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Thersch

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  1. Like
    Thersch reacted to -teRe- in Locked Up Abroad   
    What's that? my post as illegitimate? hahaha...do you even know the definition of the word? For one thing to be considered illegitimate, there should be set of law/laws or rule/rules that allows or disallows/prohibits such thing, now from what accepted standards/rules/laws did you based yours that you considered my post as illegitimate?
    You read the post of the Lady from PI, so you know what i said Re: looking down upon the woman. The fact that the the accused lady graduated from a good school in the Phils and that she doesn't know the FC is totally uncalled for. Whether one graduated or not, the possibility of committing a mistake is likely to happen to anyone.
    Do you even know a thing about the FC of the Philippines for you to say that, you're statements are clearly without a doubt, merely based on opinions without legal basis at all. Obviously, you lack knowledge about the family law in the Philippines. I beg to disagree but the state cares about the legitimacy of the babies, otw, there should have been no family laws at all. I mentioned about the legitimacy not the population. Legitimacy is one thing, and population is another. The pivotal issue in this case is the "no-brainer" of the FC as regards the presumption of legitimacy of the child NOT the population that you are talking about. And suddenly you even want to address divorce? It would really help you if you find some time to understand the FC. Don't you think you need to address the issue squarely? Just a suggestion.
    Now for you suggestion, don't you think you should address that to the Philippine congress? just a thought so your "opinions" will make a difference.
  2. Like
    Thersch reacted to -teRe- in Locked Up Abroad   
    It's not a no-brainer law, every bill signed into law has been deliberated and studied upon carefully. The rationale behind the law is to protect the interest of the unborn/child, the law doesn't want the child to suffer the status of being an illegitimate child, as such is always frowned upon especially in Philippine setting, that's why the law creates this presumption that any baby born in a marriage is presumed to belong to that of the husband and the wife. The presumption is in favor of legitimacy not illegitimacy. This presumption, however is NEVER conclusive and irrebutable and may be overcome anytime by strong pieces of evidence to the contrary. And DNA evidence, contrary to what has been said here, is never irrelevant to Philippine courts disprove paternity. In fact, courts give high credence to DNA results to be conclusive as to paternity. There is no need to revise the family code as regards the matter, as i have said one can always disprove the alleged paternity. The absence of DNA Evidence at the time of the enactment of the Family code nothwithstanding, the presumption may be rebutted by other pieces of evidence which the family codes also provided for.
    Let's not looked down upon the girl or the fact that she graduated in a good school in the Philippines yet committed the mistake. To err is human. Not every Filipina knows about all the 257 articles of the Family code, that's a hard thing to do. LOL! PEACE OUT!
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