Pril lecture Jan 19

wah sabaw na recit. :(

*Jan 19 PRIL Lecture notes
Review: Divorce between Filipino citizens is not allowed
If mixed marriages: Partial divorce allowed in RP, provided that the Alien is the one who secures divorce abroad
>>>problem: if Former Filipino citizens, one became naturalized
…may be recognized in RP provided former Filipino citizen already became naturalized when divorce decree issued
WAYS to go around anti-divorce law in RP:
1. Be a muslim
2. A36
3. Report the husband missing! Hahaha!
IF both aliens: look at their personal law if it allows absolute divorce

Divorce	Annulment/nullity
After marriage	At the time of celebration
Grounds depend on the law of the forum	Grounds depend on ???

e.g. State A: specific grounds of marital fault
State B: No fault - can apply for irreconcilable differences
H & W are domiciliaries of State B, but filed for divorce in State A.
*on Art 36: grounds during marriage, not during the celebration of the marriage

Is there any provision in the FC providing that the FATHER should be followed?

YES. On property relations of spouses, on the parental authority

State A provides that the father shall have sole custody over illegitimate child (father's domicile) while State B provides joint custody observed by both parents over the illegitimate child. H & W are not married, had a child, lived in State B. Could W & H stipulate that upon death of W, H would exercise sole parental authority and custody over the illegitimate child?
-on ma'am's initial question vesting custody and parental authority over the child: it's in the best interest of the child
Upon separation of the parents,
GR: agreement as to custody would be valid
X: if they don't agree:
*below 7: mother
*above 7: best interest of the child, preference of the child
Question of Public policy question: Would an agreement between the partners be valid as to the custody of the child?
There is no strong public policy on agreements as between parents as to custody of the child, provided that the child's interest is protected (which is best protected if the child would have link with both parents)
ADOPTION
GR: Law of the domicile of the child
X: law of the domicile of the adopter
NOW: ADOPTION
Domestic Adoption law provides that ALIENS can adopt Filipino children, provided
1. Resided in the Philippines for 3 years prior to the application
2. Aliens reside in RP during the pendency of the petition
-problem: some aliens' stay cannot be extended…what if the process is longer than their allowed stay?
…it usually takes long for adoption process
-benefit: magulo lang because there are many hearings but it is easier to have children adopted here vs. Intercountry adoption
INTERCOUNTRY ADOPTION
-Filipinos permanently residing abroad governed
What if an OFW not permanently residing abroad wants to adopt in RP? What law would apply?
Ma'am: permanent residency is subject to the place of present residence of the person in question