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Arresto Menor
My boyfriend was married last August 2003 because his girlfriend was 3-month pregnant. On February 2004, they separated because the girl was having an affair with their Supervisor and that my boyfriend was not sure if the baby was his. The wife verbally told him that the child was not his daughter. She said that the father of the child was their Supervisor. My boyfriend and his wife and their Supervisor worked in one company in Davao. Since there was verbal confession about the paternity of child, it prompted my boyfriend to doubt on the paternity of the child. My boyfriend’s skin is white. His wife’s skin is white, too. But the Kid’s skin is brown. My husband also requested the court that he wants the child to undergo DNA Test. The Child and the Mother’s DNS were taken in Davao. My boyfriend’s DNA was taken here in NBI’s Main Office. When the result came out, my husband was not sure about it. If you look at the physical aspect of his child to his wife, it’s really beyond their personal appearance. That’s why he’s planning to have a second DNA test to be taken here in Metro Manila for all of them – the wife, the child, and my boyfriend to avoid some things that will happen. To make the story short, they lived for five (5) months only as husband and wife in one house. They have Marriage Contract but no Marriage License.

January 2005, my boyfriend and I lived together and I gave birth on 2006, 2008, and 2010. We have been living for seven (7) years now.

On 2009, the wife filed a case for financial support of 10,000/month but the Judge approved only 5,000 for this year because my boyfriend has lots of debts with Credit Card Companies. In order for the wife not to pursue any case under RA 9262, my boyfriend agreed to give 10,000/month. They both signed the Memorandum of Agreement and that his wife will stop filing case under RA 9262. It was stated in the Memorandum of Agreement that he will only give 5,000 per month up until all his credit card debts will be paid. This coming 2014, my boyfriend will start giving 10,000 as stated in the Memorandum of Agreement since all Credit Card debts will be paid. .

Upon learning this, I told my boyfriend that I am not in favor of the 10,000 per month because we have three (3) children living with us. I want him to declare in the court that he has kids with me so that the financial support to his 1 daughter of his wife will be divided among my three kids and his wife’s 1 kid. But my husband decided to keep my children out of the court’s documents for fear that the wife will file concubinage.

Instead of declaring my kids so that the 10,000 monthly financial support will be lessen, my boyfriend filed Annulment using Article 34 of the Family Code of the Philippines for the reason that they don’t have Marriage License. We are waiting for the last two (2) hearings now. The wife did not make Counter Affidavit of the Annulment filed against her. She was just silent waiting for the Court’s decision. Here are my questions:

1. The Memoranum Of Agreement was created without the knowledge of the Judge that my boyfriend and I have three (3) kids for fear that the wife will file concubinage. That’s probably the reason why the Judge approved the monthly Financial Support of 10,000 per month. May I come out and file Petition to lower down or even share the Financial Support among his wife’s 1 kid and my three (3) children?

2. In The Memorandum of Agreement, it was stated that she (the wife) will desist from all cases under RA 9262 if he (my boyfriend and her husband) will give 10,000 per month. Since she signed the MOA that stated the amount of Financial Support and Distance from all cases under RA 9262, if I come out and file petition to lower the financial support or divide among her 1 kid and my three kids, can she decline to share or can the court do something about it.

3. If Memorandum of Agreement stated that my boyfriend will give 10,000 as financial support CANNOT BE CHANGED, may I file Financial Support so that the Judge who ordered the Financial Support to give 10,000 per month to his wife will know that He (my boyfriend) has existing three (3) kids living with us.

4. If their marriage will be Null and Void due to No Marriage License, what will happen to their only child? Will she become illegitimate? His wife keeps telling us that our children are illegitimate. But I know that there is RA 9255, the Revilla Law. My boyfriend acknowledged the Birth Certificate of our children.

5. Since Annulment is ongoing, do I have to wait for the finality of the annulment before I’ll come out and do my legal steps also?

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i think he should discuss this with his own lawyer, and if i were his lawyer, i would request you not to rock the boat. 2014 is still a long time away.

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Arresto Menor
Thanks for your reply. I have to wait for the finality of their annulment before I rock the boat.

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