Legal Question in Family Law in Philippines
I have 3 questions,
My cousin got pregnant and married her boyfriend, but someone "lost" their marriage certificate and so the marriage wasn't registered anywhere. There were, however, witnesses to this occasion as well as pictures of the event taking place. When she gave birth to their child, the father signed the birth certificate so the child bears his last name. After a year of marriage, the boy's father told the boy to leave my cousin for someone wealthier, and so he did. At first the boy's family would still buy diapiers and milk for the child, but eventually they stopped, and the boy eventually stopped coming to the house to see his daughter. My cousin still let his family see the child, but recently the boy's grandparents asked to see the child and my cousin decided to take her daughter to a prior commitment, and the boy himself filed a complaint to the dlswd against my cousin for depriving him of his rights as a father. That's rich coming from a guy who turned his back on his child and fathered another with a wealthier woman who's parents he lives off of.
Question 1: is their marriage null and void?
Question 2: (if their marriage is valid) does my cousin have the right to complain about her husband leaving her for another woman? to whom should she speak with?
Question 3: if he's not giving any support to the child (compensation or otherwise), does he have any right to her?
**the boy and the girl he knocked up and left my cousin for are currently living together and my cousin is raising my niece by herself. We're not after the boy or his money, our family can take care of our own. I'm just tired of seeing my cousin get stepped on, she deserves better than that and he deserves to get what's coming for him.
1 Answer from Attorneys
Even without a registered certificate of marriage it can still be valid as long as the essential and formal requisites are present. But the certificate of marriage is the best evidence of marriage. Yes, your cousin can file a criminal case for abandonment and violation of RA 9262 for failure to give support which amounts to economic violence.
Related Questions & Answers
-
Is secret married legal? what are the requirements? Asked 1/17/13, 7:45 pm in Philippines Family Law, Divorce, Child Custody and Adoption