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the LEGAL WIFE and the ILLEGITIMATE CHILD

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1 the LEGAL WIFE and the ILLEGITIMATE CHILD on Sun Feb 03, 2013 7:47 pm

dLegalWife


Arresto Menor
good evening po...

itatanong ko lang po kung sino po ba ang may higit na karapatan pag dating sa properties ng asawa ko, ako po ba na legal wife niya or yung anak po niya sa labas? bago po kasi kami ikinasal ng asawa ko mag anak po siya sa labas pero hindi po siya kasal do'n sa nanay ng bata. may business po kami ng asawa ko at gustong iclaim nung nanay ng bata na anak daw po niya yung may karapatan do'n at hindi po ako, pero yung business po namin eh nakapangalan po sa 'kin...

the child is 8 years old... at sabi ng nanay niya ano man pong karapatan ang meron yung bata sa properties namin eh karapatan din daw po niya... totoo po ba yun?

I badly needed a legal advice here para naman po alam ko kung anong gagawin ko...

salamat po and more power

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jd888


moderator
Please next time, kindly exhibit your true age on your profile; we need to be proper here, otherwise, we will ignore some queries. Yes, an illegitimate child has a right to inherit from his biological parents. In the case of your husband's illegitimate child, his inheritance shall consist of half the share of a legitimate child (Article 176 of the Family Code of the Philippines as amended by Republic Act (R. A.) No. 9255). Is this true that you are 92 Years Old? Well, that's what your profile says. Then I presume your husband is already dead and the illegitimate child is living and the mother of the illegitimate child is very interested with the properties of your late husband. If the child is 8 Years Old, then you can't be really 92 Years Old, anyway, let us say you are on you near 60's because your husband impregnated a woman on his early 50's, before we determine whether or not the property mentioned in your letter is conjugal property or part of the conjugal partnership of gains or absolute community property, it is important to determine the date when you tied the knot with your husband. Likewise, we will presume that no agreement insofar as your property relation is concerned was executed prior to the said marriage. If you were married prior to the effectivity of the Family Code of the Philippines, that's it if you are 92 Years Old now, your property relation shall be under the regime of conjugal partnership of gains (Article 119, New Civil Code of the Philippines). As such, all properties owned by either of you which were brought to the marriage shall be your separate or exclusive property (Article 109, Family Code of the Philippines). Thus, the property mentioned in your post is your paraphernal or exclusive property. You may dispose of the same in your own liking. However, if your marriage was celebrated after the Code took effect, then your property relation shall be governed by the regime of Absolute Community of Property (Article 75, Family Code of the Philippines). If this is the case, then the abovemen-tioned property is part of the absolute community property. You may not sell it without the consent of your husband, otherwise the same is void. If you are in need of money to defray for your expenses to survive, you may petition the court to authorize you to sell your absolute community property or ask for judicial separation of property (Articles 100 and 101, Family Code of the Philippines).


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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dLegalWife


Arresto Menor
pasensiya na po hindi ko po kc na update yung profile ko.. i'm 25 years old parehas po kami ng edad ng husband ko, we gt married last year month of april po...

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dLegalWife


Arresto Menor
wala pa po kaming anak, we're planning to adopt po, between our adopted child and my stepdaughter sino po ba ang may mas higit na karapatan sa properties ng husband ko?

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jd888


moderator
Adoption involves the creation of the parent-child relationship between individuals who are not naturally so related. The adopted child is given the rights, privileges, and duties of a child and heir by the adoptive family.

Again, Article 176 of the Family Code of the Philippines as amended by Republic Act (R. A.) No. 9255 applies; Meaning, your Step-Daughter is entitled to Half of the Share of the Legally Adopted Child.

I have no textbook as of the moment, I cannot verify if the Legally Adopted Child shares the same authority as Legit Child. ANY LAWYERS EXPERT ON THIS?

But, Adoption is a process where a child becomes a legitimate child of the adoptee. There are certain requirements before a court issues a decree of adoption. Under Republic Act (R.A.) No. 8552, entitled “ An Act Establishing the Rules and Policies on the Domestic Adoption of Filipino Children and for other purposes” otherwise known as the Domestic Adoption Law.


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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concepab


Reclusion Perpetua
After the adoption, the adopted child is considered as legitimate child. and being a legitimate child of the adoptive parents, she/he will acquire the right to inherit from the adoptive parents.

Sec. 17 and 18 of RA 8552

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dLegalWife


Arresto Menor
thank you for the information... malaking tulong po eto sa 'min ng asawa ko na magkaroon ng idea kung ano ang dapat naming gawin, yung step-daughter ko po sana ang aamponin ko kaso ayaw naman ng nanay niya kasi mas pinagpipilitan na walang ibang may karapatan sa lahat ng properties ng asawa ko kundi ang anak lang daw niya at since siya ang ina ano mang karapatan meron ang anak niya karapatan din daw po niya, parang ang unfair lang kung magiging ganon kasi kami kayod kabayo ng asawa ko pero iba lang ang makikinabang

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jd888


moderator
@dLegalWife above all these, exercise due consideration for the offspring of your husband. that's all.


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
View user profile http://www.chanrobles.com/

attyLLL


moderator
adopted child will have all the rights of a legitimate child, but his connection does not go beyond the parents. (meaning cannot inherit from grandparents.)


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concepab


Reclusion Perpetua
dLegalWife wrote:thank you for the information... malaking tulong po eto sa 'min ng asawa ko na magkaroon ng idea kung ano ang dapat naming gawin, yung step-daughter ko po sana ang aamponin ko kaso ayaw naman ng nanay niya kasi mas pinagpipilitan na walang ibang may karapatan sa lahat ng properties ng asawa ko kundi ang anak lang daw niya at since siya ang ina ano mang karapatan meron ang anak niya karapatan din daw po niya, parang ang unfair lang kung magiging ganon kasi kami kayod kabayo ng asawa ko pero iba lang ang makikinabang

Since hindi naman sila kinasal, walang karapatan ang mother ng bata sa properties ng father. Now if she is referring dun sa mana, matagal pa yun. For now, ang tanging mahihingi niya sa father ng bata ay ang regular child support which is the monthly allowance ng bata at ng bata lamang.

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dLegalWife


Arresto Menor
actually we did that last year kasi kinuha po yung bata sa 'min so para walng issue nag sustento po kami kaso nagkasakit po yung bata tapos d siya maalagan ng tama ng nanay niya kaya kinuha namin siya at andito na po siya sa amin ngayon nakatira... sa case po ng sustento ang nanay po ba ang dapat na mag set ng exact amount para sa ibibigay namin sa bata or kami po?

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12 Re: the LEGAL WIFE and the ILLEGITIMATE CHILD on Fri Feb 08, 2013 11:05 am

aica


Arresto Menor
Hello, dLegalWife. Gusto ko lang linawin - nasa inyo bs ang bata sa ngayon, o nasa mother nya?

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dLegalWife


Arresto Menor
hello aica... sa ngayon nasa amin po yung bata,

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