November 24, 2015

Basic Marriage Laws I Learned from Radyo 5’s Relasyon

I am a regular listener of Relasyon, a Radyo 5’s program ( 92.3FM) that aims to help common people to familiarize with our existing law. The program is hosted by Atty. Mel Sta. Maria and Luchi Cruz-Valdez. Since I started listening to their program, I observed that most of the legal problems being asked or encountered by listeners are about marriage, child custody, child support, inheritance, and partition of properties.

But before you think of ending your marriage, you might first want to seek the help of a couple therapist to try to save your relationship. Because as we all know, a broken family has a great impact on children. 

Moving on. Annulment is different from nullity of marriage. Others used to think that these two are the same. Based on what I heard frequently, nullity of marriage is a scenario that from the start, no legal marriage is considered. By not completing the 5 pre-requisites makes the marriage null and void. These pre-requisites are legal age (18 and above), marriage license, there is a ceremony, the ceremony is officiated by authorized body, and couples willingly say their “I do” in front of the officiating person.

Annulment, on the other hand, a valid marriage occurs and only cut upon the request and agreement of the couple. Reasons for filing annulment are the absence of parental control, insanity, fraud, force or intimidation or undue influence, impotence, and sexually transmitted disease. 

One of the common ground to cut the marriage is psychological incapacity. This ground is for nullity and not annulment as others commonly know.

Property partition as inheritance is also commonly tackled in the program. I learned that when a spouse died, their properties will be divided into two. The first half will be going to the widow/widower while the remaining half will be equally divided to widow/widower and the kids. 

Issues about child custody are also frequently discussed. As per our law, kids should be in the custody of the mother until 7 years old. After that, the kid will have the freedom to choose where to stay. However, paramount interest of the kid will still be the main consideration in such cases.

Speaking of kids, child support is also another issue. A child should be supported mainly by the father. In case that the father is not capable of providing the basic necessities of the child like food, clothing, shelter and education, the parents of the guy will take the responsibility to provide the needs of the child.

Though there is a court that can handle lawsuits resulted from the cases mentioned above, there are still other ways to resolve such cases without going to the court or else, it might be considered as one of the ridiculous cases filed in court. Just like the bizarre lawsuits in Though these are considered ridiculous, it is still might help others in case others encounters such incidents. 

Are you aware of these common issues above?