legal Free Legal Advice

[bokam]

edzabu,

 

Nope, I'm still here in Cebu. Sorry for the late reply. Lotsa things to do.

 

As for your questions:

 

A. Is there a case against the boy?

I assume you're referring to the possible criminal cases that the boy may face.

Based from the facts given, I believe he did not commit any crime. It's just sex between two consenting adults. Nutin' wrong about that.

But if the "girl" is willing to fabricate facts, then anything's possible.

A civil case for support for the child may be filed though....if he really is the father of the child.

 

B. Will it be bailable?

My answer would depend on what kind of criminal case is going to be filed against him. But the rule is, if the "boy" is charged with an offense punishable by reclusion perpetua (If memory serves me right, its 20 years and 1 day to 40 years...have to check it again to be sure) or higher AND the evidence of guilt is strong, then "boy" cant apply for bail.

 

C. Will this case be a cause for holding his departure?

If the boy is charged in court and applied for bail, the court has the power to prohibit a person admitted to bail from leaving the country.

 

D. if he hides, does he need to appear for trial or for request for dismissal of any case filed agaist him?

As a rule, an accused is only required to be present during the arraignment, promulgation of the judgment, and, in some cases, when his presence is required for identification purposes.

 

:goatee:

[bokam]

Edzabu,

 

Frankly thoh, my advice to your friend is that he should be responsible enough to face the consequences of his acts..... I'm not saying that he should marry the girl. Nor am I saying that he should'nt.... Know what, I'm not good at this....

I believe Cruiser007 and TeeUp can say it better....

[dc_maker1009]

sarhento kamote tenks! my photoshop is already working thanks to u guys! i transfered all my important files to partition d, and reformatted partition c and reinstalled everything

<{POST_SNAPBACK}>

 

NP, glad to be of service to my fellow MTC members

[totoybola]

Under the old law (Civil Code), if the illegitimate child is recognized by the father, he/she can use the surname of the father.  However, under the Family Code, illegitimate children must use the surname of the mother despite proving the fact that the child is the child of the father.    Some people think that this was a mistake in the sense that why deprive the child of the use of the father's surname if the father consents.

 

However, some others will say that you still can use the surname of the father if the father gives his consent, but I don't think they have a basis for it.

<{POST_SNAPBACK}>

 

 

I heard there is a new law on an illegitimate child's use of his father's surname. Ma check nga.

[skibeth]

being illegitimate, you have sole parental authority (and of course, custody) over your child.  concededly, an illegitimate father have rights over the child even if he has not seen him for many years.  the opportunity to see your son and be known that he is the father is part of it.  however, the father likewise have obligations which necessarily includes support.  you can always demand support from him and the court will always grant it for as long as you can prove that your son needs it and that his biological father have the capacity to give.

 

as for your promise to your mom, that's personal.  however, i still believe that raising children with both parents present is always ideal when the circumstances favor it.  given the chance that his father would want to return and the feelings are still there, you might want to rethink your options.  i'm sure being in the bossom of the Almighty's grace, your mom has found it in her heart to forgive.  she just doesn't have the opportunity anymore to tell you to move on.

<{POST_SNAPBACK}>

 

 

thanks for your advice. I talked to my son about this and unfortunately, he doesn't want to see his father anymore. I didn't teach him to get mad at him he's just scared that his father might take him away from me. I told my son's father when we separated that i wont ask any financial support from him but should the time come that my son would be the one to demand support from him, would that be possible? under the family code, which took effect in 1992 i think, that if an illegitimate child was born, he/she cannot use the surname of his father and that the child would carry the monther's surname. So i didn't put his father's name on his birth certificate... does the father still have the right to demand a visiting right/ or even custody of my son?

 

would really appreciate you reply regarding this matter. thanks again

[skibeth]

I agree with the advice of tee-up. In addition, I would also recommend that any action you take should be with consideration of what is best for your child. Let us not forget that decisions we parents make not only affect ourselves, but affect our children as well. Good luck.

<{POST_SNAPBACK}>

 

thanks for your advice

 

ive always wanted the best for my son but at times i cant help but have pity on him for not having a father.. i know how hard it is for him to face his classmates and tell them he doesnt have a father... would this affect his self confidence? as of now, he's engaging into sports and piano which not all kids have the opportunity to do the same.. do u think these can help him boost his self confidence?

[bokam]

I heard there is a new law on an illegitimate child's use of his father's surname. Ma check nga.

<{POST_SNAPBACK}>

 

 

Guys, its Republic Act 9255

 

It amended Art 176 of the Family Code.

 

Article 176 nows reads:

 

"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

[TeeUp]

thanks for your advice. I talked to my son about this and unfortunately, he doesn't want to see his father anymore. I didn't teach him to get mad at him he's just scared that his father might take him away from me.  I told my son's father when we separated that i wont ask any financial support from him but should the time come that my son would be the one to demand support from him, would that be possible? under the family code, which took effect in 1992 i think, that if an illegitimate child was born, he/she cannot use the surname of his father and that the child would carry the monther's surname. So i didn't put his father's name on his birth certificate... does the father still have the right to demand a visiting right/ or even custody of my son?

 

would really appreciate you reply regarding this matter. thanks again

<{POST_SNAPBACK}>

 

 

skibeth, having sole parental authority over your son means no one can take him away from you other than the state (under extreme and exceptional circumstances). custody is out of the question. nonetheless, if he proves paternity, the court may grant visitation rights, if the same will be consistent with your son's well-being.

 

you're right. being illegitimate and until the recent amendment to the family code, he is to bear your surname. RA9255 (see above post) allows your son to use his father's surname provided that he has been recognized in some public (example: notarized) or handwritten private document. on the assumption that there or there will exist such recognition, it is still ultimately your son's choice later on. no amount of recognition will compel him to change his surname should he not wish to.

 

as for the support, your son (or you for his benefit) can demand for it anytime in the future. having not asked for it in the past does not forfeit his right to do so. your agreement to the contrary, violates public policy and is therefore void. be it known however that being illegitimate, paternity is not assumed, hence, you have the burden of proving the same.

 

on your child not wanting to know or see his father you will just have to respect that. he will seek him in the proper time. it might be prudent for you ease his fears about his father taking him away from you. with that, perhaps, he can come up with a better informed decision if he really doesn't want to know or see his father.

 

being raised by a single parent, i believe, does have more self-confidence issues in the philippines than here in the US where such setup (not even called a situation) is widely accepted. in fact, early on, barney (the purple dinasour) teaches a song about kids having different persons for their families (one with both parents and a dog, another with mom and a dad who lives far away but both loving him each day, and yet another with a grandma for his family). it might be good to make him know that until our educational system can do away with the tatay-nanay-ate-kuya-bunso stereotyping, which i believe is bordering on the discriminating and hypocritical.

[silverchariot]

guys, do you have a cracked DAP ver 7.3 with no pop-up ads?

[skibeth]

skibeth, having sole parental authority over your son means no one can take him away from you other than the state (under extreme and exceptional circumstances).  custody is out of the question.  nonetheless, if he proves paternity, the court may grant visitation rights, if the same will be consistent with your son's well-being. 

 

you're right.  being illegitimate and until the recent amendment to the family code, he is to bear your surname.  RA9255 (see above post)  allows your son to use his father's surname provided that he has been recognized in some public (example: notarized) or handwritten private document.  on the assumption that there or there will exist such recognition, it is still ultimately your son's choice later on.  no amount of recognition will compel him to change his surname should he not wish to.

 

as for the support, your son (or you for his benefit) can demand for it anytime in the future.  having not asked for it in the past does not forfeit his right to do so.  your agreement to the contrary, violates public policy and is therefore void.  be it known however that being illegitimate, paternity is not assumed, hence, you have the burden of proving the same.

 

on your child not wanting to know or see his father you will just have to respect that.  he will seek him in the proper time.  it might be prudent for you ease his fears about his father taking him away from you. with that, perhaps, he can come up with a better informed decision if he really doesn't want to know or see his father.

 

being raised by a single parent, i believe, does have more self-confidence issues in the philippines than here in the US where such setup (not even called a situation) is widely accepted.  in fact, early on, barney (the purple dinasour) teaches a song about kids having different persons for their families (one with both parents and a dog, another with mom and a dad who lives far away but both loving him each day, and  yet another with a grandma for his family).  it might be good to make him know that until our educational system can do away with the tatay-nanay-ate-kuya-bunso stereotyping, which i believe is bordering on the discriminating and hypocritical.

<{POST_SNAPBACK}>

 

thanks tee up... now i know what to do should my son query about his rights in the future... your advice would be very useful to both of us... again thanks so much... this thread would surely last... keep up the good work MTC :mtc:

 

your simple explanations and advices are very appreciated...thanks talaga

[TeeUp]

walang anuman, skibeth. makatulong man lang ng konti, masaya na rin kami sa legal thread.

[cruiser007]

thanks for your advice 

 

ive always wanted the best for my son but at times i cant help but have pity on him for not having a father.. i know how hard it is for him to face his classmates and tell them he doesnt have a father... would this affect his self confidence? as of now, he's engaging into sports and piano which not all kids have the opportunity to do the same.. do u think these can help him boost his self confidence?

<{POST_SNAPBACK}>

 

 

engaging in activities in which he enjoys would surely redound to his benefit. His self-esteem and confidence included. I can tell that you are a good mother who wants the best for your son, for that he is very lucky. As for the difficulty of growing up without a father, I know that first hand, but I survived well enough to reach what I am now because I was also lucky to have a mother who had a heart just like you. He'll do fine.

[cruiser007]

Questions: Is there a case against the boy? Will it be bailable? Will this case be a cause for holding his departure? if he hides, does he need to appear for trial or for request for dismissal of any case filed agaist him? He has until sunday to decide whether to marry the girl he doesnt love or to face any legal battles that will come his way. Any advice would surely help him decide his fate.

<{POST_SNAPBACK}>

 

 

Bokam has given you precise, concise, and sound legal advice regarding the above situation. Perhaps I could share a practical experience. When a male friend of mine was being coerced into marriage by the family of the other party, his mother met with the entire clan in one of the more expensive hotels in makati. As the family of the girl demanded marriage, his mother nodded her head in agreement, and in a cool tone said "that would be fine with me." she then looked at her son and said "anak, ibalik mo na ang kotse na gamit mo sa bahay, give me back my credit cards, and I suppose you now have to look for work to support your family. Good luck to you and your new wife." then she talked to the father of the would be wife and said "I hope you understand my son's quirks and habit when he lives with you. Intindihin nyo na lang siya, alam niyo naman, hindi pa tapos sa pag-aaral yan"

 

That sent a clear message to the girls family that the boy's family was not going to help financially in any manner, and that it was the girls family which was now being expected to support both kids. The result was it was the girls family which no longer demanded for a marriage.

 

Anyway, it was a funny true story which I thought was appropriate to share.

 

As for the responsibility attached to parenthood, I believe that a person should be man enough to own up to the consequences of his actions. Situations such as that described in the problem, present complicated matters, it is surprising sometimes how simple the solutions are. Running away is not a option, just face the problem head-on, and make a decision, taking into consideration your life, her life, and the life in the girls belly. Good luck to your friend.

[MTBCommuter]

In filing a  case in court or Petition the consent of the other parties are not needed. The action the wife such negligence in her part can be used as a ground to prove your case.

 

Even if the his wife contracted marriage in the other country and still she is a Filipino Citizen same rule apply,  in the eyes of law, the second marriage is void.

<{POST_SNAPBACK}>

 

 

Mr Civil Code,

Somebody asks how much will it cost to have this annulment done?

[skibeth]

engaging in activities in which he enjoys would surely redound to his benefit. His self-esteem and confidence included. I can tell that you are a good mother who wants the best for your son, for that he is very lucky. As for the difficulty of growing up without a father, I know that first hand, but I survived well enough to reach what I am now because I was also lucky to have a mother who had a heart just like you. He'll do fine.

<{POST_SNAPBACK}>

 

i never thought id survive bringing him up alone, with my family's support of course. u mean, u were brought up alone by your mom? wow, now im confident that my son would grow up to be a very successful prson like you he wants to be an engineer someday tanks so much for your advice... you're of big help to me and my son... mabuhay ka! :mtc:

[civilcode]

Mr Civil Code,

Somebody asks how much will it cost to have this annulment done?

<{POST_SNAPBACK}>

 

 

case to case basis

[buhaghag]

mga attorney... ang deed of sale ba, gawa na as in me template na sya na lalagyan na lang ng mga kakailangan na data o gagawin sya na parang sulat sa papel tulad ng bond paper.. kailangan din ba na meron din syang dry seal?

 

 

at paano pala ang special power of attorney.. notarized lang ba sya at di na kailangan ng dry seal? salamat ng madami ..

[The_Blade]

Questions: Is there a case against the boy? Will it be bailable? Will this case be a cause for holding his departure? if he hides, does he need to appear for trial or for request for dismissal of any case filed agaist him? He has until sunday to decide whether to marry the girl he doesnt love or to face any legal battles that will come his way. Any advice would surely help him decide his fate.

<{POST_SNAPBACK}>

Bokam has given you precise, concise, and sound legal advice regarding the above situation. Perhaps I could share a practical experience. When a male friend of mine was being coerced into marriage by the family of the other party, his mother met with the entire clan in one of the more expensive hotels in makati. As the family of the girl demanded marriage, his mother nodded her head in agreement, and in a cool tone said "that would be fine with me." she then looked at her son and said "anak, ibalik mo na ang kotse na gamit mo sa bahay, give me back my credit cards, and I suppose you now have to look for work to support your family. Good luck to you and your new wife." then she talked to the father of the would be wife and said "I hope you understand my son's quirks and habit when he lives with you. Intindihin nyo na lang siya, alam niyo naman, hindi pa tapos sa pag-aaral yan"

 

That sent a clear message to the girls family that the boy's family was not going to help financially in any manner, and that it was the girls family which was now being expected to support both kids. The result was it was the girls family which no longer demanded for a marriage.

 

Anyway, it was a funny true story which I thought was appropriate to share.

 

As for the responsibility attached to parenthood, I believe that a person should be man enough to own up to the consequences of his actions. Situations such as that described in the problem, present complicated matters, it is surprising sometimes how simple the solutions are. Running away is not a option, just face the problem head-on, and make a decision, taking into consideration your life, her life, and the life in the girls belly. Good luck to your friend.

<{POST_SNAPBACK}>

 

 

bokam and cruiser007, salamat sa advices nyo. ikakasal na sya bukas. siguro ang next na tanong ko. paano pa annul kung sakali?

[xcalibr]

hello everyone,

 

i just established a small business and i wanted to setup a soho network, can someone help me with the setup? preferrably microsoft os.

 

or could you share a reading material so as to familiarize myself with it.

 

thanks

[bokam]

edzabu,

 

Hahaha. Pa annul? Hmmm....

 

Had a client with the same dilemma months ago. Same scenario, same line of thinking...get married with the girl he unintentionally got pregnant and later on file for annulment.

 

My advise to him was this, no one can force him to enter into a marriage contract. If he plans to annul the marriage later on then its best not to agree to the marriage in the first place. He should sit down with the girl and discuss things rationally. He should make her understand that marriage is not something to be taken lightly. The problems they may have now is nothing compared to the those that will come later during the marriage. In time, one or both of them will want to get out... and its pretty easy getting in, but its harder getting out. The annulment process will take time, money, emotional strain, etc. for both parties. And honestly, there is no guarantee that the marriage will be annulled even if the spouses agree.

 

All these should be discussed by both parties before they enter into marriage. And who knows, maybe the girl will help explain it to her parents that it's best not to get into something that they will all later regret.

 

The usual reason why parents want their girl to get married is to save face. Do not let their reasons be yours. It would be more embarrassing for them if the marriage would turn sour months or years after the celebration of marriage. They still will be the subject of gossip.... and in the end, all they did delay the inevitable.

 

But that's just my advice. Whatever his decision will be, I leave that to your friend.

[skibeth]

i have another question... should i get married in the future, would my husband have the right not to adopt my son? or is he obliged to do it? what will happen to my son if he won't adopt him? just curious... thanks

[bokam]

Buhaghag,

 

As I've said in my previous posts, I suck at tagalog. But I'm still willing to try and answer your query.

 

A contract, including a Deed of Sale, is valid even if its in a "Fill in the blanks" form provided all of the necessary data are present.

However, to avoid future problems regarding alteration or insertion of data after the execution of the contract, it is best to have all the data encoded or type written.

 

As between the seller and buyer, the deed of sale need not be notarized in order for it to be binding between them. Otherwise stated, the seller or buyer may demand from the other party to comply with what was agrred upon in the contract.

But if you want such sale to bind third parties (persons not party to the contract), then its best to have it notarized.

 

The notarial certificate and seal (dry seal) of the notary public are indispensable to make the deed of sale authentic and change the nature of the instrument from a private document to a public document.

 

Same rule applies for the SPA (special power of attorney).

 

Hope I answered the question.

[bokam]

skibeth,

 

Yup. If ever you get married in the future, your husband is not obliged, under Philippine laws, to adopt the child.

 

The child will still be your child and not his. Meaning, the child has no right to demand support from the husband and if the husband dies, your child wont get anything from him.

 

My answers are based on the premise that you are a Filipino (can't backread on your previous post coz there's sumtin wrong with this thread) and that Philippine laws apply.

[TeeUp]

dagdag ko lang, skibeth.

 

it is generally required that both spouses jointly adopt. a known exception is when one wishes to adopt his/her own illegitimate child.

 

adoption is one of the wisest things you can consider even before you get married. so then you can get the issue (and the pressure) on your future spouse adopting him or not out of the way. it will then become up to him if he genuinely wants to, you know what i mean.

 

one positive effect in doing so is that you will be placing your son in the same footing as your future legitimate child(ren) insofar as his relationship to you is concerned. this goes without saying that you are ensuring that he will enjoy the same hereditary rights as his future sibling(s).

Edited November 19, 2004 by TeeUp

[ramonalito]

Good day, I have a question for the attorneys-at-law about a problem I and my GF has and would like to get your sincere opinion regarding this. Well, here goes...

My gf had a friend (let's call him Arthur) who had a friend (let's call him Mike) who deals second-hand and refurbished laptops (Actually his "friend" doesn't deal but resells). A friend of hers was looking for a nice cheap laptop and since Arthur got his tablet from Mike at a low price, She told her friend the she could get her a cheap laptop and so made a deal with Mike to "broker"(is that the technical term?) the laptop to her friend and that they'd have a share of the profits. It seemed like a quick and honest way to make money, especially when she needed money for her parent's medical bill. So Mike asked her to shell out Php 2x,xxx.xx as a downpayment and a reservation of Php 5,xxx.xx, which acting in good faith she then told my friend to pay. Mike said he'd have the laptop within 1-2 weeks since it needed to be checked for kinks, etc. But weeks turned into months and she was pressured to produce the unit, and spent time, money and tears asking Mike regarding the status of the purchase, yet he just kept on giving some excuse and told her to wait. So upon the advice of Arthur, what she began talking with Mike's friend and mother because at the time, Mike was beggining to make himself as scare as possible. It was only after she filed a complaint at the Mike's baranggay that Mike showed himself and confessed that he'd used the money and he'd HELP her get a unit. So they looked for a unit at one of Mike's suppliers and after finding one my GF liked, she HAD TO SHELL OUT AGAIN another Php 3x,xxx.xx for the unit, which she then had to borrow from her other friends to come up.

So my legal query is, does she have a right to demand Mike for the initial payment of Php 2x,xxx.xx she gave him and since Mike told us that the baranggay captain was his kumpare and the brgy. captain himself was hesitant to help us, saying na "bakit kelangan namin idamay ang baranggay sa gulo nila, sila dlwa pumasok duon sila magayos". Mike wanted to pay only Php 10x,xxx.xx since IT WAS HIS PROFIT and refused to sign legal contract. My GF insisted on Php 15,xxx.xx or Php 2x,xxx.xx since she sustained moral and financial damages. I know we have a case but we don't know how to proceed. Please help us, we're just two ordinary people who become victim to a heartless swindler. Thanks, and if there are any lawyers who'd be generous there that we could talk to, please pm me your contact numbers. Hoping for a sincere reply.