Month: January 2015

Cancellation or Correction of Entries, Errors in the Birth Certificate and Change of Name

Posted by duanolaw on with 11 Comments

Correction of errors on the birth certificate

To change the first name and correction of minor clerical errors, this can be done through an administrative petition with the Local Civil Registrar of the place of birth or residence, under Republic Act No. 9048. For substantial errors such as errors on gender and sex change there is a need for an adversarial proceedings by filing a petition to effect the changes.  Continue reading “Cancellation or Correction of Entries, Errors in the Birth Certificate and Change of Name” →

Spousal and Child Support

Posted by duanolaw on with 4 Comments

A husband who abandoned the wife and his children. Legal steps to compel the husband to provide support.

The action is to file a petition for support with a prayer for issuance of a protection order under Section 8 of Republic Act No. 9262 (Violence against Women and Their Children). The protection order will include the relief directing the  husband to provide support by directing that an appropriate percentage of the income or salary of the husband to be withheld regularly by his employer and automatically remitted directly to the recipients. The failure to remit and/or withhold or any delay in the remittance of support without justifiable cause shall render the husband or his employer liable for indirect contempt of court. Continue reading “Spousal and Child Support” →

Legitimation and Use of Surname by Illegitimate Child

Posted by duanolaw on with 109 Comments

Rules in the legitimation of a child born out of wedlock when his/her biological parents subsequently contract a valid marriage

The applicable provisions of the Family Code under Articles 177 to 182 provides for the rules in the legitimation of children born outside of wedlock. Those children conceived and born outside of wedlock of parents who, at the time of conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated. Continue reading “Legitimation and Use of Surname by Illegitimate Child” →

Child Custody

Posted by duanolaw on with 29 Comments

The instance/s that the mother of a child below seven (7) years old can  be deprived of the child’s custody.

Custody of a child below seven (7) years of age belongs to the mother. This is  known as the maternal preference rule. However, it admits of certain exceptions. Article 214 of the Family Code says for “compelling reasons”, such custody may be denied and granted to another party. The doctrinal rule enunciated by the Supreme Court in the case of Tonog vs. Court of Appeals (G.R. No. 122906, February 7, 2002) enumerated some of these compelling reasons as “neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness.” In the said instances, a mother can therefore be deprived of the child’s custody. Continue reading “Child Custody” →

Domestic Violence

Posted by duanolaw on with 86 Comments

Domestic violence (violence against women and their children)

The law protecting Women and their Children against some form of violence

This is RA 9262 known as “Violence against women and their children”. It defines violence as any act or series of acts committed by any person against a woman with whom the person has or had a sexual or dating relationship, with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. Continue reading “Domestic Violence” →