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  1. Join Date
    Jan 2006
    Posts
    12,192
    #71
    Quote Originally Posted by usokpower View Post
    I just would like to add something with regard to concubinage

    Under the Civil Code, a husband may have committed concubinage in any of the following manner, to wit:

    1. maintaining a mistress in the conjugal home
    2. ***ual intercourse with another woman on a scandalous manner
    3. cohabiting with her in any other place.

    So you may be able to circumvent the law on concubinage if you avoid what is afore-stated in the enumeration. However, if you are caught or it was proven that you have had ***ual relations other than your wife even if it is just a one night stand then it is now a ground for legal separation under article 55 of the Family Code.

    The effects of legal separation as I recall them would be:

    1. The spouses shall be entitled to live separately from each other, BUT THE MARRIAGE BOND SHALL NOT BE SEVERED.

    2. Your properties will be liquidated and dissolved and the OFFENDING SPOUSE SHALL have no right over the net profits realized from the said properties which shall be forefeited.

    3. The custody of the minor children shall be given to the innocent spouse.

    4. The offending spouse shall be disqualified from inheriting from the innocent spouse. Moreover, any will made by the latter in favor of the former shall be void.

    Hence, you cannot contract a second marriage, a big chunk of your properties will be taken by your spouse, and you cant have custody of your children.
    What's the legal definition of a spouse in the Philippines?

    I always assumed a spouse is the legally married partner(s). It doesn't seem to be that way based from what I'm reading there.

  2. Join Date
    Oct 2002
    Posts
    526
    #72
    Quote Originally Posted by Jun aka Pekto View Post
    What's the legal definition of a spouse in the Philippines?

    I always assumed a spouse is the legally married partner(s). It doesn't seem to be that way based from what I'm reading there.

    Your assumption is correct. When we say "spouse" we are presuming that he/she is legally married to an opposite *** provided that they followed the essential and formal requisites of the same as defined in the Family Code. Furthermore, their marital union should not suffer any legal infirmities such as bigamous or polygamous marriage, any party who is not capacitated to marry, if the solemnizing officer has no authority, etc..

    Furthermore, jurisprudence or Supreme Court decisions explained to us that all marriages are presumed valid unless there is a judicial declaration of nullity of the same.

    I dont want my post to be long but hereunder are the articles indicated in our Family Code which provides several legal definitions of marriage and among others:

    1. Article 1 - legal definition of marriage
    2. Article 2 and 3 - essential and formal requisites in order for marriage to be valid

    3. Article 35 - void marriages
    4. Article 45 - voidable marriages (annulment)
    5. Article 55 - legal separation

    Sorry if I cant provide you a link ayaw gumana nung site. Anyway if you find the time visit www.lawphil.net or www.supremecourt.gov.ph for any pertinent jurisprudence relevant thereto.

  3. Join Date
    Jan 2006
    Posts
    12,192
    #73
    Actually, it's my bad. For some reason, The way it read there, I kept thinking spouses referred to wife and mistress instead of husband and wife......

    Never mind. But, thanks anyway.

  4. Join Date
    Oct 2002
    Posts
    526
    #74
    Quote Originally Posted by Rhumble View Post
    Naging argumento na yan sa korte, sabi nung defendant, hindi sya guilty of having *** inside his car kasi nga private property ito. Ito ay maituturing na extension of his dwelling!

    Natalo sya e....
    But are you willing to take all that risk and defend your right thru a tedious process in court especially philippine courts? We all know that the wheels of justice in our country is exceedingly slow. A good example would be Philippine Airlines vs. Court of Appeals (G.R. No. 119706, March 14, 1996). It is just a simple case by a shipper who filed charges against its carrier PAL for a broken oven worth P30,000.00. PAL denied liability. It took 6 years before the Supreme Court decided with finality over a simple case like this. Well I believe PAL filed another motion for reconsideration to prolong the case even more.

    Kaya mag *** nalang kayo sa bahay o kaya sa motel para iwas sa gulo

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philippine *** laws