Tobes and Tobes Law Offices

Roxas Boulevard cor. Dr. J. Quintos St. Manila, Philippines 1000

March 22, 2013 Mr. Dolphy Quezon Brgy. 34, Catmund Street Marikina City Dear Mr. Quezon: This matter is regarding the queries you have about your marriage. You have several questions which I have an answer as stated in the following: A) Can you and your wife execute a written document basically stating that you give each other freedom to live separately and marry another if you wish? The answer would be no. Under Article 221 of the New Civil Code such contract is null and void, to wit:

Art. 221. The following shall be void and of no effect: (1) Any contract for personal separation between husband and wife;

B) Are you obliged to give support to your family including for the education of your children ages 19, 17 and 15?

Yes. Under the law you are obliged to give support to your children, especially their education. Note also that even the child reaches the age of majority as long as she needs educational support for schooling for some profession, trade or vocation, you are oblige to give the support. This is under Articles 195 and 194 respectively, which provides:

Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and (5) Legitimate brothers and sisters, whether of full or half-blood; and Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. C) What would be your legal recourse? You can file for an annulment case of for legal separation provided that you can present grounds for such actions. D) If your girlfriend is pregnant, what would be the status of your child? Your child will be considered illegitimate as stated in Article 165 of the Family Code: Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. E) What is the status of your property which you bought with your wife? The status of your property would be conjugal partnership which is governed by Article 116 of the Family Code, which provides:

Art. 116. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved.

F) What is the status of the property you bought with your girlfriend?

That property will be governed by the rules of co-ownership as stated in Article 147 of the Family Code:

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. My answers to your queries are solely based on the laws. Please be guided by this.

Very truly yours, TOBES AND TOBES LAW OFFICES

By: ADAH GWYNNE P. TOBES Legal Counsel