Legal Advice Letter Sample

HATOL AND DELEON LAW OFFICES
#789 ZOBEL ROXAS ST. MAKATI CITY

TELEPHONE NO. 3727648
[email protected]
February 23, 2011
Pedro Matulis
#123 Rodeo Drive
Sampaloc, Manila
Dear Mr. Matulis,

Thank you for your letter sent last February 20, 2011, in which you requested legal advice on
your failed marriage.
My answers to your questions and the reason for my answers are set below.
Questions and Answers:
Q1. ) Can I compel his wife to execute a document stating that she is giving him the freedom to
live apart from her and to marry someone else if he wishes?
A. No, you cannot compel your wife to execute a document stating that she is giving you
freedom to live apart from her and to marry someone else if you wishes. In the
Philippine laws you are not allowed to remarry without judicial decree of annulment or
declaration of nullity of your previous marriage.
Reason:
Article 1 of the Family code provides that: Marriage is a special contract of permanent union
between a man and a woman entered into in accordance with law for the establishment of
conjugal and family life. It is the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations during the
marriage within the limits provided by this Code.
This provision provides for the sanctity of marriages as an inviolable social institution. A
marriage contract maybe sometimes termed as a civil contract since it was based in the
agreement of two parties but it is something more than the mere ordinary contract. According
to the case Maynard Vs. Hill, 125 US 190, the consent of the parties is of course essential to
its existence, but when the contract to marry is executed by a marriage, a relation between the
parties is created which they cannot change. Other contracts maybe modified, restricted or
enlarged, or entirely released upon the consent of the parties. Not so with marriage. The
relation once formed the law steps in and holds the parties to various obligations and
liabilities.
[email protected]
It is also provided in the Civil Code of the Philippines Article 1306 that the contracting
parties may establish such stipulations, clauses, terms and conditions as they may deem
convenient, provided they are not contrary to law, morals, good customs, public order, or
public policy. A document executed between husband and wife stating that they are allowed
to live apart from each other and marry someone else is clearly contrary to the family code
and to public morals as well.
Q2.) Am I obliged to give support to his family and finance his now 11-year old daughter's
education?
A. Yes. As the head of the family it is your obligation together with your wife to support
your family and send your children to school.
Reason:
It is provided in the family code specifically Article 70 that the spouses are jointly
responsible for the support of the family. The expenses for such support and other conjugal
obligations shall be paid from the community property and, in the absence thereof, from the
income or fruits of their separate properties. In case of insufficiency or absence of said
income or fruits, such obligations shall be satisfied from the separate properties.
Support is frequently highlighted in family code which can prove of its importance as a duty
of the spouses. In article 68, it was stated that the husband and wife are obliged to support
each other. Another is in article 70 where it was provided that the spouses are jointly
responsible for the support of the family. Articles governing absolute property and conjugal
property regimes provides for the support of the spouses and their common children.
Q3.) Can my child to my girlfriend use my surname?

A. No. Your child to your girlfriend may not use your surname.
Reason:
Under the civil code specifically article 364. It provides that legitimate and legitimated
children shall use the surname of the father. Under Article 368 of the same code states
that as for illegitimate children they shall bear the surname of the mother. In your case
your child which will be born from your girlfriend will be considered illegitimate since
she or he will be born outside wedlock.
[email protected]
Q4.) Can I marry my girlfriend?

A. No
Reason:
As to your girlfriend who is pregnant and whom you want to marry, our laws specifically
article 40 of the Family Code provides that the absolute nullity of a previous marriage
may be invoked for purposes of remarriage on the basis solely of a final judgment
declaring such previous marriage void. So for you to be able to marry your girlfriend you
need to have your previous marriage be judicially declared annulled first.
Q5.) Can I get the custody of my daughter since my wife is already seeing someone else and
left my daughter to my in laws?’
A. It depends. The exercise of parental authority should be shared by both parents. But since
you’ve been absent for about 1 and a half year, you’re wife has been exercising parental
authority to your daughter. In case you have decided to have legal separation with your
wife the courts will take into account all relevant consideration like who is more fit to
take care of your daughter and the choice of your daughter now that she is already 11
years old she can now choose to whom she wants to stay with as long as that choice is fit.
Reason:
According to the Family Code article 211 it was provided that the parental authority shall be
exercised by both parents over the persons of their common children.
Art. 213. In case of separation of the parents, parental authority shall be exercised by the
parent designated by the Court. The Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless the parent chosen is unfit
I hope I was able to satisfy all your questions. Please contact me if you have any questions
relating to this advice.
Your sincerely,
Atty. Michelle Marie U. Hatol

[email protected]
Legal Counsel

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HATOL AND DELEON LAW OFFICES

#789 ZOBEL ROXAS ST. MAKATI CITY

February 23, 2011

Dear Mr. Matulis,

Q3.) Can my child to my girlfriend use my surname?

Q4.) Can I marry my girlfriend?

Atty. Michelle Marie U. Hatol

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