Category Archives: Family Law

Malta votes Yes to Divorce in a Referendum

Posted on June 26, 2011 by Atty. Fred| Leave a comment

The people of Malta, reported to be more than 90% composed of Roman Catholics, said “yes” to divorce in the 28 May 2011 referendum. A number of matters came to mind upon reading the news articles on this referendum. Read more »

Posted in Family Law

The Divorce Issue, Again: Year 2010

Posted on August 13, 2010 by Atty. Fred| 11 Comments

It seems the divorce bill is again alive in Congress (House Bill 1799; explanatory note and full text). Controversial issue, equally supported and opposed by a multitude. Yet it’s going nowhere. I don’t think we’ll see a divorce law in our lifetime. Read more »

Posted in Discuss-a-Bill, Family Law

Questions and Answers: Annulment in the Philippines (Part 4)

Posted on October 1, 2009 by Atty. Fred| 18 Comments

Part 4 of the continuing installment of discussions on annulment or declaration of nullity. Before posting a question, please be mindful of our limitations and kindly search the related articles in this site. Otherwise, please be patient and wait for future discussions that may be related to your query.

Are the grounds mentioned in Civil Code exclusive? If the reason does not fall within the grounds, will the annulment case prosper?

The grounds for annulment or declaration of nullity of marriage, as the case may be, are provided under the Family Code, which amended the Civil Code. Read more »

Posted in Family Law

Allowing Absolute Divorce in the Philippines

Posted on April 18, 2008 by Atty. Fred| 165 Comments

Divorce is a controversial topic, except that it’s often discussed with hushed voices. Many are just waiting for the right opportunity to end their respective marriages, and the reasons are diverse — physical abuse (against the spouse and/or the children), sexual infidelity, irreconcilable differences and conflicting personalities, gross irresponsibility, loss (and transfer) of affection, among others. Unfortunately, these grounds are not enough to severe the marital bond through annulment. In lieu of divorce, married persons resort to annulment and according to the Office of the Solicitor General (OSG), there is an alarming increase in the number of annulment cases in the Philippines. The number of annulment cases filed in courts, which never breached the 7,000-mark prior to 2006, rose to 7,138 (2006) and 7,753 (2007). Read more »

Posted in Discuss-a-Bill, Family Law

Tagged ,

Tracking the Solo Flight of Solo Parents

Posted on April 15, 2008 by Atty. Fred| 19 Comments

In the course of our work, particularly labor and HR-related functions, we’ve come to observe an increasing number of solo parents. Of course, solo parents have always been there all along, but the enactment of a law (Republic Act No. 8972, also known as the Solo Parents’ Welfare Act of 2000) placed the spotlight on them. Read more »

Posted in Family Law, HR & Labor

Tagged

Annulment in the Philippines: Questions and Answers (Part 3)

Posted on January 29, 2008 by Atty. Fred| 68 Comments

My fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my “wife” is already using my surname in her documents, including her passport. Am I considered as “married”? Read more »

Posted in Family Law

Tagged

Venue of Petitions for Annulment or Declaration of Nullity

Posted on November 29, 2007 by Atty. Fred| 6 Comments

Here’s something that should keep everyone busy over the long weekend. One of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages — Read more »

Posted in Family Law, Legal Procedure

Tagged

Cost and expenses in seeking Annulment

Posted on November 17, 2007 by Atty. Fred| 22 Comments

There are a lot of questions posted here and at the Forum as to how much will it cost for an annulment. The standard reply is: it depends. We could not possibly speak for the standard fees charged by all lawyers and the costs would normally go up if the case drags on as a result of contingencies (as when hearings are postponed for various reasons). It would also depend on the ground or grounds for annulment or declaration of nullity. Read more »

Posted in Family Law

Tagged

Should Divorce be Allowed in the Phillippines?

Posted on November 4, 2007 by Atty. Fred| 24 Comments

If you check the recent comments, this issue is pretty much alive. Please post your opinion here, but preferrably at the previous post. The poll is to the right.

Update (26 November 2007): Let’s close the poll. There’s a total of 68 votes. According to 14 votes (21%), divorce should not be allowed in the Philippines. On the other hand, 54 votes (79%) says that divorce should be allowed in the Philippines.

Posted in Family Law

Same-sex marriage – a call for arguments

Posted on November 4, 2007 by Atty. Fred| 17 Comments

We previously noted that same-sex marriage, while allowed in some U.S. states, is definitely far from being accepted here in the Philippines. This is true even with the increasing trend of sex reassignment or sex transplant. Read more »

Posted in Family Law

Tagged , ,