Man learns he is not the father of second child
"I would like to seek your opinion regarding the illicit affair of my wife with another guy. We were married in December 2005 in a civil rite and on that same month, a Church wedding was held. We were gifted with a child who was born in February 2007. In December 2008 another child was born. In August 2009, I was able to get the e-mail password of my wife and upon opening her e-mail, I was surprised to learn that she was having an affair with another guy. Through her e-mail, I also discovered the detailed account of their relationship—since November 2007 up to the present, they are secretly seeing each other. When I confronted my wife, she admitted she’s having an affair with the said guy. She also admitted that I am not the father of our second child. These are my questions:
1. Shall I report the matter to the police or to the barangay? Do I need a lawyer for this? What cases shall I file against my wife and her paramour? Will they be imprisoned and for how long?2. To whom shall the custody of our second child be awarded? Can the lover of my wife take custody of him? In spite of the fact that I am not his father, I want to treat him as my real child.
3. Do I have full parental authority over the two children?Cito
Dear Cito,Anent your first question, there is no need to go to the Barangay or Police Authorities to report the incident concerning your wife and her lover. The matter is likewise beyond the jurisdiction of the Katarungang Pambarangay considering that the penalty for the offense committed by your wife and her lover exceeds one year imprisonment. (Supreme Court Administrative Circular No. 14-93).
Based on your narration, you may file a Criminal Complaint for Adultery against your wife and her paramour. You may directly file the said criminal complaint before the Office of the City or Provincial Prosecutor, which has jurisdiction over the place where the offense was committed. In preparing the complaint and during the Preliminary Investigation of the case, you will need the services of a lawyer to assist you. Once the prosecutor finds probable cause, he will file the appropriate case in court and shall be the one to prosecute the case. If proven guilty, they may be imprisoned for a period ranging from two years, four months and one day to 12 years. (Article 333, Revised Penal Code of the Philippines)In relation to your second question, since the child was born during the existence of your marriage with your wife, the law presumes that he is your legitimate child. (Paragraph (1), Article 164, Family Code of the Philippines) Unless an action in court is filed to impugn the child’s legitimacy, he shall remain as your legitimate child. Since he is your legitimate child, it follows that you and your wife have joint parental authority over him and therefore, you have every right to take his custody. (Articles 209 and 211, Family Code of the Philippines) The biological father will never have any right to take the custody of the child because he has no parental authority over him.Lastly, you shall exercise joint parental authority with your wife over your two children. In the event that your wife and her lover are found guilty and shall be put in prison, the custody of the two children shall automatically be given to you and no one else. However, the imprisonment of your wife, taking into consideration the penalty, does not divest her of her parental authority over the two children.Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to guide you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org or via text message (key in: Times dearpao and send to 2299)."
Please support us in writing articles like this by sharing this post
Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.
--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.
"Man learns he is not the father of second child"
was written by Mary
under the Legal Advice
category. It has been read 113
times and generated 0
comments. The article was created on 15 September 2021
and updated on 15 September 2021