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Butsoy

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Rox: the kids are illegit. Void marriage due to lack of legal capacity (Underage)

 

But, the question is: What does she want? remarry? Who's attacking the legality of the marriage?

no, far from it.

 

but the thing is, the guy's using the so called marriage as a reason to milk money out ot the girl, though the kid's with her, sort of a blackmail trump card...

 

a third party! the girl wants a legit family...

post-53-1090388721.jpg

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mga sirs,

 

i have a few questions...

 

kasi i this friend, she says she got married underaged, that is below 18, somehow the other party got somebody they know at the local registrar and had her age changed in the marriage license. Now this so called union we kaputt...went their separate ways.

 

I told her, the marriage is null and void because she was "menor de edad", now im not a legal eagle, but please confirm if im correct, and what are the implications with the children because of this?

 

thanks!

if i may interject.

 

would you know when the marriage was celebrated? you're correct in saying that the marriage is void only if it was celebrated after the Family Code took effect in 1988. assuming that the marriage is indeed void, the kids are illegitimate.

 

you say the guy's using the kids to milk money from the girl. do you mean that the guy is threatening to take custody of the kids if the girl doesn't give him money? if this is the case then ...

 

1. do you know how old the kids are?

 

custody of children below 7 years of age is normally granted to the mom. the exception to this rule is when the mom is "unfit" to have custody, such as when she is of loose morals.

 

2. if there is no compelling reason for the courts to deviate from the general rule in no. 1 above, then i suggest that the girl file a petition for declaration of nullity of the marriage.

 

i hope this helps. but there are other issues concerning this matter that should be threshed out, such as support and the property relations of the parties. if you want, you (or your friend) can email me.

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Gandang hapon po :lol: I've been back reading this thread na for two weeks. Very helpful and educational para sa aken. Salamat po :cool:

 

Consult ko lang po yung situation dito sa office. I'm working for Japanese company. We have an officemate who is half Japanese and I think dual citizen sya. Needless to say, management is favoring him. Ano po ba ang batas in employing dual citizens? He is a member of our employees union. We suspect that he is leaking out information to management about the union. Currently, we are negotiating our CBA and it is obvious that management is getting info about what was discussed in the union meetings. We would like to kick him out but we can't get solid proof.

 

Salamat po ulit :)

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  • MODERATOR

KG: What exactly is his nationality? Nevertheless, as a Union member, you can investigate your own members, to the point of removing him from your group. Check out your Union constitution and by-laws regarding this matter.

 

Aliens need a special working permit to allow them to work here.

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