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August 18, 2014

Mr. Joshua Crisostomo


34 Maginhawa St.
Casa Verde, Pasig City

Dear Mr. Banag:

Here is the opinion you requested. The facts, gathered from you and your documents, are
as follows:

You and your wife, Mirasol Crisostomo are already married for 23 years now. Due to
some reasons, you are separated for some quite time now and have lived independently from
each other. Mirasol filed for an annulment, but unfortunately, the petition was not granted. You
and your wife have different partners at the moment, you also want to marry your current
partner, but unable to do so because your marriage with Mirasol is not yet legally dissolved. You
and Mirasol wants to enter into a legal contract declaring it that you are free to marry other
persons, and you will not file charges against each other.

According to Article 1 of the Family Code of the Philippines, Marriage is a special
contract of permanent union between a union between a man and a woman entered into in
accordance with law. The purpose of marriage is for the establishment of conjugal and family
life. It is the foundation of the family and it is an inviolable social institution.

As stated, marriage is a special contract and not an ordinary contract. Marriage is entered
into by only two persons, a man and a woman. The law fixes the relations of the parties.
Marriage is a permanent union between persons, which cannot be dissolved upon agreement of
the parties, but only upon death or annulment by the courts. A breach of the obligation of a
husband or a wife will result in either penal (criminal actions for adultery and concubinage under
the revised penal code) or civil sanctions (actions for legal separation of for support under the
Family Code).

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