Category Archives: Family Law

Holographic Wills: Form, Requirements for Validity and Probate

3 Replies | Related posts at the end of article

A holographic will is one which is entirely written, dated, and signed by the hand of the testator himself/herself. The only requirements for the validity, and probate, of a holographic will are those contained in Article 810 of the Civil Code, which reads in full: “A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed.”

Continue reading →

Summary on Recognition of Foreign Divorce Decree (Including a Divorce Decree Secured by the Filipino Spouse) in the Philippines

4 Replies | Related posts at the end of article

“Is my divorce valid in the Philippines?” In reply to this common query, we usually point to the previous articles in this Forum or politely state that we can only give legal information, as legal advice is for clients only. However, given the changing jurisprudence on the matter, we find it helpful to summarize the evolution of the rules regarding the recognition of a foreign divorce decree in the Philippines.

Continue reading →

Allowing Illegitimate Children to Use the Surname of Father (Administrative Order No. 1, Revised Implementing Rules and Regulations of Republic Act No. 9255)

1 Reply | Related posts at the end of article

[Prior to the enactment of Republic Act No. 9255, an illegitimate child, or a child born outside of a valid wedlock, may ONLY use the surname of the mother and, regardless of any circumstances, is prohibited from using the father’s surname. Before the amendment, Article 176 of the Family Code provides that: “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.” As the law now stands, there is an OPTION to use the surname of the mother or, if the required documents are submitted, the surname of the father. The details are found in the Philippine Statistics Authority’s Administrative Order No. 1; full text below.]

Continue reading →

Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262): Full Text

1 Reply | Related posts at the end of article

[Full text of Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004, which became law on 8 March 2004. See also Rule on Violence Against Women and their Children.]

Republic Act No. 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

Continue reading →

The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity

16 Replies | Related posts at the end of article

“SC relaxes rules on psychological incapacity as ground to annul marriages,” says the news title in a popular newspaper. While the news article does not mention the title of the case, it’s clearly abundant that it refers to the 2015 case of Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015). Did the Supreme Court, in the case of Kalaw, “relax” the rules on petitions for declaration of nullity of marriage based on psychological incapacity? Let’s discuss this question and, at the same time, highlight ten matters that may be of interest to those seeking answers.  

Continue reading →

Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015)

2 Replies | Related posts at the end of article

[This is the full text of the Supreme Court’s Resolution in the case of Valerio E. Kalaw vs. Ma. Elena Fernandez, G.R. No. 166357, 14 January 2015, with Justice Bersamin as ponente. This is reproduced for academic reasons, for those who seek a more thorough understanding of the case. See also: The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity.]

Continue reading →