legal Free Legal Advice

[mcel]

thanks civil code and teeUp

[skibeth]

hi to everyone,

just want to ask about my son's standing in the society.

i'm a single parent, my son will turn 12 next month, his father was separated and no communication with us for 12 years now.

 

obviously we can call him as an illegitimate child... should he be seen by his father, whom we haven't had any contact for almost 12 years now, and demand for his right to the child... does he have the right to get him from me? please take note that he never gave any financial support to us since then... we separtated when he found out i was pregnant and was coming back to me when i was 6 months on the way, but i turned him down because i promised at my mom's death bed that illl forget about him even if he tried coming back to me..

 

thanks

[TeeUp]

hi to everyone,

just want to ask about my son's standing in the society.

i'm a single parent, my son will turn 12 next month, his father was separated and no communication with us for 12 years now.

 

obviously we can call him as an illegitimate child... should he be seen by his father, whom we haven't had any contact for almost 12 years now, and demand for his right to the child... does he have the right to get him from me? please take note that he never gave any financial support to us since then... we separtated when he found out i was pregnant and was coming back to me when i was 6 months on the way, but i turned him down because i promised at my mom's death bed that illl forget about him even if he tried coming back to me..

 

thanks

<{POST_SNAPBACK}>

 

 

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.

[cruiser007]

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.

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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.

[dracula2004]

sometimes though, its better to be sad for a while than be misserable for a lifetime.

 

it is always worthy to work out all marriages, but there are times when letting go is the better option to take.

 

having said that, i am not saying allowing divorce in the philippines is the solution.  the current legal framework can serve enough to protect those whose hearts have been bleeding by reason of their existing marriage.

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nice one bro very well said

[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

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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.

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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.

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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.

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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