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this is my friend's situation.
Juana got married to Pedro on oct 5, 1971 in san juan, , allegedly without parental consent and she did not sign a marriage contract.they got 3 children.
They separated bed and board. Juana went abroad for work and lost contact with pedro.
Sometime in 1997, Juana buco met a japanese man and married in manila.
Prior to marriage, Juana did not secure a "death certificate of her previous husband (as Pedro was knowingly still alive) or did not obtain annulment of her previous marriage BUT secured a "record of no marriage" or singleness " from the National Statistics Office. The record of her previous marriage did not appear or could not be found at the records of NSO.
She got married to the japanese man on july 7, 1997. they adopted a child yuri. (who was left and abandoned to them by a known friend 3 days after delivery, the mother never came back for the baby, birth was registered late when child was already 3 yrs old).they brought the child to the dswd but yeilded the custody to them without going through proper procedure.so they registered the child as their biological child through the civil registrar.
the japanese man bought and fully paid 2 life insurance policies from two insurance companies in the philippines where in life insurance A, Juana and yuri were the beneficiaries, and life insurance B, only Juana was the beneficiary.
the japanese died in 2009.
Juana claimed the insurance.
3 Children of Juana from previous husband, appeared , punched and tried to kill Juana, their mother at her house in to get the properties of the japanese. She escaped. The 3 children took away the minor son yuri.
Juana reported at the Pasay police but ignored the matter being "mere family problem", no case was filed in court
The 3 children appeared at the insurance companies carrying copy of first marriage contract from san juan and with authenticated copy from NSO, opposing the donation is void because of Juana's marriage to the pedro. The insurance companies sustained the opposition.
Juana's claims were both denied.
Juana argued with the insurance companies. Denial was still sustained on the grounds of violation of article 2012 in relation to art 739 of civil code.
Juana, the insurance companies and the insurance commission had meeting to settle the matter.
Juana admitted first marriage to Pedro Abarra.Based on that admission insurance companies sustained still the denial.
QUESTIONS:
1. can juana file directly a case of attempted murder?
2. can juana file a case of kidnapping and failure to return a minor for taking his minor child? (though questionable under proper procedure of adoption)
3. can juana through an affidavit, instead waive her life insurance claims in favor of his minor child yuri?
4. since juana is denied for the life insurance claims under a void marriage, is an affidavit of waiver enough so that the insurance company will release the money to his son's name?
5. is there a need for judicial order that juana is the legal guardian of his son and his son's rights to the life insurance before the insurance company should release the money?
6. what is the best way for juana to demand the insurance company to release the money to his son's benefits without going through the court's tedious process?
7. since the time the claim was due and the insurance company failed to release it, can juana claim for interest?
thanks for your advice.
Juana got married to Pedro on oct 5, 1971 in san juan, , allegedly without parental consent and she did not sign a marriage contract.they got 3 children.
They separated bed and board. Juana went abroad for work and lost contact with pedro.
Sometime in 1997, Juana buco met a japanese man and married in manila.
Prior to marriage, Juana did not secure a "death certificate of her previous husband (as Pedro was knowingly still alive) or did not obtain annulment of her previous marriage BUT secured a "record of no marriage" or singleness " from the National Statistics Office. The record of her previous marriage did not appear or could not be found at the records of NSO.
She got married to the japanese man on july 7, 1997. they adopted a child yuri. (who was left and abandoned to them by a known friend 3 days after delivery, the mother never came back for the baby, birth was registered late when child was already 3 yrs old).they brought the child to the dswd but yeilded the custody to them without going through proper procedure.so they registered the child as their biological child through the civil registrar.
the japanese man bought and fully paid 2 life insurance policies from two insurance companies in the philippines where in life insurance A, Juana and yuri were the beneficiaries, and life insurance B, only Juana was the beneficiary.
the japanese died in 2009.
Juana claimed the insurance.
3 Children of Juana from previous husband, appeared , punched and tried to kill Juana, their mother at her house in to get the properties of the japanese. She escaped. The 3 children took away the minor son yuri.
Juana reported at the Pasay police but ignored the matter being "mere family problem", no case was filed in court
The 3 children appeared at the insurance companies carrying copy of first marriage contract from san juan and with authenticated copy from NSO, opposing the donation is void because of Juana's marriage to the pedro. The insurance companies sustained the opposition.
Juana's claims were both denied.
Juana argued with the insurance companies. Denial was still sustained on the grounds of violation of article 2012 in relation to art 739 of civil code.
Juana, the insurance companies and the insurance commission had meeting to settle the matter.
Juana admitted first marriage to Pedro Abarra.Based on that admission insurance companies sustained still the denial.
QUESTIONS:
1. can juana file directly a case of attempted murder?
2. can juana file a case of kidnapping and failure to return a minor for taking his minor child? (though questionable under proper procedure of adoption)
3. can juana through an affidavit, instead waive her life insurance claims in favor of his minor child yuri?
4. since juana is denied for the life insurance claims under a void marriage, is an affidavit of waiver enough so that the insurance company will release the money to his son's name?
5. is there a need for judicial order that juana is the legal guardian of his son and his son's rights to the life insurance before the insurance company should release the money?
6. what is the best way for juana to demand the insurance company to release the money to his son's benefits without going through the court's tedious process?
7. since the time the claim was due and the insurance company failed to release it, can juana claim for interest?
thanks for your advice.
