hindi po ako.. ung friend ko po.. kasal sila at may 2 ang anak nila. 1st year high school at 4th year high school na sa pasukan. ang mga bata nasa poder ng mama nila. ang mag asawa parehas silang nasa abroad nagwowork. nagkahiwalay sila dahil sa mga balibalitang wala naman katotohanan.naniwala si husband sa mga sabi sabi at pinagbintangang may kinakasama si wife at may ibang anak na daw dun sa kinakasama nya. pero wala naman syang katibayan dahil sabi sabi nga lang.
ngaun itong si husband po nagkaroon ng karelasyon.. higit isang taon na sila at nagbabalak ng umuwi ng pinas.. at magpapagawa daw ng kasulatan para sa paghihiwalay nilang mag asawa at pagagawa rin daw ng kasulatan para sa suporta daw nya sa mga bata.. ang work ng lalaki ..chef cook sa Qatar. padala nya monthly sa mga anak nya 8000php minsan less pa. sa tingin nyo po ba sapat yun para sa 2bata?
pasensya na po magulo yata kwento ko...
Kung kasal sila, hindi pwedeng sa kasulatan lang nila ilalagay ang paghihiwalay nila.
Marriage is a special contract of permanent union between man and woman in accordance with the law for the establishment of conjugal and family life. And, it is the foundation of the family and an inviolable social institution ” (Sec. 1, Family Code of 1987).
How to distinguish Marriage from Ordinary contracts? (Quoting Salonga Center for Law and Development)
In ordinary contracts; 1) the agreements depend on the terms and conditions expressly stated therein by contracting parties but not to the extent that such conditions are against the law, public policy, public order, morals, or good customs, 2) the age requirement upon entering to ordinary contracts is the age of majority and, 3) the contract may end through express provision of the law, through expiration of the terms for which the contracts agreed, through the fulfillment of the purpose for which the contract was entered into, or through mutual agreement of the parties concerned.
In marriage; 1) the nature, consequences and incidents are governed by law, 2) the age requirement of marriage varies and, 3)
marriage may end only through death or annulment for legal causes.So you see, marriage bond may only end thru death or annulment.
Pag nagkaroon sila ng kasulatan na maghihiwalay sila, yan ay matatawag natin na "contrary to law" and is without effect.
Executive Order No. 209
The Family Code of the Philippines States that:
Title VIII: Support
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. (290a)
Art. 195. 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 (291a)
Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or negligence. (291a)
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (296a)
Support may be given in kind or its equivalent monetary value.
The amount of support that may be demanded varies from one to another depending on the necessities of the receiver and the financial capacity of the provider.. As such, there is no fixed amount of support that the law provides, the same is dictated by the needs of the person to be supported and the capability to provide of the person legally obliged to give support.
Hope this answers your question.
Should your friend wish to know more about this, kindly go to your favorite lawyer.
