Following this Court’s decisions in Van Dorn, Orbecido, and Dacasin, it would seem logical that in cases in which a Filipino spouse has obtained a valid foreign divorce decree that allows them to remarry legally, Philippine laws regarding family rights and duties must be respected.
This ponencia’s primary concern is that its adoption sanctioning various forms of abuse within mixed marriages and depriving Filipinos in them an escape route.
Marriage
The Family Code, promulgated through Executive Order, sets forth rights, obligations and legalities related to family relationships. It regulates matters such as marriage, property relations, support payments and parental authority.
In this case, Article 34 of the Family Code allows couples who have lived together for five years and established legal impediments to skip certain formalities in their wedding ceremony. To invoke this provision, they must draft and execute an affidavit attesting to their cohabitation before providing it to a solemnizing officer for review.
The Philippine Family Code divides children into legitimate or illegitimate, depending on how they were born and their relationship to their parents. This classification impacts their legal standing and inheritance rights as well as societal repercussions: Illegitimate children must be acknowledged voluntarily by both sets of parents in order to gain inheritance rights; those who fail to do so could face civil or criminal penalties.
Separation of Property
Philippine Law on Separation of Property provides clear standards that define how married individuals relate to each other and regulate the bonds between spouses. President Corazon Aquino signed this family code into law on July 6, 1987; it addresses basic laws regarding persons and family relationships such as marriage, legal separations, property arrangements between spouses and parental authority among others.
After marrying in the country, couples’ properties typically become marital properties unless otherwise stipulated in their prenuptial or marital settlement agreements or by court decree during their union ceremony. Marital assets encompass all gains and fruits earned during the time they shared together as partners (marriage).
However, future spouses can choose another regime when making marriage settlements, including complete or absolute separation of property. They are only allowed to donate no more than one-fifth of their present property during legal separation proceedings and must register any approved partition and distributions in local civil registries and property registries as per state laws.
Child Support
In the Philippines, both parents are legally obligated to support their children financially. It’s important to remember that both child needs and parent’s abilities should be considered when making this determination; should needs exceed financial capacity of either party involved then court must intervene and determine what is fair and equitable for all concerned parties involved.
Philippine law supports family rights and interests through child support laws. These statutes firmly assert children’s rights to adequate food, shelter, and education while offering legal means to safeguard themselves against abusive parents.
Individuals pursuing child support should keep records of expenses and needs related to their child, enter discussions with their ex-partner prepared to negotiate and seek legal advice early in the process – it may even be beneficial to visit a law clinic to get an overview of specific procedures related to your situation.
Parental Authority
Typically, both parents are responsible for exercising parental authority over their children; however, in case of either death, absence, or suitability to act as guardians, an alternate guardian such as grandparent may step in and provide substitute parental authority over their offspring.
Surviving grandparents may use the surname of the deceased parent if requested by the parents of said child. Article 220 of the Family Code stipulates that children must demonstrate respect and obedience towards their parents, with parents having the authority to enforce discipline on them if needed.
Drafters of the Family Code were aware that many Filipinos live together without getting married due to poverty or lack of money to get married, yet their laws fail to address such situations adequately. There’s no law allowing a woman to escape an abusive partner or deadbeat father; and even if she wanted a divorce from her husband she couldn’t because the State only recognized their marriage.
