Tag Archives: Family Code of the Philippines

Can Father of Illegitimate Child Obtain Custody when Mother is Abroad?

In one case (Briones vs. Miguel, GR 156343, Oct. 18, 2004), the Supreme Court upheld the illegitimate child’s mother’s custody even when the mother was working in Japan and eventually brought the child out of the country to live with … Continue reading

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When can an illegitimate child use the surname of his father?

Illegitimate children can 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 registrar; When an admission in a public document or a private handwritten … Continue reading

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Does the Use of father’s surname grant legitimacy to child?

What is an illegitimate child? A child who is born of parents not married to each other or born out of wedlock is an illegitimate child. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in … Continue reading

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Travel Clearance Required for Travel of Minors Abroad

Who are required to secure a travel clearance? A travel clearance is required and shall be secured from the DSWD by the following Filipino citizens: 1. A minor traveling alone to a foreign country except under special circumstances where a … Continue reading

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The rule is that children older than 7 years old are allowed to state his preference. Is the court bound by such preference?

While such choice is given respect, the court is not bound by that choice. The court may exercise its discretion by disregarding the child’s preference should the parent chosen be found to be unfit, in which instance, custody may be … Continue reading

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In the case a child is taken away without the consent of the single mother, what legal actions can a single mother take?

The single mother can file a civil and/or criminal case under Republic Act No. 90262, or “The Anti-Violence Act against Women and Children”.  Or, the single mother can also choose to file kidnapping charges under the Revised Penal Code. In … Continue reading

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What are the specific laws that pertain to child support, especially for single mothers?

Support can be found under Articles 193 to 203 of the Family Code.  Support has some basic principles: It is everything that is indispensable for food, shelter, clothing, medical attendance, education and transportation in keeping with the financial capacity of … Continue reading

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