ayon sa batas 1

17. I have been separated from my husband for 10 years. Right now, I have a loving, stable relationship with my boyfriend, who is a foreigner. We want to get married in Manila soon. Will we have a problem with our plans since I have been previously married?

1. Yes. You cannot marry another person, whether a Filipino or a foreigner, because you are still considered married to your husband in the eyes of the law. It doesn’t matter if you have been separated from your husband for a long time. You will have to have your previous marriage properly annulled before you can get married again. Until you do so, you cannot remarry under Philippine laws.

Remember also that before you can get married again, you will have to get a marriage license from the Local Civil Registrar where you habitually reside in the Philippines. This will require a declaration that you are single, or else you have to submit a copy of the Court Order/Decision which declared your previous marriage as judicially voided or annulled, among other things.

If you decide to get married in another country, the government of that country may also request that you submit as part of the requirements a certification from our embassy or consular office that you are qualified to marry. The Office of the Civil Registrar General should issue a Certificate of No Marriage (CeNoMar) or Certificate of Singleness to prove that you are eligible to marry. At the moment, you cannot get that certification since your previous marriage has not yet been annulled.

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Q. I am a single mom and I gave birth to my son in 2001. I heard that there is a new law which allows illegitimate children to use the family name of their father. Can my son, who has been using my family name since birth, now use the family name of his father?

A. Yes, your son may use the family name of his father, as allowed under Republic Act 9255. This is a purely administrative proceeding which must be filed at the Office of the Local Civil Registrar. However, you will be required to submit proof of filiation or an acknowledgement of paternity. This means that your child may only use the family name of his father if he has been expressly recognized as such by him, whether (1) in the record of birth, or (2) in an admission in a public document (for example, the father issues an affidavit to attest that he is the father of your son), or (3) in a private handwritten letter or document. A copy of the baptismal certificate may also be accepted as proof of filiation, as long as the name of the father appears in the document and the father himself appears at the Civil Registrar’s office during the hearing.

Keep in mind that all children, even illegitimate children, have the right to be supported by their parents. As long as there is proof of filiation and paternity, it is not only the use of his father’s family name to which the child is entitled, but more importantly, the right to demand for support.