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Free Legal Advice


Butsoy

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To the legal experts :

 

I hope you can help me. I had a live-in partner wherein we hoped that we can be married. The reason is that we know that her previous marriage was not registered or did not reach NSO. She has a daughter that I have learned to love as my own. We enrolled the child in elementary using my surname since the school did not mandate us to submit her birth certificate. After two years, we learned that her previous marriage did reach NSO and was registered. We came to accept that we can never be legally married. Now here is the problem, we relocated and the child needs to transfer to another school and this school requires a NSO authenticated birth certificate. So the child needs to use the surname of her birth father and all her previous school record shows that she used my surname. Please advise what legal steps that we can do.

 

This is a difficult situation. All I can recommend without anything illegal is that explain in the first enrollment, the parents of the child were separated and that out of spite, you chose to use a different surname. Explain to the second school, that you had the NSO all the while and that you enrolled in the first school with your surname to hide the child from the father. Now, that the second school is asking for an NSO, you present the same. Just make an affidavit that the kid is one and the same as in the records of the first school. It's best to come up with a story with the documents you had than to make up the documents for the story you want.

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pag may estafa case ka ba-- makakakuha ka ng nbi clearnce for abroad?

 

Assuming that you were the one involved, have you received any subpoena at the Fiscal's level? or any subpoena at the MTC level? My point is... what level is that 'Estafa' case currently now? If your case had prospered at the MTC level, you had more than 50% chance of having your Estafa recorded in the NBI archive. Sa madaling salita... nasa MTC na, markado ka na!

 

Btw, sigurado ka bang 'Estafa' ito? I mean Estafa as in BP #22?

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...A friend of mine wants to get married in hongkong, he is separated his ex-wife

is married already and staying in singapore and the girl is single.

 

do you know the requirements needed to get this thing done or for them

to get married.

 

HKG still has British/Commonwealth Law as basis for civil governance, albeit slightly politicise since 1997. Whereas SG does adhere to British/Commonwealth Laws.

 

For marriage contract (and related services, regardless of resident/non-resident) in HKG, the government agency in charge of these was~

Marriage Registrations & Records Office (main; open Mon-Fri, 1/2 day on Sat)

Queensway Gov't Ofc., @ Queensway (via MRT, get off Admiralty Stn)

Tel: 2867-2767; 2824-6111** (HKG side).

 

Note: call the supplied numbers for complete details of requirements. Their gov't agency is noted for cordial services on enquiries and also offer complete details from registering up to printed media notices (all you need to do is pay the printed official fees on svc you need).

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ung company namin at union ay nagkaroon ng CBA nung 2007,ang effectivity ay till 2010,kasam sa nagpakasunduan ay yung increase namin this year,kaso,di pa binibigay ng management,kasi daw crisis,,ang kwestyon pwede ba namnin yun habulin,pati retro fromn jan 2009 up to present,,sabi ng union,strikekable dun un ginawa ng management,,tama ba yun?hanggang ngayon kasi,wala pa akson union namin.

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ung company namin at union ay nagkaroon ng CBA nung 2007,ang effectivity ay till 2010,kasam sa nagpakasunduan ay yung increase namin this year,kaso,di pa binibigay ng management,kasi daw crisis,,ang kwestyon pwede ba namnin yun habulin,pati retro fromn jan 2009 up to present,,sabi ng union,strikekable dun un ginawa ng management,,tama ba yun?hanggang ngayon kasi,wala pa akson union namin.

 

normally its will be discussed muna sa management - labor counsel, then kung d talaga maayos, thats a strikeable issue. you file a notice of strike sa NCMB.

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This is a difficult situation. All I can recommend without anything illegal is that explain in the first enrollment, the parents of the child were separated and that out of spite, you chose to use a different surname. Explain to the second school, that you had the NSO all the while and that you enrolled in the first school with your surname to hide the child from the father. Now, that the second school is asking for an NSO, you present the same. Just make an affidavit that the kid is one and the same as in the records of the first school. It's best to come up with a story with the documents you had than to make up the documents for the story you want.

 

Thanks for the advice Roubaix

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Ask ko lang po kung sino may karapatan sa custody ng baby. Kasi friend ko pong babae eh gusto humiwalay na sa kinakasama nyang lalaki. Kakapanganak nya lang po at gusto nya ng hiwalayan kasi unplanned pregnancy nangyari. Di pa po sila kasal at ang depensa ng lalaki na sa kanya yung baby mapunta dahil may ibang lalaki itong si girl na totoong mayroon nga.

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Ask ko lang po kung sino may karapatan sa custody ng baby. Kasi friend ko pong babae eh gusto humiwalay na sa kinakasama nyang lalaki. Kakapanganak nya lang po at gusto nya ng hiwalayan kasi unplanned pregnancy nangyari. Di pa po sila kasal at ang depensa ng lalaki na sa kanya yung baby mapunta dahil may ibang lalaki itong si girl na totoong mayroon nga.

 

The custody over illegitimate children or those born out of wedlock are almost always awarded to the mother. Unless it can be shown that she is unfit or that the general welfare of the child is best served if someone else takes care of her/him.

 

The fact that the father acknowledged the child to be his or that the mother is now with another man is not enough ground to deprive her of the right/custody over said child.

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to all the marriage/annulment experts:

 

Just want to ask if a person is married at 22 and he or she had his parental consent forged, is that a valid ground for annulment or is the marriage automatically void?

 

NO. since he/she is over 21 years old already at the time and a defect in the parental ADVICE is not a ground for annulment. Furthermore, no marriage is AUTOMATICALLY void. There must still be a judicial declaration to that effect. In other words, the courts must first declare said marriage to be null and void.

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