Dear Miss Pakipot,

You and your boyfriend is planning to get married in Argentina. Whether or not a marriage
instituted abroad shall be deemed valid here in the Philippines.

Yes. If you instituted or celebrated a marriage in Argentina such marriage will be recognized in
the Philippines.

The general rule, concerning marriages solemnized abroad or outside the Philippines in
accordance with the law of the foreign country shall be valid in the Philippines.

Section 26 of the Family Code clearly states that such marriages are valid. The said provisions
states that: “All marriages solemnized outside the Philippines, in accordance with the laws in
force in the country where they are solemnized, and valid there such, shall also be valid in this
country”

To add to that, the principle of “lex loci celebrationis” may also apply. It refers to the validity of
the union, independent of the laws of marriage of the countries involved. The assumption under
the common law is that such a marriage, when lawfully and validly celebrated under the relevant
law of the land, is also lawful and valid.

Very truly yours,

Kuya Lawyer
Dear Mr. Too Nice,

You let your friend borrowed your checkbook as a substitute for his checkbook. You know that
you have insufficient funds but was assured by your friend that he will transfer the subject
amount to your account in order to satisfy the insufficiency of your fund. But the check you issued
bounced because your friend never transferred the said amount to your account.

Will you be liable for estafa? Did you violate BP 22?

Estafa is a Criminal offense wherein a person, defrauds, another by means of unfaithfulness,

deceit or fraudulent means. It is clear, according to your testimony, that you lack criminal
content. You were just a mere tool of the wrong actions of your friend. Thus, you may be free of
estafa charge because you acted in good faith.

On the other hand, you did violate BP 22. Section 1 of BP 22 states that “Any person who makes
or draws and issues any check to apply on account or for value, knowing at the time of issue that
he does not have sufficient funds in or credit with the drawee bank for the payment of such check
in full upon its presentment, which check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been dishonored for the same reason had not the
drawer, without any valid reason, ordered the bank to stop payment, shall be punished by
imprisonment of not less than thirty days but not more than one (1) year or by a fine of not less
than but not more than double the amount of the check which fine shall in no case exceed Two
Hundred Thousand Pesos, or both such fine and imprisonment at the discretion of the court.

The same penalty shall be imposed upon any person who, having sufficient funds in or credit with
the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds
or to maintain a credit to cover the full amount of the check if presented within a period of ninety
(90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank.

Very Truly yours,

Kuya Lawyer