Jump to content


Photo

Annulment 101


  • Please log in to reply
601 replies to this topic

#1 Zorro

Zorro

    Lover

  • (05) Regular
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 1296 posts
  • Gender:Male
  • Location:NCR
  • Interests:Party...Events,
    Women!
    Life is short . . . .
    Lets have fun!

Posted 29 July 2009 - 09:43 AM

Please welcome our member ANNULMENT to give us an online guide.... :D

#2 ANNULMENT

ANNULMENT

    Voyeur

  • (02) Sinless
  • 1 posts

Posted 29 July 2009 - 03:01 PM

will answer queries all about annulment

#3 pogingpogi2x

pogingpogi2x

    Lover

  • (06) Chronic Poster
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 1114 posts

Posted 31 July 2009 - 04:28 PM

will answer queries all about annulment


So what is the proper procedure? grounds? things to consider before annulment? legal basis? ano pa ba?

#4 thegame08

thegame08

    Young Gun

  • (05) Regular
  • PipPipPipPipPipPipPipPipPipPipPip
  • 718 posts
  • Gender:Male
  • Location:Taguig

Posted 31 July 2009 - 08:01 PM

So what is the proper procedure? grounds? things to consider before annulment? legal basis? ano pa ba?


If it's based on psychological incapacity or under Art. 36 of the Family Code kailangan i-alleged iyung specific psychological incapacity (which is based on the psychological report/ findings of a psychiatrist) ng respondent, pag hindi maaring ma-grant nga iyung annulment sa lower court (RTC family court) pero maaring i-opposed ng Office of the Solicitor General (OSG for brevity). Me sinalo kaming kaso wherein iyung petition was granted by the RTC pero nag-oppose ang OSG hence it was elevated to the Court of Appeals, na-reverse ang decision ng RTC at hindi nakapag-file ng motion for reconsideration iyong dating counsel ng petitioner within the reglementary period kaya naging final na ang decision ng RTC hence nakatali pa din iyung babae sa respondent na meron nang asawa sa Hawaii.

#5 federicuger

federicuger

    Hottie

  • (05) Regular
  • PipPipPipPipPipPipPip
  • 363 posts
  • Gender:Male

Posted 31 July 2009 - 10:19 PM

panu kung may bagong kinakasama at may anak yung asawa nya? panu ma anull yun?

#6 thegame08

thegame08

    Young Gun

  • (05) Regular
  • PipPipPipPipPipPipPipPipPipPipPip
  • 718 posts
  • Gender:Male
  • Location:Taguig

Posted 02 August 2009 - 03:26 PM

I-alleged ninyo iyon doon sa petition.

#7 thegame08

thegame08

    Young Gun

  • (05) Regular
  • PipPipPipPipPipPipPipPipPipPipPip
  • 718 posts
  • Gender:Male
  • Location:Taguig

Posted 04 August 2009 - 06:59 PM

If it's based on psychological incapacity or under Art. 36 of the Family Code kailangan i-alleged iyung specific psychological incapacity (which is based on the psychological report/ findings of a psychiatrist) ng respondent, pag hindi maaring ma-grant nga iyung annulment sa lower court (RTC family court) pero maaring i-opposed ng Office of the Solicitor General (OSG for brevity). Me sinalo kaming kaso wherein iyung petition was granted by the RTC pero nag-oppose ang OSG hence it was elevated to the Court of Appeals, na-reverse ang decision ng RTC at hindi nakapag-file ng motion for reconsideration iyong dating counsel ng petitioner within the reglementary period kaya naging final na ang decision ng RTC hence nakatali pa din iyung babae sa respondent na meron nang asawa sa Hawaii.



Correction, it should have read like this "x x x x kaya naging final na ang decision ng Court of Appeals x x x x" mea culpa..

#8 paolonaz

paolonaz

    Looker

  • (04) Casual
  • PipPipPipPipPip
  • 160 posts

Posted 07 August 2009 - 07:44 AM

ask ko lang po. kung meron kayong marriage contract pero d kayo nag apply ng marriage license. pwede po ba pa null and void yung marriage?

#9 swami

swami

    Looker

  • (04) Casual
  • PipPipPipPipPip
  • 134 posts

Posted 07 August 2009 - 09:55 AM

ask ko lang po. kung meron kayong marriage contract pero d kayo nag apply ng marriage license. pwede po ba pa null and void yung marriage?


Yes, the marriage is void if no prior marriage license was secured.

A marriage contract is technically a tripartite (3-party) contract among the husband, the wife and the State sanctioning it. Without the "consent" of the State first being secured through the obtention of a marriage license, the marriage is void.

#10 lomex32

lomex32

    The Eye from the Sky

  • Ambassador
  • 10551 posts
  • Gender:Male
  • Location:Manila
  • Interests:Automobiles, travel, cooking, computer gaming,

Posted 07 August 2009 - 10:00 AM

This is only one ground for it...

Other 2
2. Homosexuality
3. Contracting an incurable disease such as AIDS etc ....


If it's based on psychological incapacity or under Art. 36 of the Family Code kailangan i-alleged iyung specific psychological incapacity (which is based on the psychological report/ findings of a psychiatrist) ng respondent, pag hindi maaring ma-grant nga iyung annulment sa lower court (RTC family court) pero maaring i-opposed ng Office of the Solicitor General (OSG for brevity). Me sinalo kaming kaso wherein iyung petition was granted by the RTC pero nag-oppose ang OSG hence it was elevated to the Court of Appeals, na-reverse ang decision ng RTC at hindi nakapag-file ng motion for reconsideration iyong dating counsel ng petitioner within the reglementary period kaya naging final na ang decision ng RTC hence nakatali pa din iyung babae sa respondent na meron nang asawa sa Hawaii.



#11 jaimecorleone

jaimecorleone

    Consultant

  • (04) Casual
  • PipPipPipPipPip
  • 166 posts
  • Location:Pampanga, QC,
  • Interests:Women, Firing, Racing

Posted 07 August 2009 - 12:17 PM

mga sirs, how bout ung inaalok sa brother ko na huhugutin daw sa NSO ung orig na marriage cert nla at idedelete sa computer records? so pag ngkahanapan wala na? how will this affect his chance to marry again?
:goatee:

if the marriage was nullified, would that make the children bastards? since it is assumed that there was no marriage...
:goatee:

thanks!

#12 swami

swami

    Looker

  • (04) Casual
  • PipPipPipPipPip
  • 134 posts

Posted 07 August 2009 - 12:30 PM

mga sirs, how bout ung inaalok sa brother ko na huhugutin daw sa NSO ung orig na marriage cert nla at idedelete sa computer records? so pag ngkahanapan wala na? how will this affect his chance to marry again?
:goatee:

if the marriage was nullified, would that make the children bastards? since it is assumed that there was no marriage...
:goatee:

thanks!


I heard this modus operandi, but it turned out, scam pala. So ingat lang. Wala pa ko nasalubong na legitimate na ganito.

I truly doubt the offer of "hugut" in the NSO. If that were truly available, then petitions for annulment of marriage will no longer thrive. The fact remains: libo-libo ang annulment sa court nowadays.

#13 SoundWave

SoundWave

    Agent 69

  • (05) Regular
  • PipPipPipPipPipPipPipPipPip
  • 576 posts
  • Location:bikini bottom

Posted 07 August 2009 - 12:39 PM

sir, yung kaso na sinabi ni federicuger, malaki ba ang chance na ma-annul ang kasal? kahit may anak din sya sa dating asawa nya?

#14 countrystyle

countrystyle

    2011 Champ

  • (05) Regular
  • PipPipPipPipPipPipPipPipPipPipPipPip
  • 839 posts
  • Gender:Male
  • Location:mandaluyong
  • Interests:music, food/cooking, beer, travel

Posted 07 August 2009 - 12:43 PM

I heard this modus operandi, but it turned out, scam pala. So ingat lang. Wala pa ko nasalubong na legitimate na ganito.

I truly doubt the offer of "hugut" in the NSO. If that were truly available, then petitions for annulment of marriage will no longer thrive. The fact remains: libo-libo ang annulment sa court nowadays.


i think this is possible. a few corrupt NSO employees is all it takes to make this happen. but even if this is true and i need to get annuled i won't do it because it is illegal and there could be serious consequences. annulment na lang.

#15 swami

swami

    Looker

  • (04) Casual
  • PipPipPipPipPip
  • 134 posts

Posted 07 August 2009 - 12:43 PM

sir, yung kaso na sinabi ni federicuger, malaki ba ang chance na ma-annul ang kasal? kahit may anak din sya sa dating asawa nya?


Dude, the fact that both parties are already cohabitating with other peoplke does not make their petition for annulment stronger or weaker. The usual ground is psychological incapacity at the time of the celebration of the marriage.

#16 swami

swami

    Looker

  • (04) Casual
  • PipPipPipPipPip
  • 134 posts

Posted 07 August 2009 - 12:46 PM

I am posting hereunder the pertinent provisions of the Family Code.

ARTICLE 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not falling under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and cdasia
(6) Those subsequent marriages that are void under Article 53.

ARTICLE 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (n) (As amended by Executive Order No. 227, dated July 17, 1987)

ARTICLE 37. Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.

ARTICLE 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children; cdt
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person's spouse or his or her own spouse.

#17 lomex32

lomex32

    The Eye from the Sky

  • Ambassador
  • 10551 posts
  • Gender:Male
  • Location:Manila
  • Interests:Automobiles, travel, cooking, computer gaming,

Posted 07 August 2009 - 12:52 PM

You can fool NSO but you cant fool those who signed on the Marriage Contract including the Local Civil Registry .....


Marriage nullified meaning children are children of wedlock ...(absence of marriage)

mga sirs, how bout ung inaalok sa brother ko na huhugutin daw sa NSO ung orig na marriage cert nla at idedelete sa computer records? so pag ngkahanapan wala na? how will this affect his chance to marry again?
:goatee:

if the marriage was nullified, would that make the children bastards? since it is assumed that there was no marriage...
:goatee:

thanks!



#18 moed

moed

    Looker

  • (04) Casual
  • PipPipPipPipPip
  • 140 posts

Posted 07 August 2009 - 04:19 PM

Art. 54 of the Family Code provides: "Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Art. 36 has become final and executory, shall be considered legitimate."

#19 paolonaz

paolonaz

    Looker

  • (04) Casual
  • PipPipPipPipPip
  • 160 posts

Posted 08 August 2009 - 06:50 AM

Yes, the marriage is void if no prior marriage license was secured.

A marriage contract is technically a tripartite (3-party) contract among the husband, the wife and the State sanctioning it. Without the "consent" of the State first being secured through the obtention of a marriage license, the marriage is void.


sir so pano po procedure to get it void? thanks.

#20 SoundWave

SoundWave

    Agent 69

  • (05) Regular
  • PipPipPipPipPipPipPipPipPip
  • 576 posts
  • Location:bikini bottom

Posted 08 August 2009 - 10:50 AM

sir, tanong ko lang, yung naging anak sa bagong kinakasama pero kasal sa iba at nai-acknowlege naman sa birth certificate, ano po magiging status nya, legitimate or illegitimate?




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users