November 25, 2017

Ms. Teresa Campos

95 Tindalo Street, Ayala Alabang,
Muntinlupa City.

Dear Ms. Campos:

Greetings! I hope that this letter finds you well. Enclosed within the contents of
this letter is my legal opinion as well as the Pre Nuptial Agreement that I have
promised you when you came to my office. Before I begin with my legal opinion
concerning your case, I would first like to run down the facts that you relayed to
me. The facts that I have obtained are as follows:

Following a year of courtship, you and Roy Lopez decided to tie the knot and
agreed that the appropriate date to hold your wedding is on the 17th of
December. Prior to coming up with an actual date for your wedding, he
confessed about being in a relationship five (5) years ago with a certain Ester
Salva. Ester and Roy both were working for a Sewing Machine company that
Roys uncle owns. The relationship was kept a secret from Roys mother and
from his uncle for the following reasons; fear of disappointment from his mother,
while his uncle was matching him with another woman.

Their affair bore an offspring and was registered under Roys name without his
knowledge. When Roy finally decided to break off from the relationship, he
promised Ester the he would consistently give child support yet the latter did not
take the break up well. Now, while the wedding preparations are in motion, you
have received through mail, copies of Marriage License and Marriage Certificate
establishing that Roy and Ester are married. The authenticity of the documents
you have received was questionable since the details indicated were erroneous
while the handwriting was significantly different from Roys actual handwriting.
After having the documents examined, it was found that it was indeed falsified
and was not Roys handwriting.

This prompted Roy to confront Ester and she confessed that out of desperation,
with the help of someone whose name she did not mention, she was able to
secure a marriage license from Cavite and was able to produce a Marriage
License by paying someone from an office near Manila Hall. Ester denied
sending the Marriage License and Certificate to you but suspects that it came
from her father who resents the fact that Roy is remarrying and threatens that he
would be charging Roy with Bigamy.

With the foregoing facts, these are your Inquiries:

(1) Is his Marriage to Ester valid?

 (2) Can the wedding push through?
(3) Can Roy be charged with Bigamy if he marries you?

With the facts you have provided, I can say that his marriage to Ester cannot be
valid. Before a marriage can be deemed as valid and binding, there are requisites
stipulated in the Civil Code of the Philippines that must first be followed 1 .
However in the case at bar, there is an absence of a valid Marriage License
merely out of the fact that the Marriage License was produced out of deceit. In
the absence of a valid marriage license, the marriage is deemed void from the
beginning as it lacks one of the requisites required to invoke its validity2.

Despite the fact that we have established that Ester and Roys wedding is not
valid, I still cannot guarantee that you will be wed on your desired date. A
wedding license cannot be obtained right away. You will still have to prove to the
City Registry that the other marriage license under Roys name is not valid.
Usually before contracting another marriage, a declaration of nullity of marriage
should be secured prior to the solemnization of the subsequent marriage.
However, this cannot be applied to your case. This is established in a case
similar to yours wherein the court mentioned that it is no longer needed since the
marriage was void from the beginning due to lack of a requisite of marriage 3. Let
us hope that you get the marriage license on time.

Lastly, I do not think that Roy can be charged with Bigamy. In order to be
charged with Bigamy, the offender should be LEGALLY married 4. In Roys case,
there are sufficient evidence dismissing any legal marriage between Roy and
Ester. So, should Esters father push through with pressing charges against Roy,
you can rely on the previous facts that have been relayed to aid in dismissing the
case against your soon to be husband.

Now, since Roys illegitimate child is placed into picture, I understand that you
would have to safeguard the interest of your future children. As per your request,
I have attached the Pre-Nuptial agreement in this letter. Should you have any
concerns regarding the Pre-Nup, should you want certain provisions removed or
revised, and should you wish to utilize my services for this particular case, please
do not hesitate to contact me.

Truly Yours,

Atty. Elmer Sales

1 FAMILY CODE ART 2 AND 3

2 FAMILY CODE ART 4
3 MORIGO V. PEOPLE, G.R. NO. 145226, February 6, 2004, 422 SCRA 376
4 PEOPLE V. DUMPO, 62 PHIL. 246 (1935)
 PRE-NUPTIAL AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This PRE-NUPTIAL AGREEMENT, entered into this __th day of November in 2017 at
Manila City, by and between:

ROY LOPEZ, of legal age, Filipino citizen, single, and with 297 Dian Street, Palanan,
Makati City, hereinafter as Future Husband

-and-

TERESA CAMPOS, of legal age, Filipino citizen, single, and with 95 Tindalo Street, Ayala
Alabang, Muntinlupa City, hereinafter as Future Wife

WITNESSETH:

1. That the Parties hereto are about to enter into a contract of marriage, tentatively
scheduled to take place sometime in 17 December 20__;

2. That the Parties hereby mutually agree that their property relations as future spouses
shall be under the regime of COMPLETE SEPARATION OF PROPERTIES during their
marriage;

3. That the Parties hereby mutually agree that all property, real and personal, now
owned by the Future Wife, TERESA CAMPOS, shall remain to be her own exclusive
and separate property, subject to her disposition, administration, and enjoyment
while those of the Future Husband, ROY LOPEZ, shall likewise remain to be his own
exclusive and separate property, subject to his absolute disposition, administration,
and enjoyment;

4. That the Parties further agree that any and all earnings from their profession,
employment or business as well as all fruits due or received during the marriage,
from the fruits of their separate properties shall exclusively and solely belong to each
party who earned them. The Parties likewise agree that any other properties, of
whatever nature and kind, which each of them may subsequently acquire or obtain,
both accruing prior or after the signing of this Agreement, shall belong or be allotted
to the Party which acquires or obtains the same.

5. That the Parties do hereby expressly acknowledge that they have both read and
understood this Agreement, that they gave freely signed the same, being aware of,
fully comprehending and acquiescing to all the effects and consequences hereof.

6. That this Agreement shall take effect upon the celebration of the marriage.

IN WITNESS WHEREOF, the parties have signed this contract on __ November 2017 in
Manila City, Philippines
 ROY LOPEZ TERESA CAMPOS
Future Husband Future Wife

Signed in the presence of:

[WITNESS] [WITNESS]

Republic of the Philippines )

[CITY] ) s.s.

BEFORE ME, this ____________ in the City of _____________, personally appeared on

________, the following persons, with their respective [VALID ID] as indicated below:

1. [NAME OF FUTURE HUSBAND], with [VALID ID with ID No.] issued by the [ISSUING
AUTHORITY] on ______________.
2. [NAME OF FUTURE WIFE], with [VALID ID with ID No.] issued by the [ISSUING
AUTHORITY] on ______________.

known to me to be the same persons who executed the foregoing instrument, denominated as a
Pre-Nuptial Agreement consisting of __ pages, signed on each and every page by the parties and
their instrumental witnesses, having acknowledged the same before me as their own free and
voluntary act and deed.

IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day,
year and place written.

(Sgd.) __________
Notary Public

Until_________________
_
PTR No.
_______________
Issued at
______________
On
___________________

Doc. No.
Page No.
Book No.
Series of [YEAR].