Disability Rights 101 for Parents of Children with Disabilities: Legal Protections and Remedies Against Discrimination and Bullying in School Settings

June has arrived: it is, once again, enrolment season. Parents are all abuzz getting their children ready for school. One group of parents, however, bear a considerably weightier load – parents of children with disabilities. Data from a study led by UNICEF shows that it costs 40-80% more to raise a child with disability, than a child without.[1] The reason is plain to see. Having a disability entails additional expenses tied to giving a child the necessary assistance they need to adapt to their environment in consideration of their disability. For example: a blind child needs screen readers, a child with developmental delays needs therapy, and a child who is hard of hearing needs hearing aids.

The abovementioned, however, are just examples of material costs. However, children with disabilities also bear additional social costs in the form of being discriminated against. This week’s entry thus focuses on giving parents a brief 101 on legal protections and remedies they can resort to if their child experiences discrimination and bullying in the school setting.

Q: Can a private school deny admission to my child on the basis of disability?

A school may not hide under the defense of exercising “academic freedom” to deny admission to a child on the basis of disability. Section 32, RA 11650 (Inclusive Education for Learners with Disabilities Act) unequivocally provides: “All schools, whether public or private, shall ensure equitable access to quality education to every learner with disability, such that no learner shall be denied admission on the basis of disability.” The language is explicit and leaves no room for doubt. And this provision under the law is one of those that fall under the police power of the State; thus, compelling even private institutions in this regard is a valid exercise of such power.

Q: Does RA 11650 apply to all levels?

RA 11650 only applies to basic education (i.e. up to senior high school).

However, even if there is no explicit prohibition against denying admission to persons with disabilities in higher educational institutions (HEIs), RA 7277 (Magna Carta for Persons with Disabilities) still offer safeguards. In particular, Sec. 12, RA 7277 (as amended) provides that “It shall be unlawful for any learning institution to deny a disabled person admission to any course it offers by reason of handicap or disability.” The use of the word “any” before “learning institution” clearly shows that this prohibition against denial of admission on the basis of disability cuts across the board.

CHED Memorandum No. 23, s. 2000 further requires all public HEIs to admit all learners with special needs across various courses. Private HEIs, on the other hand, are encouraged but not required. Nevertheless, disability-based denials of admission would still be prohibited, meaning that a learner with disability who otherwise meets the criteria for admission may not be denied admission, even by private HEIs, for reasons relating to their disability.

Q: So what can a college/university do and not do in terms of admission policies for learners with disabilities?

Q: Can you expound more on the rule that HEIs can impose “uniform” academic requirements for admission?

Following RA 7277, this is still subject to the provision of reasonable accommodations. RA 7277 specifies that reasonable accommodation in the educational context includes: “qualified readers, taped tests, or other effective methods of delivering materials to individuals with visual impairments”; “qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments”; “acquisition or modification of equipment or devices”; and “other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability.”

The “minimum admission requirements” proviso in RA 9442 cannot be read in isolation from RA 7277’s own definition of reasonable accommodation. Requiring a blind applicant to sit a standard-format entrance exam without Braille or a screen reader, or a student with autism to sit in a standard exam hall without sensory accommodations, does not actually test “minimum academic requirements” — it tests the disability itself. An unadapted exam measures the impairment, not the ability. That is precisely what the reasonable accommodation framework is designed to prevent.

“Meeting minimum admission requirements” must be read to mean meeting those requirements under accommodated conditions appropriate to the disability. A blind student who would pass the entrance exam with a Braille version has met the minimum requirement. Denying the accommodation is not neutrally applying an academic standard — it is using the exam as a disability screen in disguise, which is exactly what RA 7277 Section 12 prohibits.

In short: the standard can be uniform, but how it is measured may vary. A university  has the right to require that an applicant understand advanced algebra, logic, or reading comprehension to get in. Nevertheless, they must accommodate and adjust how that understanding is measured.

Q: Does a parent have the right to provide their own input to the school’s educational plan for their child with disability?

YES. RA 11650 is designed to give a participatory role to parents in the development and review of the individual education plan (IEP) for their child with disability. Parents have the right to be given a copy of the IEP and have it reviewed or revised.

As noted in Section 4(h): An IEP “refers to the systematic, purposive, and developmental educational programming of curricular and instructional priorities and contents designed to meet the educational requirements of a learner with disability and ensure mastery learning of skills and behaviors. It includes the services to be provided and the duration and frequency of such services, describes the learner’s present level of performance, how the learner’s disabilities affect academic performance, and specific accommodations and modifications. An IEP shall be designed to meet the unique educational needs of a learner with disability who shall receive appropriate services, have real opportunities for equality, and fully participate in the general education system and the community. It shall likewise aim at developing the learner’s strengths and talents to achieve the greatest possible self-sufficiency and independent living.”

Q: Can a parent demand that their child be included in the classroom together with other children without disabilities? Can parents of other children without disabilities block the inclusion of children with disabilities in the same classes as their children?

This is one of the most contentious issues parents face. The law is clear: the default is inclusion in the regular classroom. Inclusive Education refers to the process of addressing and responding to the diversity of needs of all learners by moving towards the end-goal of full participation, presence and achievement in learning cultures and communities, which involves accommodation, modification, adaptation, and individualization in content, approaches, structures, and strategies. It involves equitable opportunities for learners with disabilities to receive educational services, and the needed support and related services with their age-appropriate peer groups and, as far as practicable, in such schools or ILRCs nearest their homes or residences (see Section 4(d) and (e)).

The multidisciplinary team determines placement. Segregation into a “special class” is not the default — it must be based on a proper assessment. If a school unilaterally puts a child in a special class without going through the IEP process and without parental participation, that is a procedural violation (see Section 8(b)).

What parents can demand: Participation in the placement meeting; a copy of the IEP; written justification for any segregated placement; and periodic review of placement decisions.

Q: What recourse does a parent have if their child is bullied or discriminated against in school – by a classmate, a teacher, or some other member of staff – on the basis of the child’s disability?

In the Philippines, parents have a powerful, multi-layered arsenal of local laws to hold bullies, teachers, and school administrators legally and financially accountable.

1. Recourse Under RA 11650 (The Inclusive Education Act)

RA 11650 completely strips away any excuses school staff might use to minimize the bullying of a learner with a disability.

• Systemic Mandate (Section 15 & 16): The law mandates that all schools must implement a safe, inclusive, and non-discriminatory learning environment. School administrators are legally required to actively prevent and address any form of exclusion, marginalization, or harassment of learners with disabilities.
• The Administrative Remedy: Parents can file a formal complaint directly with the Department of Education (DepEd) Schools Division Office (SDO) against the school administration if the principal or teachers fail to act, hide the incident, or fail to protect the child. Under RA 11650, public and private school officials who neglect their duty to provide a safe environment face administrative charges for Gross Neglect of Duty, which carries penalties ranging from suspension to dismissal from service.

2. Criminal Recourse: RA 7277 (Magna Carta for PWDs, as amended by RA 9442)

This is the most potent weapon against disability-specific bullying. RA 9442 inserted strict criminal provisions specifically targeting the psychological and verbal abuse of PWDs.

• Public Ridicule (Section 39-A): The law strictly prohibits Public Ridicule, defined as making fun of, mocking, or intimidating a person with a disability because of their impairment, in a manner that degrades their human dignity.
• Vilification (Section 39-B): It prohibits Vilification, which includes any activity, utterance, or action in public that bounce back to incite hatred, serious contempt, or severe ridicule against PWDs.
• The Recourse: Parents can go straight to the National Bureau of Investigation (NBI) or the Philippine National Police (PNP) to file criminal charges against the perpetrators.
• The Penalties: Anyone (including classmates’ parents, teachers, or staff) found guilty faces severe criminal penalties:
  • First Violation: A fine of ₱50,000 to ₱100,000 and/or imprisonment of 6 months to 2 years.
  • Subsequent Violations: A fine of ₱100,000 to ₱200,000 and/or imprisonment of 2 to 6 years.
  • If the bully is a corporation or entity (like a private school management that tolerated it), its license to operate can be revoked.

3. If the Bully is a Teacher or Staff Member: RA 7610 (Special Protection Against Child Abuse)

When a teacher, principal, or security guard mocks, isolates, or berates a child because of their disability, it is no longer a school discipline issue—it is a criminal act of Child Abuse.

• Psychological Abuse & Discrimination (Section 3c & 10a): Under RA 7610, any act by an adult that debases, degrades, or demeans the intrinsic worth and dignity of a child as a human being constitutes child abuse.
• The Recourse: Parents can file a criminal case for Child Abuse under RA 7610 with the Prosecutor’s Office, alongside an Administrative Complaint before the Professional Regulation Commission (PRC) to permanently revoke the teacher’s professional license.
• Aggravated Penalties: Philippine courts treat abuse by educators with extreme severity because teachers stand in loco parentis (in place of a parent). Conviction carries a penalty of Prision Mayor in its minimum period (typically 6 to 8 years of prison time).

4. Institutional Recourse: DepEd Child Protection Policy (DO 40, s. 2012)

While the national Anti-Bullying Act of 2013 (RA 10627) covers standard peer-to-peer bullying, DepEd Order No. 40 specifically singles out disability-based harassment.

• Protection from Discrimination: It explicitly prohibits “Prohibited Acts” which include teasing, bullying, or humiliating a student based on their physical, mental, or developmental condition.
• The Recourse: Parents can force the school’s Child Protection Committee (CPC)—which every school is legally required to have—to convene immediately.
  1. If the bully is a classmate: The CPC must mandate immediate disciplinary sanctions (suspension/expulsion), separate the bully from the victim, and provide a mandatory intervention program.
  2. If the CPC fails to act: Parents can escalate the matter to the DepEd Regional Director. A school’s failure to implement DO 40 can lead to the suspension or revocation of a private school’s permit to operate.

Step-by-Step Action Plan for Parents

If a child with a disability is facing targeted bullying in school, parents should ideally take action in this order:

1. Document Everything: Secure medical certificates if the bullying caused psychological distress or regression. Document the dates, what was said/done, and any witnesses.
2. Trigger DO 40: File a formal, written complaint to the school Principal and demand a meeting with the Child Protection Committee.
3. File DepEd Administrative Charges: If the school drags its feet, file a complaint with the DepEd Schools Division Office against the school administrators for violating RA 11650 and DO 40.
4. File Criminal Charges: If the harassment is severe, or if a teacher/staff member was the perpetrator, bypass the school entirely and file criminal charges for Public Ridicule (RA 9442) or Child Abuse (RA 7610) through the PNP Women and Children Protection Desk (WCPD).

[1] https://www.unicef.org/philippines/reports/cost-raising-children-disabilities-philippines

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Annulment in the Philippines: Step-by-Step Guide with Costs, Timeline and Requirements

Marriage is considered a permanent social institution under Philippine law, protected by the Constitution and governed by the Family Code of the Philippines. Unlike many other countries, the Philippines does not generally allow divorce (except for Muslims under special laws), making annulment one of the primary legal remedies available to dissolve a marriage.

However, annulment is often misunderstood. Many Filipinos assume it is a quick or straightforward process, when in reality, it is highly technical, evidence-driven, and strictly regulated by law.

This in-depth guide provides a comprehensive, legally grounded explanation of how annulment works in the Philippines, including step-by-step procedures, costs, timelines, requirements, and real-world scenarios that reflect common Filipino experiences.

What is Annulment?

Annulment is a judicial process that declares a marriage voidable, meaning that although the marriage was initially valid, it contains defects that allow it to be invalidated under specific legal grounds. Once annulled, the marriage is treated as if it were legally defective from the beginning, although certain effects—such as the legitimacy of children—remain protected.

Unlike separation, which merely allows spouses to live apart, annulment completely dissolves the legal bond, enabling parties to remarry once all legal requirements are satisfied.

Atty. Katrin Jessica Guinigundo:
“Annulment cases succeed not because the marriage failed emotionally, but because the law recognizes a defect that existed from the very beginning.”

Annulment vs Declaration of Nullity

Before initiating any legal action, it is critical to determine whether your case falls under annulment or declaration of nullity. This is one of the most common points of confusion among clients and can significantly affect the strategy, evidence, and outcome of the case.

Annulment applies to marriages that were valid but became questionable due to certain defects. Declaration of nullity, on the other hand, applies to marriages that were void from the start—meaning they were never legally valid at all.

In practice, this distinction often arises in consultations. For example, a couple in Taguig who married without securing a marriage license may believe they need an annulment, when in fact their case falls under nullity of marriage. Filing the wrong petition can lead to delays, additional costs, or even dismissal of the case. For example, a couple in Quezon City married legally but later discovered that the husband had concealed a previous conviction for fraud. This may qualify as fraud, a ground for annulment. Meanwhile, a marriage conducted without a license in Manila would fall under nullity, not annulment.

Read More about: “Difference Between Annulment and Nullity of Marriage in the Philippines”

Annulment (Voidable Marriage)

• Marriage is valid but can be invalidated
• Requires specific grounds under Article 45

Declaration of Nullity (Void Marriage)

• Marriage is void from the beginning
• Examples include:
  • No marriage license
  • Bigamous marriages
  • Psychological incapacity under Article 36

Legal Grounds for Annulment in the Philippines

The Family Code strictly limits annulment to specific grounds under Article 45. These grounds are exclusive, meaning courts cannot grant annulment based on reasons outside of those listed.

It is important to understand that the law focuses on conditions existing at the time of marriage, not events that occurred afterward. This is where many petitions fail, particularly when based solely on marital problems that developed over time.

These are the legal grounds for annulment in the Philippines:

• Lack of parental consent (age 18–21)
• Insanity or psychological incapacity
• Fraud (e.g., concealment of pregnancy, criminal record)
• Force, intimidation, or undue influence
• Physical incapacity to consummate marriage
• Serious and incurable sexually transmitted disease

Atty. Guinigundo explains:
“Infidelity, abandonment, or incompatibility alone are not grounds unless they point to a deeper legal defect existing from the start.”

Lack of Parental Consent

This ground applies when one or both parties were between 18 and 21 years old and married without parental consent. The law assumes that individuals in this age range may lack full maturity to make such a decision independently.

A common scenario involves young couples who elope due to family opposition. For instance, a 20-year-old from Laguna who married without parental approval may later seek annulment, especially if the marriage proves unstable. However, the petition must be filed within a specific time frame; otherwise, the marriage may be considered ratified.

Insanity or Unsound Mind

This ground applies when one party was incapable of understanding the nature of the marriage at the time it was entered into. It is not enough that a spouse develops mental illness later—the condition must have existed at the time of the marriage.

In real-world situations, this may involve cases where a spouse had a history of severe psychiatric illness that was concealed or misunderstood before marriage. For example, a partner in Quezon City may later discover that their spouse had a long-standing mental health condition affecting decision-making capacity.

Fraud

Fraud is one of the more commonly cited grounds but is narrowly defined by law. It includes specific acts such as concealment of a criminal conviction, pregnancy by another man, or a sexually transmitted disease.

In Metro Manila, there have been cases where one spouse concealed a prior marriage or significant legal issues. However, not all forms of dishonesty qualify as fraud under the law. Misrepresentation about wealth, for instance, is generally not sufficient.

Force, Intimidation, or Undue Influence

This ground applies when consent to the marriage was obtained through coercion. The law requires that the pressure be significant enough to override free will.

This can occur in situations involving family pressure, particularly in more traditional or conservative settings. For example, a marriage arranged under threat of disinheritance or social consequences may fall under this category if proven.

Physical Incapacity to Consummate Marriage

This refers to a permanent and incurable inability to engage in marital relations. It must exist at the time of marriage and be medically or psychologically established.

While less commonly invoked, this ground remains relevant and requires strong evidentiary support, often including expert testimony.

Serious and Incurable Sexually Transmitted Disease

The law provides annulment where one party suffers from a serious and incurable STD that existed at the time of marriage and was unknown to the other party.

Step-by-Step Annulment Process in the Philippines

Annulment is not a simple administrative procedure. It is a full judicial process that involves multiple stages, each requiring strict compliance with legal rules and evidentiary standards.

1. Consult a Family Lawyer

The process begins with a consultation with a family lawyer. This stage is crucial because it determines whether your case has a valid legal basis.

During this phase, the lawyer will examine your personal history, marriage circumstances, and available evidence. Many cases are filtered out at this stage because they do not meet the legal grounds required by the Family Code.

Your lawyer will:

• Evaluate your facts
• Identify valid grounds
• Assess evidence strength

Practical Tip:
Bring complete documents during consultation to significantly speed up case preparation.

2. Psychological Evaluation and Case Preparation

In many modern annulment cases—especially those involving behavioral issues—lawyers rely on psychological assessments to strengthen the case narrative.

A licensed psychologist or psychiatrist conducts interviews and prepares a report that explains the underlying condition affecting the marriage. This report becomes part of the evidence presented in court. For example, a spouse who consistently demonstrates inability to fulfill marital obligations—such as chronic irresponsibility or emotional detachment—may undergo evaluation to determine if these traits existed prior to the marriage.

Many cases rely on expert psychological testimony.

This involves:

• Clinical interviews
• Behavioral history analysis
• Written report submission

A spouse exhibiting chronic irresponsibility and inability to fulfill marital obligations may undergo evaluation to establish underlying incapacity.

3. Filing the Petition in Family Court

Once the case is prepared, the lawyer files a Petition for Annulment before the appropriate Regional Trial Court designated as a Family Court.

The petition outlines:

• The facts of the marriage
• The legal ground being invoked
• Supporting evidence

4. Issuance of Summons

The court issues a summons to the respondent (the other spouse), requiring them to respond to the petition. If the respondent cannot be located, alternative methods such as substituted service may be used.

5. Collusion Investigation

Unlike many civil cases, annulment proceedings require the participation of the State. The Office of the Solicitor General (OSG) or public prosecutor investigates whether the parties are colluding to obtain an annulment fraudulently.

This step underscores the State’s interest in preserving marriage as a social institution.

The OSG ensures:

• The case is legitimate
• There is no fabricated agreement

This step is unique and often surprises clients.

6. Pre-Trial Proceedings

During pre-trial, the court clarifies the issues, marks evidence, and identifies witnesses. This stage streamlines the trial and ensures that both parties are prepared.

• Issues are defined
• Evidence is marked
• Witnesses are identified

7. Trial Proper

The trial phase is where the substance of the case is presented. It includes testimonies from:

• The petitioner
• Witnesses (family members, friends)
• Expert witnesses (psychologists, if applicable)

For instance, a sibling may testify about long-standing behavioral issues observed even before the marriage took place.

8. Court Decision

The judge evaluates:

• Credibility of witnesses
• Strength of evidence
• Compliance with legal grounds

After evaluating all evidence, the judge renders a decision. If the petition is granted, the court issues a decree of annulment.

9. Finality and Registration

The decision becomes final after 15 days if no appeal is filed. It must then be registered with the Philippine Statistics Authority (PSA).

Only after this registration can the parties legally remarry.

Requirements for Filing Annulment in the Philippines

Prepare the following:

• PSA Marriage Certificate
• Birth Certificates (if applicable)
• Valid IDs
• Proof of residence
• Psychological report (if needed)
• Supporting affidavits and evidence

How Much Does Annulment Cost in the Philippines?

Estimated Cost: ₱250,000 – ₱5,000,000+

Annulment is widely regarded as one of the more expensive legal proceedings in the Philippines due to its complexity and duration.

The total cost typically ranges from ₱250,000 to ₱500,000 or more, depending on several factors such as the complexity of the case, the need for expert witnesses, and the number of court hearings.

Legal fees constitute the largest portion of the cost, followed by expenses for psychological evaluations, court filing fees, and miscellaneous costs such as documentation and transportation.

In Metro Manila, where court congestion is higher and professional fees may be more expensive, total costs can exceed ₱400,000, particularly for contested cases.

Typical Breakdown:

• Lawyer’s fees: ₱150,000–₱300,000+
• Psychological evaluation: ₱40,000–₱90,000
• Court fees: ₱15,000–₱40,000
• Miscellaneous: ₱2,000–₱5,000

Atty. Guinigundo notes:
“Costs vary depending on complexity, but cutting corners can weaken your case. Proper preparation is critical.”

How Long Does Annulment Take?

Timeline: 2 to 5 years

Factors affecting duration:

• Court backlog
• Case complexity
• Availability of witnesses
• Cooperation of parties

Annulment cases typically take two to five years to complete, although some cases may take longer depending on circumstances.

The duration is influenced by several factors, including the court’s caseload, the availability of witnesses, and whether the respondent contests the petition.

In highly congested courts such as those in Manila or Quezon City, scheduling delays can significantly extend the timeline. Conversely, cases filed in less congested jurisdictions may proceed more quickly.

Legal Effects of Annulment

Once an annulment is granted and finalized, it produces several important legal effects.

The parties regain their legal capacity to remarry, provided the decision has been properly registered with the PSA. Property relations are dissolved and liquidated according to the applicable property regime.

Importantly, children born during the marriage remain legitimate under Philippine law, and their rights are fully protected. Custody and support arrangements are determined by the court based on the best interests of the child.

Common Questions About Annulment

Can both parties agree to annul the marriage?

No. Courts require legal grounds and evidence, even if both parties agree.

Is long separation a valid ground?

No. Separation alone is not a legal basis.

Can annulment be fast-tracked?

Generally no—court procedures must be followed.

Why Choose Peralta Jimenez Law Firm?

At Peralta Jimenez Law Firm, we provide:

• Strategic case assessment
• Evidence-based legal approach
• Transparent cost guidance
• End-to-end representation

Atty. Katrin Jessica Guinigundo:
“We focus on building strong, evidence-backed petitions that stand up in court—not shortcuts that risk denial.”

Considering annulment?
Speak with an experienced family lawyer today.

👉 Schedule a confidential consultation with Peralta Jimenez Law Firm
👉 Get a clear assessment of your case, cost, and timeline. Book your consultation now.

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Is there Divorce in the Philippines?

As a general rule, Divorce is not allowed in the Philippines. The only exception is when there is a Judicial Recognition of a Foreign Divorce–when a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to marry, the Filipino spouse shall likewise have the capacity to remarry under the Philippine law. in any wedding venue in the Philippines.

Is declaring the nullity of a marriage different from annulment?

Yes. A declaration of nullity of marriage applies to marriages which are void. Void Marriages are considered as having never been taken place, they are void from the very beginning. On the other hand, Annulment applies to a marriage that is valid until otherwise declared by the court annulled.

What is the difference between Declaration of Nullity, Annulment, and Legal Separation?

Declaration of Nullity refers to a legal process wherein a marriage is declared null and void, as if it never existed. It is based on the grounds that the marriage is void from the beginning.

Annulment is a legal process that declares a valid marriage as null and void. Unlike a declaration of nullity, an annulment acknowledges the existence of a valid marriage but renders it as if it never happened.

Legal Separation is a legal remedy that allows married couples to live separately without dissolving the marriage. It does not terminate the marital bond, but it grants the parties the right to live separately from each other.

What are the grounds to declare the nullity of a marriage?

• Absence of the Essential Requisites of Marriage – Consent and Legal Capacity of the Parties
• Bigamous Marriages
• Incestuous Marriages
• Psychological Incapacity

What is Psychological Incapacity?

Psychological Incapacity contemplates the incapacity to perform the basic marital obligations. The said incapacity must be grave enough to be the cause of the party’s inability to assume the essential obligations of marriage. This inability should not be a mere refusal, neglect, or difficulty to perform such obligations.  The root cause of the incapacity must be medically proven and must be shown to be medically or clinically incurable, such root cause must be identified as psychological illness. Each case of Psychological Incapacity is to be treated differently.

What are the Essential Marital Obligations?

Article 68 of the Family Code provides that the husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.

What are the grounds for a marriage to be annulled?

Article 45 of the Family Code provides that a marriage may be annulled for any of the following causes, existing at the time of the marriage:

• Lack of Parental Consent
• Insanity
• Consent was obtained thru Fraud
• Consent was obtained thru Force, Intimidation, and Undue Influence
• Impotence or physical incapacity
• Sexually Transmitted Diseases (STDs)

What is Legal Separation?

A decree of legal separation is nothing more than bed-and-board separation of the spouses. The marital ties are not severed; hence the parties cannot remarry. Check lotto results today.

What are the grounds for Legal Separation?

Article 55 of the Family Code provides that a petition for legal separation may be filed on any of the following grounds:

• Repeated physical violence or grossly abusive conduct
• Physical violence to compel the petitioner to change religious or political affiliation
• Attempt of respondent to corrupt or induce to engage in prostitution
• Imprisonment of more than six years
• Drug addiction or habitual alcoholism of the respondent;
• Lesbianism or homosexuality of the respondent
• Contracting by the respondent of a subsequent bigamous marriage
• Sexual infidelity or perversion
• Attempt by the respondent against the life of the petitioner
• Abandonment of petitioner by respondent without justifiable cause for more than one year.

How do I file for Declaration of Nullity or Annulment?

To file for declaration of nullity or annulment, you need to hire a lawyer and file a petition in the Regional Trial Court where you or your spouse resides. The process involves submitting required documents, attending hearings, and presenting evidence to support your case.

How long does the process take?

The duration varies but can take several months to a few years. It depends on the complexity of the case, court backlog, and the cooperation of both parties.

Can a marriage be annulled if both parties agree?

Yes, mutual consent can be a ground for annulment. Both parties must file a joint petition, stating the grounds for annulment and the terms of their agreement.

What is the effect of a Declaration of Nullity or Annulment?

Once a marriage is declared null and void or annulled, it is considered legally invalid. Both parties are free to remarry. Lotto results today.

Can a legally separated person remarry?

No, legal separation does not allow the parties to remarry. It only grants the right to live separately.

Can foreign nationals file for Nullity, Annulment, or Legal Separation in the Philippines?

Yes, foreigners married to Filipinos or other foreigners can file for nullity, annulment, or legal separation in the Philippines if they meet the legal requirements.

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Which government agency is in charge of handling adoption?

The Department of Social Welfare and Development.

Who can 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/daughter of one spouse by the other spouse;
3. An illegitimate son/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 adopter(s) as his/her own child since minority;
5. A child whose adoption has been previously rescinded; or
6. A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parent(s).

A child legally available for adoption” refers to a child who has been voluntarily or involuntarily committed to the Department or to a duly licensed and accredited child-placing or child-caring agency, freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption.

Who may adopt?

1. Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his/her children in keeping with the means of the family.
2. Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her 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 his/her adopted son/daughter.
3. The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

1. if one spouse seeks to adopt the legitimate son/daughter of the other; or
2.  if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other spouse has signified his/her consent thereto; or
3. if the spouses are legally separated from each other.

Adoption procedures in the Philippines

Step 1: Counsel for Biological Parents – proceedings for adoption, the court shall require proof that the biological parent(s) has been properly counseled to prevent him/her from making hurried decisions caused by strain or anxiety to give up the child.

Step 2: Case Study – No petition for adoption shall be set for hearing unless a licensed social worker of the Department, the social service office of the local government unit, or any child-placing or child-caring agency has made a case study of the adoptee, his/her biological parent(s), as well as the adopter(s), and has submitted the report and recommendations on the matter to the court hearing such petition.

Step 3: Trial Custody – No petition for adoption shall be finally granted until the adopter(s) 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

Step 4: Decree of Adoption – After fulfilling Publication of the adoption, there be no opposition, the case study and qualifications have been met, and it is in the best interest of the child, a decree of adoption shall be entered which shall be effective as of the date the original petition was filed.

Step 5: “New” Birth Certificate – An amended certificate of birth shall be issued by the Civil Registry

What are the effects of Adoption?

Except in cases where the biological parent is the spouse of the adopter, All legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s). The adopters shall exercise full parental authority over the adopted child. The adoptee shall be considered the legitimate child of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind.

What if I change my mind after the adoption, can I rescind the decree of adoption?

Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter(s). Only the adoptee may rescind the adoption.

Upon petition of the adoptee, with the assistance of the Department if a minor or if over eighteen (18) years of age but is incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following grounds committed by the adopter(s):

1.  repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling;
2.  attempt on the life of the adoptee;
3.  sexual assault or violence; or
4.  abandonment and failure to comply with parental obligations.

The post Adoption in the Philippines – Things You Need You Know appeared first on Peralta Jimenez Law Firm.

Walang Tatahan Sa Tahanan

To Maintaining the Home as a Safe Space through

Republic Act No. 9262

By:

Atty. Katrin Jessica I. Distor-Guinigundo

Junior Partner, Peralta Jimenez Law

“Home is where you feel at home and are treated well.” ~Dalai Lama

For most Filipinos who tend to be family-oriented, the home is usually seen as a safe space. A refuge and hiding place where one can be vulnerable and at the same time, feel loved; a place where flaws are accepted and shortcomings understood; a place likened to a springboard of sorts, where we can be empowered. Woefully, not every person sees the home in this manner—for some, it is the most dangerous place to be. Such is the case for some women and children, who find themselves abused and tormented by the very loved ones who vowed to protect them at all costs—their partners.

Recent worldwide statistics are a cause for concern and action. According to UN Women, there are 736 million women are subjected to violence, 640 million of which are subjected to intimate partner violence, while approximately 47,000 (out of the remaining 81,000) women died at the hands of an intimate partner or a family member. The Philippine statistics fare no better: in 2019, there have been 19,743 recorded combined cases of violence against women and gender-based violence, per the Philippine National Police records.

Gender-based violence and domestic abuse has been recognized as a global human rights issue that is abhorred in all jurisdictions. In 1993, it passed Resolution 48/104, stating that “violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women, and that violence against women is one of the crucial social mechanisms by which women are forced into subordinate positions, compared with men.”

Not one to shirk from its responsibility to protect its citizens and to recognize the pernicious effect of domestic abuse on women and their children, the Philippine legislature, on March 8, 2004,  enacted Republic Act No. 9262 (RA 9262), also known as the Violence against Women and their Children Act of 2004, primarily to protect women and their children from physical, psychological, and economic violence, as well as threats to their personal safety and security, committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate [Sec.3a, IRR].

Given this widespread phenomenon, everyone must answer the clarion call to be advocates in curbing such violence. One step towards this goal is to become fully informed of the rights and remedies afforded to those suffering from such abuses. Here are some salient portions of RA 9262 that all of us must be aware of:

What are the types of abuses punishable by RA 9262 [Sec. 3, IRR]?

1. Physical – any act that includes bodily or physical harm
2. Sexual – an act that is sexual in nature, such as but not limited to: (a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; (b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; and (c) Prostituting the woman or child.
3. Psychological – acts or omissions causing or likely to cause mental and emotional suffering of the offended party, such as but not limited to: (a) intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity; (b) causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, to witness pornography in any form, or to witness abusive injury to pets; or (c) to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

Who are the persons who may be held liable?

1. Husband (former or present) [Sec. 3, IRR];
2. Any person with whom the person has or had a sexual or dating relationship [Sec. 3, IRR];
3. Any person with whom the woman has a common child (whether legitimate or illegitimate, within or without the family abode) [Sec. 3, IRR];
4. Any person in conspiracy with the person committing violence against the woman and/or her child [Go Tan v. Sps. Tan, G. R. No. 168852, September 30, 2008]; and
5. Mothers who abuse their children [Knutson v. Hon. Sarmiento-Flores, G.R. No. 239215. July 12, 2022].

What reliefs are available under the law?

Victims of abuse may avail of protection order/s and/or file a verified complaint for violation of RA 9262.

1. Protection orders:

   • Barangay Protection Order (BPO) – issued by the punong barangay, which shall be effective for fifteen (15) days [Sec. 14, IRR];
   • Temporary Protection Order (TPO) – issued by the court, which shall be effective for a renewable period of thirty (30) days [Sec. 15, IRR];
   • Permanent Protection Order (TPO) – issued by the court, which shall be effective until revoked [Sec. 16, IRR].

The following persons may file the petition for the issuance of a protection order:

1. the offended party;
2. parents or guardians of the offended party;
3. ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
4. officers or social workers of the DSWD or social workers of local government units (LGUs);
5. police officers, preferably those in charge of women and children’s desks;
6. Punong Barangayor Barangay Kagawad;
7. lawyer, counselor, therapist or healthcare provider of the petitioner;
8. At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed [Sec. 9, IRR].

2. Verified complaint for violation of RA 9262 – filed before the Office of the City Prosecutor (OCP) where the any of the elements of the crime is committed.

Since its enactment, the law has been helpful in purging Filipino households from domestic violence. While questions have been raised assailing its constitutionality, the Supreme Court, in the landmark case of Garcia v. Drilon, G.R. No. 179267, June 25, 2013, put to rest such questions. In declaring the law valid and constitutional, the Court recognized that women are the “usual and most likely victims of violence” and are subject to special protections under the law. While legal measures are clearly in place, the battle must still be waged with regard to implementation. Funding, awareness, and public participation is still a major factor to mitigate domestic violence. With a long way to go, every person must continue to be at the forefront of this war to ensure that no one will ever feel unsafe in the home.

The post Walang Tatahan Sa Tahanan: To Maintaining the Home as a Safe Space through Republic Act No. 9262 appeared first on Peralta Jimenez Law Firm.

The COVID-19 pandemic has compelled the national government to implement the Enhanced Community Quarantine (ECQ), which imposed strict observance of home quarantine and social distancing, limitation of movements to basic necessities, the implementation of work from home arrangements, the suspension of classes, and interruption of court proceedings, subject to certain exceptions. There is no question that the families, particularly those confronted with domestic issues, have been affected, and the ECQ has raised several questions on how to go about custody, support, and cases of violence occurring between family members.

Custody

The implementation of the ECQ has limited our movement around the city and the country. This may pose a problem for parents who share custody of a child/ren, and who split their child/ren’s time between the two of them in separate cities.

In sharing custody of their children, parents should ultimately be guided by the Constitution, which provides that the paramount consideration must be the best interest of the child. In these uncertain times, the health and safety of the child are of the utmost importance and should not be compromised.

Albeit understandable that one of the parents’ right to visitation can be affected by the strict implementation of the ECQ, it is nonetheless highly advised that parents momentarily set aside their individual differences, and prioritize the safety and health of their child/ren instead. That is why parents are encouraged to be more flexible and considerate with their shared custody arrangements, and refrain from taking advantage of the situation. For instance, the parent having custody over the child/ren is encouraged to permit the other parent to communicate with their child/ren via electronic means, if only to prevent anxiety or other mental health issue on the part of the latter. After all, parents should focus more on their child/ren’s safety, as well as their emotional and psychological well-being.

Nonetheless, in the event that the child/ren’s welfare is compromised while in the custody of the parent concerned, the other parent may seek the assistance of his/her counsel to avail of the appropriate remedies. Although the Supreme Court has suspended hearings, complaints, motions, and pleadings may still be submitted and may be acted upon if the Family Court Judge-on-duty finds that the matter is of urgent concern. This may be done through electronic means to the first and second-level courts.

Support

The COVID-19 pandemic has also had a huge effect on our country’s economy, such that jobs have also been affected by the lockdown. This may have an effect on support, such that one or both parents may suffer reduced or a loss of income.

Parents or children may still demand support. However, due to the financial consequences of the pandemic, it is advisable for parents to be more considerate of the peculiarity of the current situation, the capacity of the person from whom support is being demanded and the current needs of the child.

It is recommended that any temporary changes agreed upon by the parents relating to support be put in writing or on record, with the assistance of their respective counsel, for documentation purposes.

Nevertheless, parents who are required to pay support, but are affected financially by the pandemic, may opt to file a motion to modify the support to be given by them. According to the issuances of the Supreme Court, such motion can be filed in the first and second-level courts through electronic means. All urgent matters regarding family cases shall be referred to the Family Court Judges-on-duty who are still present at any given working day, as scheduled by the Executive Judge. However, the paramount interest of the child will still be considered, and thus, the needs of the child will still be weighed in evaluating whether such support can be reduced.

The parent entitled to receive support on behalf of the child may send a demand letter asking for the timely payment of support to the other parent required to give support. At this time, this can be sent through e-mail. However, the financial capacity and the current situation of the parent required to give support should be considered, and modifications may be made regarding the amount to be given.

VAWC

The pandemic and its consequenced have forced everyone to come into close contact with the members of our household. For many, this means more time to be spent with families and reconnecting with each other. However, for others, close contact can also mean more conflic or domestic abuse. Coupled with the stress of the health crisis and the lack of access to basic needs and services, there is an increased risk of violence and abuse occurring towards women and children during this time of pandemic.

If a parent becomes aware of any kind of abuse at home, the same process under the Anti-Violence Against Women and Children Act (VAWC) remains in effect. The victim or any concerned individual or neighbor may report an incident to the Punong Barangay or the nearest PNP station, where the victim may be referred to for medical and support assistance and where a warrantless arrest of the perpetrator may be made.5 The victim may apply for a Barangay Protection Order, which is valid for fifteen (15) days and may be renewed.6 In any case, consulting your counsel is still advised for proper guidance and appropriate action.

Victims of domestic violence or any concerned individual or neighbor may also contact the following hotlines for immediate action:

1. Department of Social Welfare and Development (DSWD)

Location: Batasan Pambasa Complex, Quezon City
Tel. No. 8931-8101 to 07

2. DSWD-NCR Ugnayan Pag-asa Crisis Intervention Center

Location: Legarda, Manila
Tel. No. 8734-8639 / 8734-8626 to 27

3. Philippine National Police (PNP)

Location: Camp Crame, Quezon City
Tel. No. 8723-0401 to 20

4. PNP-Women and Children Protection Center (WCPC)

Location: Camp Crame, Quezon City
Tel. No. 8723-0401 (local 5260, 5261)

5. NBI-Violence Against Women and Children Desk (VAWCD)

Location: Taft Avenue, Manila
Tel. No. 8523-8231 to 38 / 8525-6028

1 Proclamation No. 929
2 Par. 5, SC Administrative Circular 31-2020.
3 Article XV, Section 3, paragraph (2), 1987 Constitution
4 Par. 6, SC Administrative Circular 31-2020.
5 Section 11, RA 9262
6 Section 10, RA 9262

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