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i'm sorry nawala ako for awhile... but am back, and apparently, i missed a lot. but of course, resident paralegal rudy handled everything well (actually aaminin kong mas magaling sya mag-explain than me. so no loss that i was absent for awhile.)! mag-law school ka na kasi!!!
just in case some posters see this:
-RA 9255 might have been passed in 2004, but correct me if i'm wrong, i believe it should apply retroactively. meaning: lahat ng batang pinanganak after the family code came into effect can use 9255 as basis for having the child use the surname of the father as long as he issues an acknowledgement of paternity
-re annulment: matagal, magastos, magulo. PM me if you're really interested. or go to your nearest PAO lawyer for help.
-as long as the father acknowledges paternity, it is the DUTY of the civil registry to register the child according to what is contained in the birth certificate. whether the father can COMPEL the registration of the child under his name, i think YES, he can. there's nothing in the law that says that the mother should give consent. and klaro, if the father issues an acknowledgment of paternity, pwede na gamitin ng anak nya yung apelyido nya.
-although 9255 is clear that the mother of an illegitimate child exercises parental authority over the child, madaming provisions under the family code that the PARENTS have joint parental authority over the child. whether or not you're married, the mother & the father has the joint right to exercise parental authority and the join duty to provide support, etc, etc.
over & out.
Welcome back Atty. Planggacious! Oo nga, namiss ka namin, tagal mo nawala. Andami na yata kliyente mo ah, masyado busy.. hehe.. Well anyway, thanks for the vote of confidence. After nga po nitong Phd ko, promise, isusunod ko na ang law school para makadagdag na ako sa PAO. hehe..
With regards to the well renowned RA 9255, yes you are correct. I have reviewed the Rules and Regulations governing the implementation of RA 9255 (http://www.census.gov.ph/data/civilreg/irr_ra9255.html) and yes indeed, Rule 1.1 states that ďThese Rules shall apply to all illegitimate children born before or after the effectivity of R.A. 9255Ē.
So there you go TET0118. If in case hindi na mahabol yung birth certificate ng daughter mo, nothing to worry. You can still have it changed. All you need is a public document executed by the father such as the Affidavit of admission of Paternity or the Affidavit of Acknowledgment. But then, as Iíve recently explained, be sure you really want your daughter to use her fatherís surname. Baka naman po pagdating ng oras eh problemahin mo din yung pagbabalik sa surname mo like our other pexter here.
May problem lang po ako Atty. dun sa last 2 message mo:
1) Malinaw nga daw po dun sa Art. 176 of the Family code, pati na rin dun sa RA 9255 that ďillegitimate children shall be under the parental authority of the mother.Ē (As Iíve mentioned in my Page 1, Sept. 18, 2008 post in this thread)
2) The local civil registrar requires the mother to also sign at the back of the birth certificate of her illegitimate child if she consent to the father acknowledgement of paternity.
3) Papano kung sabihin ng mother na ďBakit ba mapilit ka na gamitin ng anak ko ang apelyido mo eh hindi naman ikaw ang tatay! Hindi ikaw! HINDE!Ē (so kelangan talaga payag ang nanay, mahirap makipagtalo na ikaw nga ang tatay)
ďAn illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child in her company. The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care. Ö Ö "
Marami pong salamat. Please do visit us again here.
Thank you ms YREYES.
I'm wishing everyone here a Blessed Christmas and a Prosperous New Year! Let us continue to support each otherÖ May our Heavenly Father continue to bless us with kindness and may He continue to embrace our children within the cradle of His love.
sorry i wasn't able to read your last reply, ngayon lang talaga. Regarding my case po ulit, may nakausap kasi akong friend and sinabi niya na pwede pa gawan ng paraan kung hindi pa narehistro si baby sa city hall. Sa makati ako nakatira and pinanganak ko ang bata sa Novaliches, Lying in lang. I have my copy of my child's birth certificate pero I am not sure kung naendorse na sya sa NSO stuffs like that. Hindi ko kasi alam pano iche-check. If ever na hindi pa narehistro ang kid ko, is there a bigger chance for him to use my maiden name instead, kahit hindi na surname ng husband ko? Or do we still have to undergo judicial process?
Sa totoo lang I wanted to try na ipa-late registration na lang kasi for sure hindi na hahabol ang biological father niya. Sobrang hassle kasi kung idadaan pa sa adoption. Wala din kasing malaking budget.
Pano po ba ang process ng adoption by the way? Kasi, if that's the only way, wala na ko magagawa. Malapit na kasi magschool si baby ko. Gusto ko maayos na lahat before he starts schooling. Thanks in advance po.
Normally, basta naisubmit mo na sa city hall ang birth certificate ng baby mo, they forward it to the NSO immediately for filling. Para macheck mo, try to request for an authenticated copy of your child's birth certificate from the NSO na mismo. If lumabas sa records nila na wala pa naka file na birth certificate ang baby mo then yes, pwede ka magpa late registration and ang ilalagay mo na surname ng baby mo is yung maiden name mo.
I have posted the process of adoption sa first page ng thread na to.
i have 1 year old baby boy, single m0m.. Gusto ko lang po malaman if ever na makapagabroad po ako may right po ba na *** biological father nya ang magaalaga ng baby namin?
question, paano po yun hierarchy kung sino yun pwedeng mag-alaga sa bata if ever mamatay yun nanay niya? is it the parents of the mother or the biological father of the baby? hindi kasal yun parents nun baby.. thanks..
hello! ang useful naman ng thread na to, i've read through this thread, pero hindi pa rin ako kontento sa answers kasi walang kapareho sa dilemma ko senxa po if nasagot na *** tanong ko
i gave birth last jan 2 to a baby boy. ang problem ko now is the baby's daddy is abroad and won't be coming home until july/aug this year.
i don't want to file for late registration kasi i need the baby's birth cert for SSS and healthcard purposes.
is it possible for me to just send the daddy the birth cert and have him sign? enough na po ba yun or we still need a notarized affidavit or something... nung nasa hospital po kasi ako sinulat ko na surname ng baby is yung sa daddy nya...
we're planning on getting married naman pag uwi nya
If ever makapag abroad ang mother ng bata, basically ay desisyon ng mother kung kanino nya ihahabilin ang bata, whether sa lolo at lola or sa biological father nung bata. Pag sa parents nung mother inihabilin ang bata, meron pa rin naman visitation rights ang biological father pero hindi nangangahulugan na pwede na nya kunin ang bata dahil wala ang mother. Hindi naman kasi nangangahulugan na nawawala ang karapatan ng ina or inabandon na ang bata if nag abroad ang mother. Maaring dahil lang sa work or vacation. Maari lang magkaron ng chance ang biological father to petition for custody if proven na pinapabayaan ang bata or maltreated in any way.
The parents of the biological mother will be granted custody of the child in case the mother dies since hindi nga kasal ang biological parents. This is the same in adoption cases like sa case ko. Iíve adopted my biological daughter to be granted custody. Now, if something happens to me, my daughter will NOT go back to her biological mother but she will then be under the custody of my parents.
Yes, I believe you can do that. That is just a simple internal administrative process, no need for additional notarized affidavit or something. You can simply send the birth certificate and have the biological father sign the acknowledgment at the back. But your son will remain illegitimate unless you submit your marriage certificate to the civil registrar after your wedding.
need advice on this case:
my sister is a single parent she has a 12 yr old illegitimate son. the father acknowledged in my nephew's bc but that was all there is to it as he swiftly disappeared on my sister since then. in effect my sister raised my nephew alone.
now the thing is, my single parent sister will migrate to canada with my nephew and she was told by the immigration case officer that she must provide a child custody paper or court order stating her full custody of her child or a written consent by the father allowing my nephew to permnently leave philippines.
what she did was....obtained a solo parent i.d at dswd and the solo parent bill notarized plus a copy of notarized website link of dswd faq on travel permit on child stating that mother has sole parental authority over illegitimate son...
while canada's stand on child custody will respect the law of an applicant's country.
do you think this is enough? what else is best action for her to do without the court order and consent thing...please advise .
As I've mentioned repeatedy from the start of this thread, I' not a lawyer... But I hope I was able to help others here...
To Busyboy: We have one lawyer here, Atty. Planggacious, who drops by sometimes... sige po, let us just wait for her, she might visit us again
thanks po sa info.. ask pa po ako isa kung nasa abroad po ang biological father ng anak ko, may visitation rights din po ba yung family nung biological father?
thanks for the response rudy. will await answers.
hindi ko pa kc nadadala ang birth certificate ng kid ko sa city hall. Kung ganun po, mas madali ko mapapa-late register ang baby ko.
if doctors have specialization like cardiology, dermatology, gastroenterology, pulmonology & other ology, is it the same for
lawyers. pardon my ignorance on this.
like may lawyer ba who
specialize on Real Property matters kasi madami ng nanloloko, from developers themselves minsan to brokers/agents. Good kung mamera o thousands lang involve. And I guess, more so now we're experiencing financial crisis. Add pa dito yong ibang govt.agencies
to deal with esp. pag nagiisa naglalakad, walang witness sa mga hidden deals.
sorry if i am in the wrong thread. i just saw "legal matters" kaya nakapagpost ako. thanks to rudy and to the 2 lawyers for their UNSELFISHNESS. may your tribe increase. God Bless!
Ayon po sa paliwanag ng ating mga consultant, may karapatan ang mga grandparents for visitation rights as substitute nung father na nasa abroad Kung kasal ang magulang nung bata. But in your case, since hindi nga kayo kasal, maaaring mag request ang family nung bilogical father for visitation rights pero hindi ito mandatory, so discretion ng mother kung ipapahiram nya or hindi.
As a parent myself, kung maayos naman ang pakikitungo nung family nung biological father and they are really keen on seeing your child kahit minsan lang, I would encourage na ipakilala mo na rin. Paglaki din naman kasi ng bata, makikilala din nya eventually yung family na yun. But if you think na makakagulo pa sa bata in any way kung makikita nya pa yung family, then it's your call to deny them of visitation rights.
Hindi lang mapapadali but kailangan mo na i pa late register ang anak mo para magkaroon na sya ng birth certificate. Itabi mo na lang ang unang birth certificate nung anak mo then humingi ka na lang ng bagong form dun sa lying in clinic kung saan ka nanganak at papirmahan mo ulit dun sa taong nagpaanak sayo. Sabihin mo na lang na nawala or nabuhusan ng tubig yung una mong form. But make sure na ang ilalagay nilang surname ng anak mo ay yung maiden surname mo na. Bale walang middle name ang anak mo and N.A. ang nakalagay sa box nung father's information.
Basically kasi, lawyers can handle any case pero nagkakaroon sila ng field of specialization kung sa isang area ng mga kaso lang sila nagcoconcentrate. Meaning, iisang klase lang halos ng kaso ang hinahawakan ng isang lawyer wherein he/she gains more experience, conducts further reading and is updated with latest jurisprudence on that field (such as family cases, labor related or corporate cases). Lawyers can also take masterís degree but it is not the same as the kind of specialization that doctors take. It is still the line of cases that the lawyer practices that kindda determines his/her line of specialization.