Can a Japanese Husband Sue His Filipina Wife for Proving Her Child Is Not His in the Context of Philippine Law?

Query:

A Japanese husband wants to know if he can sue his Filipina wife if he can prove that her child is not biologically his.

Answer:

Paternity Disputes:

In Philippine law, paternity disputes can be complex and governed by various laws, including the Family Code and the Revised Penal Code.

Adultery:

If the Japanese husband can prove that his Filipina wife had a child with another man while they were married, he may file a criminal complaint for adultery against her, as well as against the man involved. Adultery is a criminal offense under Article 333 of the Revised Penal Code.

Annulment or Legal Separation:

The husband may also pursue an annulment or legal separation based on the ground of sexual infidelity. If annulled, the marriage will be considered void from the beginning. If legally separated, the marital bond still exists, but the couple will be living apart.

Child Support:

If it is proven that the child is not his, the husband may not be obligated to provide child support. However, if he voluntarily acknowledged the child as his own before discovering the truth, reversing that acknowledgement could be complicated.

Civil Damages:

Aside from the criminal case, the husband may also file a civil case for damages based on "psychological violence" under the Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262).

Summary:

Yes, a Japanese husband can sue his Filipina wife if he proves the child is not his. He has multiple legal avenues, including filing for adultery, annulment or legal separation, and civil damages. Each of these options has its own requirements and implications, so legal counsel should be sought.

Note: This article is intended for informational purposes and should not be considered legal advice. Consult a qualified lawyer for advice tailored to your specific circumstances.