Category Archives: Family Law

Sex reassignment surgery: Court rejects change of name and gender

When is a man a man and when is a woman a woman? In particular, does the law recognize the changes made by a physician using scalpel, drugs and counseling with regard to a person’s sex? May a person successfully petition for a change of name and sex appearing in the birth certificate to reflect the result of a sex reassignment surgery? Read more »

Declaration of presumptive death of a spouse for subsequent marriage

The Family Code clearly provides that a court declaration of presumptive death of a spouse is indispensable before the other spouse may marry again. Failure to comply with this requirement results not only in a void second marriage, but also opens the guilty spouse to a criminal charge of bigamy. Article 41 of the Family Code reads: Read more »

Increasing live-in relationships in the Philippines?

I previously wrote about “something that appears to be increasingly common nowadays — the live-in relationship, also called common-law marriage.” This is governed by Article 147 of the Family Code, which recognizes, and expressly governs the property relations in, the relationship where a man and a woman live exclusively with each other just like a husband and wife, but without the benefit of marriage (or when the marriage is void). Read more »

The Application of Islamic Family Law in the Philippines

There’s an interesting article published in the Journal of Muslim Minority Affairs, entitled: The Legal Impediments to the Application of Islamic Family Law in the Philippines. The abstract of the article reads: Read more »

Legal Support for the Child and R.A. 9262

Through all the family cases that we’ve handled, we’ve come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/separation/property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it’s easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated. Read more »

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

There were a lot of questions on the first FAQ, some of which were not answered due to certain prohibitions (see Part 1 or Part 3). For information purposes, we added Part II, wherein we discussed other common issues relating to the topic on annulment and divorce. These issues include the role of the Solicitor General, the duration and costs of annulment proceedings, and where to seek free legal aid. Read more »

Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers

There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines:

Read more »

Divorce – a call for arguments

It’s hardly surprising that divorce is a popular topic and among the top internet searches. There’s a lot of people just waiting for the right opportunity to end their respective marriages. 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. Read more »

Change of name without court intervention (R.A. 9048)

It’s now easier to ask for corrections in first names and typographical errors under Republic Act No. 9048, which took effect on 22 April 2001. Under this law, the city or municipal civil registrar (or the consul general) may correct a clerical or typographical error in an entry, or change the first name or nickname in the civil register without need of a court order. The law characterizes “clerical or typographical error” as: Read more »

Psychological Incapacity and Annulment

Among the grounds for annulment of marriage (annulment is different from divorce), psychological incapacity is the most commonly used. It is also one of the more controversial provisions of the Family Code (Article 36). Read more »