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Need some advice..

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1 Need some advice.. on Thu Nov 29, 2012 3:53 pm


Arresto Menor
Good afternoon! I searched in Google to find answers of the questions in my mind until i read your blog about Legal Updates.I hope you can help us. But i just want to consult this problem of ours. Here it is, my partner in life, Audiever (since we're not yet married) was adopted. I don't know what to call it since they said he was not legally adopted. His biological mother said, when she was still pregnant to Audiever, her younger sister and the husband promised to adopt the child she was bearing because they can't bear a child. The mother of Audiever was sickly at that time and almost died when Audiever was born. So, the couple hurriedly took him and they said they will legally adopt him. The mother did not know that her name was erased in the Municipality and the couple made a live birth on their own. They put their names as the father and mother of Audiever in the live birth as well as in the baptismal certificate. They considered Audiever as their very own child. So, they took Audiever to Cebu from Mindanao. They lived their lives together happily. Audiever had no idea that he's living with his aunt and uncle not his real parents. They raised him well and never ever told him about what happen in the past. Until few years later, the mother who adopted him died because of breast cancer. That was the time that his real parents confessed to him. He did not believe it because he really thought his mother who died is his real mother. She died without even telling him. So, his real family wanted him to be with them but Audiever chose to be with his father (the one he thought is his real father). Later, they have misunderstanding. He kept on asking his father, but he kept on denying the truth. But then few years after his mother died, his father died also with cancer. He died just this year. Now, the problem is, the siblings of his father filed him a case - Injunction and Annulment of Birth Certificate. They wanted to annul his Birth Certificate because they don't want him to inherit anything from his father. Now, the question is, his father put him as legal beneficiary in GSIS, BFP, IMBAI, AFPSLAI and PAGIBIG. Does Audiever has the right to claim anything? Another question is, he is not adopted. They really treat him as their own son. So, there is no adoption paper. We are so confused about this. We are very poor and they are over degrading Audiever. And they lied in the court, we don't know why. We don't know why they are doing all of this. When Audiever already told them that he's not interested to claim anything. The case surprised us. Knowing that we are very poor and they are wealthy enough. And they said, if proven by DNA test, he's Birth Certificate will be annulled. So, what will happen to him? He's using the Surname of his beloved parents who died. He really treat him as his biological parents. Now, he's so worried. And he's also afraid about the charges he will pay if he will not win the case. Please give us some advice. We are just very poor and we don't know anything about this legal matters.

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