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Wednesday, June 24, 2009

VOID MARRIAGES in the PHILIPPINES

A void marriage is one that has no legal effect and is invalid because it has not complied with the formal or essential requirements of the law for valid marriages.

Void Marriages in the Philippines are as follows:

1. Marriages without a marriage license.
2. Marriages without a marriage ceremony.
3. Marriages officiated by a person without any legal authority to solemnize marriages.
4. Marriages in which the contracting parties lack the legal capacity to contract a marriage (below 18 yrs old).
5. Marriages between two persons of the same sex.
6. Marriages that are incestuous and those that are against public policy.
7. Marriages that are bigamous and polygamous.
8. Marriages that are contracted through mistake by one party as to the identity of the other.
9. Marriages that are subsequently contracted after the previous marriage has been annuled or declared void and the annulment judgment, partition, distribution of the properties of the and the delivery of the children's presumptive legitimate were not recorded in the civil registry.
10. Marriages in which at least one of the parties is Psychologically incapacitated.

Monday, June 15, 2009

ILLEGITIMATE CHILDREN: DO THEY HAVE A RIGHT TO SUPPORT?

Under the old rules, Articles 278 and 291, Civil Code), before illegitimate children could be entitled to support and successional rights, it is paramount that they have been recognized or acknowledged first by their parents.

But under the new rules, Article 195, Family Code, the different categories of illegitimate children have been eliminated. Children now come in just two varities- legitimate and illegitimate. The elimination of the category of "acknowledged natural children" carries the implication that recognition or acknowledgment is no longer needed to entitle illegitimate children to receive support from their parents. It appears that proof of filiation (paternity or family relationship)is enough to collect support for all illegitimate children.