Family law is close to the heart of all of us because the family relations, rights and obligations are defined, from the requirements of a valid marriage, the obligations of support, child custody, adoption and termination of a marriage void ab initio.
Senor Juan (not his real Name) marries Maria in Mexico Pampanga.
Soon after the celebration of the marriage, Juan discovers that Maria
is previously married to Pocholo, and Pocholo is separated from Maria without legal separation.
Juan decides to leave Maria in Mexico, then Juan works on his overseas work papers. Eventually Juan leaves for America as the ship is based in San Diego California.
In San Diego, Juan meets Criselda, falls in love and live like husband and wife. Juan did not file in the Philippine court any application of the declaration of nullity of his marriage to Maria.
Juan visited Manila and applied for a US visa of a niece whom he has adopted. The US embassy informed Juan that his prior marriage to Maria is still subsisting. His securing residency in the US because of Criselda can be canceled, because of fraud in concealing the subsistence of a prior marriage.
What is Juan to do?
In this case you apply Philippine and US law.
Another case Zenaida , a Filipina was impregnated by her boyfriend
Akiro. Their son Noriko was born in Marikina. Norikos birth certificate shows the name of his father is not written, so Noriko carries the surname of Zenaida.
Three years later , Akiro visits Manila and decided to voluntary recognize Noriko as his son.
This can be done by filing an affidavit for voluntary recognition
of Noriko to be executed by Akiro and filed in the civil registry.
Noriko has to also file an affidavit authorizing Noriko to use the surname of Akiro.
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Senor Juan marriage to Maria is void ab initio. Therfore there is no marriage at all as Maria has not annulled her marriage with Pocholo. Juan relationship with criselda is term de facto relationship and is therefor valid and the acquisition of residency status is not tainted with fraud.
Posted by Lucien Sales at December 1, 2007, 8:37 am