Second family wants to become the legal family
"Dear PAO:My father had an existing first valid marriage when he married my mother. Does my father’s first family have rights to the properties of my father? What can we do to be my father’s legal family?
Ms. ConfusedDear Ms. Confused,
Anent your query of whe-ther or not the first family of your father has rights over the properties of the latter, our answer is in the affirmative. The property relation of common law marriages or cohabitations where one or both of the parties are not capacitated to enter into a valid marriage, like the relationship of your parents will be governed by Article 148 of the Family Code of the Philippines.The law explicitly gives to the property regime between your father and his legal wife the share of your father in whatever properties he acquired with your mother. Being your father’s legal family, they are entitled to be supported by your father. Such support may come from whatever properties your father may have.
As to your question on how you can be your father’s legal family, your father and your mother must first be validly married in order to legitimize the relationship of your family. To be able to do so, your father’s first marriage must be annulled or declared as null and void. If there is a ground for annulment or for the declaration of nullity of marriage between your father and his first wife, your father should file a Petition for Annulment or Petition for Declaration of Nullity of Marriage in the Regional Trial Court of his place of residence. Once his marriage is annulled or declared null and void, he will have the capacity to marry your mother. The marriage that will be entered into between your mother and your father after the annulment or declaration of nullity of your father’s marriage with his first wife will be considered valid for all intents and purpose of the law. However, the subsequent valid marriage between your parents will not change you and your siblings’ status from illegitimate to legitimate children. Under Article 177 of the Family Code, only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. It is clear from your narration of facts that your father contracted a previous marriage before marrying your mother. Thus, at the time that you and your siblings were conceived, your father was not capacitated to marry your mother. To elevate you and your siblings’ status to legitimate children, your parents should adopt you after they are validly married. Under Article 189 of the Family Code, for civil purposes, the adopted shall be deemed to be a legitimate child of the adopters.We hope that we were able to address your concern.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com or via text message (key in: Times dearpao and send to 2299)."
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"Second family wants to become the legal family"
was written by Mary
under the Legal Advice
category. It has been read 156
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comments. The article was created on 15 September 2021
and updated on 15 September 2021