Q. What is psychological incapacity as a ground to declare the marriage void?
A. This is provided under Article 36 of the Family Code. This has been specifically defined in the case of Santos versus Court of Appeals decided sometime in January 4,1995 as referring to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic martial covenants that concomitantly must be assumed and discharged by the parties to the marriage which, xxx, include their mutual obligations to live together, observe love, respect and fidelity, and render help and support. Psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability."
Q. But what are the manifestations of psychological incapacity?
A. The usual manifestations of psychological incapacity as found by clinical psychologist are narcissistic, anti-social personality disorder.
Q. How can I prove psychological incapacity of my spouse?
A. While the rules does not require that a psychological evaluation be alleged in the petition at the time of its filing. However, it is important that you should submit for a psychological evaluation to determine clinically the existence of psychological incapacity of either spouse. Simply, stated you can prove it by submitting yourself for psychological evaluation but you have to be truthful with the information you will disclose. Thereafter, a report in this regard will be issued by the psychologist finding psychological incapacity of either or both spouses.
Q. How can I have my birth certificate corrected?
A. To change your first name, and for correction of minor clerical errors, you can simply file an administrative petition with the Local Civil Registrar of your place of birth or residence, under Republic Act No. 9048. However, for substantial errors such as errors in birthdates, gender, etc. you have to file the proper petition with the Regional Trial Court of the place which issued your birth certificate.
Q. My husband abandoned me and our children. What legal steps should I take in order to compel him in providing for our support?
A. You can do this by filing a petition with the Family Court of the place where you reside with prayer for issuance of a protection order under Section 8 of Republic Act No. 9262 (Violence against Women and Their Children). The protection order will include the relief directing your husband to provide support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of your husband to be withheld regularly by his employer to be automatically remitted directly to you. The failure to remit and/or withhold or any delay in the remittance of support to you and/or your children without justifiable cause shall render your husband or his employer liable for indirect contempt of court.
Q. What is the law that governs domestic adoption in the Philippines?
A. Republic Act 8552, also known as the Domestic Adoption Act of 1998 encourages domestic adoption to preserve the child's identity and culture and only when this is not available shall inter-country adoption be considered as a last resort.
Q. Who may be adopted?
A. The following may be adopted:
1. Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption.
2. The legitimate son or daughter of one spouse by the other spouse.
3. An illegitimate son or daughter by a qualified adopter to improve his / her status to that of legitimacy.
4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adoptor (s) as his / her own child since minority.
5. A child whose adoption has been previously rescinded.
6. A child whose biological or adoptive parent (s) has / have died, provided that no proceedings shall be initiated within six (6) months from the time of death of said parent (s).
Q. Can an alien adopt in the Philippines/
A. Yes, Section 7 (b) of RA 8552 allows an alien to adopt under the domestic adoption law provided that he /she meets the following requirements:
- Of legal age and at least 16 years older than the adoptee (except when the adopter is the biological parent of the adoptee or is the spouse of the adoptee's parent).
- Possesses full civil capacity and legal rights.
- Of good moral character and has not been convicted of any crime involving moral turpitude.
- Emotionally and psychologically capable of caring for children.
- In a position to support and care for his / her children in keeping with the means of the family.
- His / her country has diplomatic relations with the Philippines.
- Has been certified by the diplomatic or consular office or any appropriate government agency that he / she has the legal capacity to adopt in his / her country and that his / her government allows the adoptee to enter his / her country as an adopted child.
- Has been living continuously in the Philippines for at least three (3) years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered.
Section 7 (c) also provides that the guardian, with respect to the ward after the termination of the guardianship and clearance of his / her financial accountability, is also qualified to adopt under the law.
Q. Are there any exceptions on residency requirement of the alien?
A. Yes. The requirements on residency and certification of the alien's qualification to adopt in his / her country may be waived for the following cases:
1. The applicant is a former Filipino citizen seeking to adopt a relative within the fourth (4th) degree of consanguinity or affinity
2. The applicant is seeking to adopt the legitimate son or daughter of his / her Filipino spouse
3. The applicant is married to a Filipino citizen, and seeks to adopt jointly with his / her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
Q. Are there any exceptions to the rule that the husband and wife shall jointly adopt?
A. Yes, in the following cases:
- If one spouse seeks to adopt the legitimate son / daughter of the other
- If one spouse seeks to adopt his / her own illegitimate son or daughter, provided, however, that the other spouse has signified his / her consent.
- If the spouses are legally separated from each other.
In case the husband and wife jointly adopt, or one spouse adopts the illegitimate son or daughter of the other, joint parental authority shall be exercised by the spouses.
Q. What does the law says about supervised trial custody? Are there any exceptions to this?
A. The law provides that no petition for adoption shall be finally granted until the adopter has been given by the court a supervised trial custody period for at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. During the said period, temporary parental authority shall be vested on the adopter. An alien adopter must complete the six (6) month trial custody except in the following cases:
- Former Filipino citizens adopting a relative within the fourth (4th) degree of consanguinity or affinity
- One who is adopting the legitimate son or daughter of his / her Filipino spouse
One who is married to a Filipino citizen and seeks to adopt jointly with his / her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
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