the reason why we summarize the questions so that similar ones would be answered in one go. Again, browse through the existing related articles to see if your questions are covered by existing discussions. Read more »

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Divorce in the Philippines and Judicial Recognition of Foreign Divorce Decree

Posted on July 25, 2011 by Atty. Fred| 12 Comments

Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction. If you’re a Filipino, it doesn’t matter where you get a divorce: such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos – where they may be in the world – are bound by Philippine laws on family rights and duties, status, condition, and legal capacity. In certain instances, however, a divorce validly secured abroad by a non-Filipino may be recognized here in the Philippines. Read more »

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Same-Sex Marriage Not Yet Legally Recognized in the Philippines

Posted on June 30, 2011 by Atty. Fred| 12 Comments

The state of New York recently passed a law that legalizes same-sex marriages. That means gay and lesbian couples could marry, with legal protection ordinarily granted to male-female couples. NY is the latest US state that allows same-sex marriage. Read more »

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Without Divorce, Couples Resorting to Common-law Marriage (Live-in Relationships)

Posted on June 29, 2011 by Atty. Fred| Leave a comment

We’ve noted that “cohabitation has become more common than ever before. In fact, more than half of all couples are now living together before they walk down the aisle.” We also noted that by providing for the property relations between the partners in a live-in relationship (also referred to as “common-law marriage” and loosely as “cohabitation”), the law (both the old provisions of the Civil Code and the new Family Code) recognizes the existence of this arrangement in our society. Read more »

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