Annulment 101

[swami]

how about if peke yung marriage lisence. for example kinuha sa cavite... eh sa qc city hall naman kinasal. pwede bang i pa void toh?

 

How do you know it's fake? A marriage license issued by any local civil registrar may be used anywhere in the Philippines. Thus, a marriage license issued by the local civil registrar of Cavite may be used by a priest in Quezon City as basis in officiating the marriage ceremony.

[SoundWave]

magkano po kaya ang kailangan ihanda para sa gastusin ng annulment?

[The_Blade]

How do you know it's fake? A marriage license issued by any local civil registrar may be used anywhere in the Philippines. Thus, a marriage license issued by the local civil registrar of Cavite may be used by a priest in Quezon City as basis in officiating the marriage ceremony.

 

 

it's done via a fixer. none of the "marrying" party resides in cavite. it's ante dated. Besides the officiating party is not a priest or Judge in one RTC in QC. Maybe just one of the employee in the judge's office. Is the marriage legal?

[swami]

it's done via a fixer. none of the "marrying" party resides in cavite. it's ante dated. Besides the officiating party is not a priest or Judge in one RTC in QC. Maybe just one of the employee in the judge's office. Is the marriage legal?

 

1. The fact that it's done via fixer does not mean the license was indeed fake. It's possible that the fixer was there only to facilitate the immediate release of the license.

 

2. Again, it is not necessary that either of the marrying parties reside in the city or municipality where the license was issued.

 

3. The fact that the officiating officer is not a priest or judge does not necessarily mean the marriage is void, provided that at least one of the parties honestly believed that the officiating officer had the authority to do so.

 

Dude, it's easier to secure an annulment if both parties are colluding.

[countrystyle]

1. The fact that it's done via fixer does not mean the license was indeed fake. It's possible that the fixer was there only to facilitate the immediate release of the license.

 

2. Again, it is not necessary that either of the marrying parties reside in the city or municipality where the license was issued.

 

3. The fact that the officiating officer is not a priest or judge does not necessarily mean the marriage is void, provided that at least one of the parties honestly believed that the officiating officer had the authority to do so.

 

Dude, it's easier to secure an annulment if both parties are colluding.

 

i heard that the court will subpoena both parties to make sure that there is no collulsion. what should they do? should the petitionee just ignore subpoena's and other letters from the court to ensure that the proceedings will be smooth and that the annulment will be granted?

Edited August 14, 2009 by countrystyle

[swami]

i heard that the court will subpoena both parties to make sure that there is no collulsion. what should they do? should the petitionee just ignore subpoena's and other letters from the court to ensure that the proceedings will be smooth and that the annulment will be granted?

 

Well, actually, it's the prosecutor who subpoenas the parties. Here's how it goes:

 

1. The parties collude, agreeing that the other spouse will not contest the petition;

2. The petitioner files the petition, and the other spouses does not file any answer;

3. The court will remand the case to the prosecutor to conduct a hearing to determine if there's collusion;

4. The prosecutor issues a subpoena. The other spouse may opt to appear and state that he's not amenable to the petition, but nonetheless will not file any answer because he cannot secure the services of counsel, etc.

5. The prosecutor files a report to the court, expressing his finding that there's no collusion.

6. The Court proceeds with the case, with the prosecutor representing the OSG and the State. The court will continue to notify the other spouse of the notices of the proceedings.

7. The court issues a Decision annulling the case.

8. Hopefully, the OSG will not appeal.

[countrystyle]

Well, actually, it's the prosecutor who subpoenas the parties. Here's how it goes:

 

1. The parties collude, agreeing that the other spouse will not contest the petition;

2. The petitioner files the petition, and the other spouses does not file any answer;

3. The court will remand the case to the prosecutor to conduct a hearing to determine if there's collusion;

4. The prosecutor issues a subpoena. The other spouse may opt to appear and state that he's not amenable to the petition, but nonetheless will not file any answer because he cannot secure the services of counsel, etc.

5. The prosecutor files a report to the court, expressing his finding that there's no collusion.

6. The Court proceeds with the case, with the prosecutor representing the OSG and the State. The court will continue to notify the other spouse of the notices of the proceedings.

7. The court issues a Decision annulling the case.

8. Hopefully, the OSG will not appeal.

 

thanks, swami. what's the OSG?

 

if there's collusion then the allegations in the petition will probably be bogus, allegations of psychological incapacity, for instance, even though the other spouse is perfectly sane. now, the other spouse knows that these allegations are not true but will not contest so that the annulment will be granted. other than the annulment being granted, what will be the impact of this decision to the other spouse? can the case be made public, or can someone request for the details of the case to discredit the other spouse, say, to take away his rights to see their children?

[ReDBaByBuRn]

what would be the first thing to do if i wanted my previous marriage to be annuled?...

[bonito99]

Backread.

 

OSG: Office of the Solicitor General

[The_Blade]

thanks swami!

 

the marriage was in 1990. male is 20 YO. hindi ba kailangan ng parents consent yun? if kailangan, at wala yun di ba null and void yun?

[swami]

thanks, swami. what's the OSG?

 

if there's collusion then the allegations in the petition will probably be bogus, allegations of psychological incapacity, for instance, even though the other spouse is perfectly sane. now, the other spouse knows that these allegations are not true but will not contest so that the annulment will be granted. other than the annulment being granted, what will be the impact of this decision to the other spouse? can the case be made public, or can someone request for the details of the case to discredit the other spouse, say, to take away his rights to see their children?

 

Dude, psychological incapacity does not mean insanity. It only means incapacity to comply with the essential marital obligations of the marriage. It means that at the time the spouse entered into marriage, he was not fully cognizant of the obligations that marriage entails.

 

So, it won't have any substantial effect to the spouse alleged to be incapacited because once declared psychologically incapacitated, it only means that at the time he got married, he was just not capable of complying with the obligations that marriage entails.

 

This does not mean he's a bad father. The right of the parent to visit his child is almost absolute. Lest the visitation will entail danger to the child, the right of the parent to visit will be upheld.

[swami]

thanks swami!

 

the marriage was in 1990. male is 20 YO. hindi ba kailangan ng parents consent yun? if kailangan, at wala yun di ba null and void yun?

 

Yes, a person below 21 years of age must secure parental consent before he can marry. However, if the parental consent was not secured, the marriage may be annulled only until he reaches 21. If he reaches 21, and thereafter, freely cohabitated with the other spouse, the "defect" is deemed ratified/cleansed. The marriage may no longer be annulled on the ground of lack of parental consent.

[ReDBaByBuRn]

what will happen to the kids if the annulment is done?... to whom will they be staying...

[swami]

what will happen to the kids if the annulment is done?... to whom will they be staying...

 

In all cases, it is the best interest of the chld that is to be determined by the court. If it is in the best interest of the child to be with the father, then the court will give the custody to the father. However, there is a presumption that it is in the best interest of children below 7 years of age to be with their mother. The fact that one parent is psychologically incapacitated is only one of the many factors that the court will consider. It does not automatically mean that the children automatically go to the other spouse.

[sEdUc3sS]

im learning so much from this thread...i just have a couple of questions and i hope you dont mind because they're pretty mundane (not to me though) - how long do annulment proceedings normally take? are we looking at months? years? is there a way to get it done fast? how much do these proceedings cost?

 

pls let me know if i can PM anyone here regarding getting recommendations for a lawyer that can represent my partner - we're trying to process his petition and have been looking around for a good lawyer. thanks so much!