Dear PAO,
I am 30 years old with a stable job. Am I qualified to legally adopt my
nephew whose parents have died even if I’m only 30 years old?
Can I ask for assistance from PAO in filing the adoption?
Jackie
Dear Jackie,
Your nephew is qualified for adoption since his parents are already dead.
However, no proceedings for adoption shall be initiated within six
(6) months from the time of death of his parents (Section 8, Republic
Act (R.A.) No. 8552 or the Domestic Adoption Act of 1998). You are
qualified to adopt him even if you are only thirty (30) years old as
long as there is a sixteen (16)-year difference between your age and his
age. Moreover, you should also meet all the qualifications provided in
Section 7 of R.A. No. 8552, to wit:
In addition to the foregoing, you also need to get the written
consent to the adoption of your nephew if he is ten (10) years of age or
over and that of your husband, if you have any. If your have met all
the qualifications, you may file your petition for adoption before the
Family Court of the province or city where you reside. However, we
regret to inform you that the Public Attorney’s Office (PAO) cannot
provide legal assistance to you in filing a petition for adoption of
your nephew pursuant to Section 8 of the PAO Operations Manual, to wit:
We hope that we were able to answer your queries. Please be reminded
that this advice is based solely on the facts that you have narrated and
our appreciation of the same. Our opinion may vary when other facts are
changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public
Attorney’s Office. Questions for Chief Acosta may be sent to
dearpao@manilatimes.net
Thursday, March 20, 2014
A child has right to financial support
Dear PAO,
I would like to ask for advice in behalf of my friend. Her father abandoned her since the time she was born. Her parents are not married.
She has been living with her maternal grandparents while her mother is currently living with another man abroad.
She is now 16 years old and will be entering college next school year. She wants to know whether she could still claim support from her father. If yes, what should she consider? Anticipating your soonest response.
Camilla
Dear Camilla,
Our laws recognize the right of a child to seek financial support from his or her parents which may be necessary to answer his or her needs for sustenance, dwelling, clothing, food, medical attendance, education and transportation. This right is granted not only to legitimate children but also to illegitimate children (Article 195 in relation to Article 194, Family Code of the Philippines).
However, we want to emphasize that the amount of support that a child may seek depends on her actual needs as well as to the financial capacity of her father. This is in consonance with Article 201 of the aforestated law which states that, “The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.”
Furthermore, we want to emphasize that the primordial responsibility of the child who is seeking support, or his or her legal guardian, is to establish his or her filiation with the parent or parents concerned, especially in the case of illegitimate children who are, more often than not, left under the care or custody of the other parent or other relatives.
Applying the foregoing in the situation of your friend, we submit that it will be essential for her to substantiate her claim that she is indeed the daughter of her alleged father in order for her to lawfully demand financial support from him. Accordingly, she must present proof of filiation, which may either be: (1) her record of birth appearing in the civil register or a final judgment; or (2) an admission of filiation in a public document or a private handwritten instrument and signed by her father. In the absence thereof, she may prove their filiation by: (a) her open and continuous possession of the status of an illegitimate child; or (2) any other means allowed by the Rules of Court and special laws (Article 172 in relation to Article 175, Family Code of the Philippines).
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
I would like to ask for advice in behalf of my friend. Her father abandoned her since the time she was born. Her parents are not married.
She has been living with her maternal grandparents while her mother is currently living with another man abroad.
She is now 16 years old and will be entering college next school year. She wants to know whether she could still claim support from her father. If yes, what should she consider? Anticipating your soonest response.
Camilla
Dear Camilla,
Our laws recognize the right of a child to seek financial support from his or her parents which may be necessary to answer his or her needs for sustenance, dwelling, clothing, food, medical attendance, education and transportation. This right is granted not only to legitimate children but also to illegitimate children (Article 195 in relation to Article 194, Family Code of the Philippines).
However, we want to emphasize that the amount of support that a child may seek depends on her actual needs as well as to the financial capacity of her father. This is in consonance with Article 201 of the aforestated law which states that, “The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.”
Furthermore, we want to emphasize that the primordial responsibility of the child who is seeking support, or his or her legal guardian, is to establish his or her filiation with the parent or parents concerned, especially in the case of illegitimate children who are, more often than not, left under the care or custody of the other parent or other relatives.
Applying the foregoing in the situation of your friend, we submit that it will be essential for her to substantiate her claim that she is indeed the daughter of her alleged father in order for her to lawfully demand financial support from him. Accordingly, she must present proof of filiation, which may either be: (1) her record of birth appearing in the civil register or a final judgment; or (2) an admission of filiation in a public document or a private handwritten instrument and signed by her father. In the absence thereof, she may prove their filiation by: (a) her open and continuous possession of the status of an illegitimate child; or (2) any other means allowed by the Rules of Court and special laws (Article 172 in relation to Article 175, Family Code of the Philippines).
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
Wednesday, March 5, 2014
Non-disclosure of premarital lewdness not a ground for marriage annulment
Dear PAO,
I’d like to annul my marriage to my husband. I recently found out that he slept several times with several of my friends and even one of my cousins before we got married. Worse, he never told me about it even after we agreed not to keep secrets from each other.
Although all of that happened before our marriage, I admit that I still feel betrayed since I would not have married him had I known about his hideous sexual exploits, which he fraudulently kept from me. So, can I use this as a ground to annul our marriage since I’ve read that you can annul a marriage if there is a fraud committed? I hope you can advice me on this matter.
Sharon
Dear Sharon,
In order to properly advice you with regard to your question, it is important that we first clarify that not all kinds of fraud can be a ground for annulment. The Family Code sets out the specific kinds of fraud that can be used as a ground to annul a marriage, to wit:
“Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.”
Note that after the cited law enumerated the specific forms of fraud for purposes of annulment of marriage, it clearly stated that no other misrepresentation can be used as a ground for it. Thus, considering the exclusive wording of the law, any other fraudulent act not among those mentioned here, no matter how grave it may seem, cannot be invoked to annul a marriage.
Furthermore, the question of whether such pre-marital relationships can be used as a ground for annulment has already been discussed by the Supreme Court in one of its enlightening decisions where it explained that:
“Non-disclosure of a husband’s pre-marital relationship with another woman is not one of the enumerated circumstances that would constitute a ground for annulment; and it is further excluded by the last paragraph of the article, providing that “no other misrepresentation or deceit as to . . . chastity” shall give ground for an action to annul a marriage. While a woman may detest such non-disclosure of premarital lewdness or feel having been thereby cheated into giving her consent to the marriage, nevertheless the law does not assuage her grief after her consent was solemnly given, for upon marriage she entered into an institution in which society, and not herself alone, is interested” (Anaya vs. Palaroan, G.R. No. L-27930 November 26, 1970).
It can be seen here that while you may consider your husband’s non-disclosure of his pre-marital sexual relationship detestable and fraudulent, it still does not amount to fraud for purposes of annulling a marriage. As elaborated by jurisprudence, the law is clear and exclusive on what can be considered as fraud in relation to annulment of marriage. Thus, you cannot invoke your husband’s pre-marital activities to annul your marriage. Instead of lingering in the dark episodes of your husband’s past, focus on the present status of your marriage and on how both of you can improve your relationship.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
I’d like to annul my marriage to my husband. I recently found out that he slept several times with several of my friends and even one of my cousins before we got married. Worse, he never told me about it even after we agreed not to keep secrets from each other.
Although all of that happened before our marriage, I admit that I still feel betrayed since I would not have married him had I known about his hideous sexual exploits, which he fraudulently kept from me. So, can I use this as a ground to annul our marriage since I’ve read that you can annul a marriage if there is a fraud committed? I hope you can advice me on this matter.
Sharon
Dear Sharon,
In order to properly advice you with regard to your question, it is important that we first clarify that not all kinds of fraud can be a ground for annulment. The Family Code sets out the specific kinds of fraud that can be used as a ground to annul a marriage, to wit:
“Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.”
Note that after the cited law enumerated the specific forms of fraud for purposes of annulment of marriage, it clearly stated that no other misrepresentation can be used as a ground for it. Thus, considering the exclusive wording of the law, any other fraudulent act not among those mentioned here, no matter how grave it may seem, cannot be invoked to annul a marriage.
Furthermore, the question of whether such pre-marital relationships can be used as a ground for annulment has already been discussed by the Supreme Court in one of its enlightening decisions where it explained that:
“Non-disclosure of a husband’s pre-marital relationship with another woman is not one of the enumerated circumstances that would constitute a ground for annulment; and it is further excluded by the last paragraph of the article, providing that “no other misrepresentation or deceit as to . . . chastity” shall give ground for an action to annul a marriage. While a woman may detest such non-disclosure of premarital lewdness or feel having been thereby cheated into giving her consent to the marriage, nevertheless the law does not assuage her grief after her consent was solemnly given, for upon marriage she entered into an institution in which society, and not herself alone, is interested” (Anaya vs. Palaroan, G.R. No. L-27930 November 26, 1970).
It can be seen here that while you may consider your husband’s non-disclosure of his pre-marital sexual relationship detestable and fraudulent, it still does not amount to fraud for purposes of annulling a marriage. As elaborated by jurisprudence, the law is clear and exclusive on what can be considered as fraud in relation to annulment of marriage. Thus, you cannot invoke your husband’s pre-marital activities to annul your marriage. Instead of lingering in the dark episodes of your husband’s past, focus on the present status of your marriage and on how both of you can improve your relationship.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
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