SAMPLE SEATWORK IN LEGAL OPINION AND PRE-NUPTIAL AGREEMENT.

(Note: Please verify if the cited cases and provisions stated therein are true and applicable.) 16 June 2012

TERESA CAMIA 95 Tindalo Street, Ayala Alabang, Muntinlupa City Dear Ms. Campos, This refers to the planned marriage between you and Rey Lopez however, a month before the date of your wedding you allegedly received by mail copies of marriage license issued by the Civil Registrars of Imus, Cavite dated 17 September 2005 in favor of Roy and Ester Silva as well as their Certificate of Marriage. As you have shown the same to Roy, he eventually confronted Ester about the said marriage license and certificate of marriage to which she manifested that she was able to obtain the same sometime in 2005 out of desperation. Ester likewise denied sending the said documents to you; she rather suspects that it was her father who wanted to file charges of bigamy against Roy if he marries you considering that those documents are part of the official documents of the Manila Civil Registry and the National Statistics Office. Another problem in your case is the illegitimate child of Roy from Ester in the person of Melinda. The following issues were enumerated: a. Is the marriage between Rey Lopez and Ester Silva valid?; b. Will there be a valid marriage between you and Rey, considering that his supposed marriage with Ester has not yet been annulled in Court?; c. Is it still possible to continue your wedding?; and d. What will be the possible remedies that must be taken to protect your properties from the possible claim of Roys illegitimate child, Melinda, considering the rights of your future children? We shall confer these issues in order. On the issue of the validity of the marriage between Rey and Ester, it was stated in Art. 2, par. (2) of the Family Code that no marriage shall be valid, unless consent was freely given in the presence of the solemnizing officer. Art. 4 of the FC provide that the absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). In taking this matter, their marriage may seem to be valid yet some requisites of a valid marriage are deficient subject to proper verification of its authenticity. Hence, the said marriage may be declared void from the beginning. As to the issue of your possible marriage with Rey, a judicial declaration of nullity of a previous marriage is necessary before a subsequent one can be legally contracted. One who enters into a subsequent marriage without first obtaining such judicial declaration is guilty of bigamy. This principle applies even if the earlier union is characterized by statutes as void. He must first secure a judicial declaration of nullity of his prior marriage before he contracts a subsequent marriage (Morigo v.

People, G.R. No. 145226, February 6, 2004)1. Although, the prior marriage constitutes to be void it will still be subsistent until the judicial declaration of nullity of the same from the Court has been acquired. Thus, there will be no valid marriage between you and Rey considering that his supposed marriage with Ester was not yet been annulled by the Court. However, if you and Rey intend to continue your wedding, it was uttered in Art. 350 of the Revised Penal Code that the penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next preceding article, shall contract marriage knowing that the requirements of the law have not been complied with or that the marriage is in disregard of a legal impediment. The persistence of the said marriage may be done unless there would be no any hindrance to its validity. Nonetheless, it would be possible as of now to postpone the said wedding awaiting the proper action on the nullity of the previous marriage of Roy and Ester. Lastly, on the issue of the possible remedies that must be taken to protect your properties from the possible claim of Reys illegitimate child. In accordance with Art. 75 of the Family Code, The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. Art. 77, FC, also states that the marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. Thus, the execution of a pre-nuptial agreement of the respective properties between you and Rey may be done inorder to settle the issue on the protection of your properties from possible claims from a third party (as discussed in Art. 77 above). Accordingly, the said settlement must also be evaluated and approved by Rey to avoid any issues that may be stipulated thereto. Nonetheless, in the subject of property claim of Reys illegitimate child, Art. 197 of the Family Code it states that, In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. Consequently, the contents of the above-cited provision may be a probable defense if the execution of the pre-nuptial agreement shall be questioned by a third party in the future. Therefore, it may also aid us in the details that may support the protection of your properties to your future children. I hope that I have sufficiently addressed your concerns. Please feel free to contact me should you have any further questions on this matter. Sincerely,

MASV
1

422 SCRA 376

PRE-NUPTIAL AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Pre-Nuptial Agreement is executed by and between: REY LOPEZ, of legal age and a resident of 297 Dian Street, Palanan, Makati City; and TERESA CAMIA, of legal age and a resident of 95 Tindalo Street, Ayala Albang, Muntinlupa City; WITNESSETH: WHEREAS, the parties hereto are about to enter into a contract of marriage, scheduled to take place on December 17, 2012 at the Portofino South, Daang Reyna, Las Pias; WHEREAS, they hereby agree that their property relations as future spouses shall be under the regime of COMPLETE SEPARATION OF PROPERTY during the marriage; IN VIEW OF THE FOREGOING, the parties agree as follows: 1. THAT all the property, real and personal, now owned and hereafter to be owned by the future wife, TERESA CAMIA, shall remain to be her own exclusive and separate property, subject to her sole disposition, administration and enjoyment; while those of the future husband, REY LOPEZ shall likewise remain to be of his own absolute ownership, disposition and administration; 2. THAT all properties and earnings acquired after marriage by any party or by both parties shall be liquidated and proportionately divided to each future spouse and their legitimate children in case of inheritance however, other claims from a third party shall not be subject to absolute community or of the conjugal partnership; 3. THAT all earnings from any profession, business or industry shall likewise belong to each future spouse; 4. THAT each future spouse shall proportionately bear the family expenses, including the rearing and education of future children that may be begotten or that may be adopted during the marriage; 5. Future donations to either of the spouse, if any, shall pertain exclusively to the donee spouse unless otherwise specified in the deed of donation. 6. This agreement shall take effect upon the celebration of the marriage.

IN WITNESS WHEREOF, the parties hereto have signed their names unto this document this 16th day of June 2012 in Quezon City, Philippines. REY LOPEZ Future Husband TERESA CAMIA Future Wife Witnesses: ANNALISE FERNANDEZ JULITO REYES

ACKNOWLEDGMENT REPOUBLIC OF THE PHILIPPINES ) CITY OF QUEZON ) S.S. BEFORE ME, a Notary Public for the City of Quezon, Philippines, on this 16th day of June 2012 personally appeared the following: Name Passport No. Date/Place/Issued REY LOPEZ 23579255 01-26-11/Manila TERESA CAMIA 13987472 04-10-11/Manila Known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their own free and voluntary act and deed. WITNESS MY HAND AND SEAL on the date and place first above written. NOTARY PUBLIC Until December 31, 2012 Doc. No. 2; Page No. 4; Book No. II; Series of 2012. Aform0024