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Annulment 101


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#41 swami

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Posted 16 August 2009 - 08:12 PM

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.

#42 swami

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Posted 16 August 2009 - 08:16 PM

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.

#43 ReDBaByBuRn

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Posted 16 August 2009 - 11:46 PM

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

#44 swami

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Posted 17 August 2009 - 08:54 AM

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.

#45 sEdUc3sS

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Posted 17 August 2009 - 03:05 PM

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!

#46 ReDBaByBuRn

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Posted 17 August 2009 - 03:41 PM

much thanks... :flowers:

#47 swami

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Posted 17 August 2009 - 04:07 PM

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!


1. Annulment proceedings normally take 6 - 8 months.
2. There's always a way to get it done fast ;)
3. I think roughly around 150-200K.

I handle annulment cases. PM me for details.

#48 countrystyle

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Posted 17 August 2009 - 04:42 PM

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.


understood. maraming salamat!

#49 lomex32

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Posted 18 August 2009 - 02:30 PM

Lastly Atty ...

What will be my main argument on our case? Will it be helpful if my wife files this one instead?


1. Annulment proceedings normally take 6 - 8 months.
2. There's always a way to get it done fast ;)
3. I think roughly around 150-200K.

I handle annulment cases. PM me for details.



If we were to follow the first view, then the marriage is void. If the second, the marriage is valid.
I personally adhere to the first view. It will be nice to bring this matter for resolution by the courts.

In cases like this where the legal issues are not clear cut, the SolGen will almost always take the contrary view, if only to give the Supreme Court the opportunity to finally rule on the matter.



Hmm. If I remember it correctly, there are 2 schools of thought here.

1. The first view states that during the said five-year cohabitation period, both parties must not be suffering from any impediment to marry each other (e.g., prior marriage, minority, etc)

2. The second view, however, maintains that it is not necessary that during the said five-year period, both parties must not be suffering from any impediment to marry each other. It is sufficient that they had been living with each other as husband and wife for five years and that on the day of the intended marriage, they are no longer suffering from said impediment.

I think majority of the legal scholars adhere to the first view.


Atty swami

Some twists on Article 34
My wife and I executed this affidavit her age 22 mine 24

Can the undertaking of the exemption be challenged stating that she was a minor (22 yrs -5 = 17) then ?



#50 swami

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Posted 18 August 2009 - 05:10 PM

Lastly Atty ...

What will be my main argument on our case? Will it be helpful if my wife files this one instead?


Dude, the main argument in all annulment cases is almost always psychological incapacity. If the other grounds are available, then you just include them as additional grounds. You can invoke as many grounds as you want in your petition anyway.

The usual strategy is to allege in the petitin that BOTH parties are psychologically incapacitated. That way, you have a pretty good chance of securing the annulment.

#51 powerpuffgirls

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Posted 23 August 2009 - 08:32 AM

what is PRESUMPTIVE DEATH? I know someone who is separated from his wife for 10 years and file for annulment, where in fact he fully knows his wife's whereabouts, so he could remarry. If ever he would be granted for annulment , what are the consequences he would be facing in case his original wife contests the said remarriage? thanks!

Edited by powerpuffgirls, 23 August 2009 - 08:35 AM.


#52 swami

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Posted 23 August 2009 - 09:19 AM

what is PRESUMPTIVE DEATH? I know someone who is separated from his wife for 10 years and file for annulment, where in fact he fully knows his wife's whereabouts, so he could remarry. If ever he would be granted for annulment , what are the consequences he would be facing in case his original wife contests the said remarriage? thanks!


Good question.

If a person has disappeared for so many years, and his whereabouts are unknown, and there are circumstances indicating that he may have already died, then the spouse present may file a petition in court, seeking to declare the absent spouse to be presumptively dead. For purposes of remarriage, the absent spouse must have been absent for at least 4 consecutive years (2 years if there are strong indications of death, e.g., he was on board on MV Princess of the Star when it sank, he was in the World Trade Center during 9-11 attack, etc. )

After the court shall have issued a declaration that the absent spouse is presumptively dead, then the present spouse present may now remarry. However, should the absent spouse reappear, the subsequent marriage will automatically be dissolved. All the absent spouse has to do is to register his reappearance with the local civil registrar. (The only "automatic annulment" allowed under the law).

I strongly advise against this procedure, even if the parties are colluding. (magkutsabahan na kunwari nawawala na yung isa, at wala ng communication). For one, it's not permanent, as the "presumptively dead" spouse could always threaten the other spouse with automatic annulment by just resurfacing and register his reappearance with the civil registrar. Also, there are strict judges who actually subpoena the SSS, GSIS, BIR, PhilHealth, etc., on any information pertaining to the absent spouse, if only to determine if he is still alive. If he is paying taxes, SSS premiums, etc., then the court will automatically deny the petition, as the absent spouse is still alive.

#53 powerpuffgirls

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Posted 23 August 2009 - 09:49 AM

Good question.

If a person has disappeared for so many years, and his whereabouts are unknown, and there are circumstances indicating that he may have already died, then the spouse present may file a petition in court, seeking to declare the absent spouse to be presumptively dead. For purposes of remarriage, the absent spouse must have been absent for at least 4 consecutive years (2 years if there are strong indications of death, e.g., he was on board on MV Princess of the Star when it sank, he was in the World Trade Center during 9-11 attack, etc. )

After the court shall have issued a declaration that the absent spouse is presumptively dead, then the present spouse present may now remarry. However, should the absent spouse reappear, the subsequent marriage will automatically be dissolved. All the absent spouse has to do is to register his reappearance with the local civil registrar. (The only "automatic annulment" allowed under the law).

I strongly advise against this procedure, even if the parties are colluding. (magkutsabahan na kunwari nawawala na yung isa, at wala ng communication). For one, it's not permanent, as the "presumptively dead" spouse could always threaten the other spouse with automatic annulment by just resurfacing and register his reappearance with the civil registrar. Also, there are strict judges who actually subpoena the SSS, GSIS, BIR, PhilHealth, etc., on any information pertaining to the absent spouse, if only to determine if he is still alive. If he is paying taxes, SSS premiums, etc., then the court will automatically deny the petition, as the absent spouse is still alive.



thanks atty swami! How about if yung abogado ng lalaki ang kakutsaba nya, eto kc ang fastest way para makapag asawa agad yung lalaki sa halagang 50k daw....sinusubaybayan ko nga etong kaso na to hhehehhee...... alien resident pa yung guy ( anyway ibang story na yun).... ok, let us assume, na grant yung 2nd marriage nung guy, then na discover ng first wife yung remarriage, then nanalo sa kaso yung first wife to dissolve the 2nd marriage. What will happen sa 2nd wife where in fact, she married the HINAYUPAK NA LALAKING yun in good faith, if ever, pano pala yung magiging anak nila legitimate or illegitimate na matatawag sa dissolved marriage, and if in case namatay yung GUY, pano ang hatian ng mga properties na naiwanan ng guy, sa mga naiwang spouses nya? thanks!

Edited by powerpuffgirls, 23 August 2009 - 09:52 AM.


#54 swami

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Posted 23 August 2009 - 11:12 AM

thanks atty swami! How about if yung abogado ng lalaki ang kakutsaba nya, eto kc ang fastest way para makapag asawa agad yung lalaki sa halagang 50k daw....sinusubaybayan ko nga etong kaso na to hhehehhee...... alien resident pa yung guy ( anyway ibang story na yun).... ok, let us assume, na grant yung 2nd marriage nung guy, then na discover ng first wife yung remarriage, then nanalo sa kaso yung first wife to dissolve the 2nd marriage. What will happen sa 2nd wife where in fact, she married the HINAYUPAK NA LALAKING yun in good faith, if ever, pano pala yung magiging anak nila legitimate or illegitimate na matatawag sa dissolved marriage, and if in case namatay yung GUY, pano ang hatian ng mga properties na naiwanan ng guy, sa mga naiwang spouses nya? thanks!


The guy is a resident alien? Dude, the status of a person is determined by his nationality. So, if you're a Filipino, then the law on family relations (Family Code) of the Philippines applies to you. If you are a US citizen, the law on family relations of the US applies to you.

Why does the guy even have to secure an annulment? doesn't his country allow divorce?

Anyway, I'll just assume that his country does not permit divorce, and defers to Philippine law on the validity of his marriage here (i assume it's here, right?).

1. The 1st wife does not even have to file a case to dissolve the marriage. She only has to register her reappearance to the local civil registrar to dissolve the 2nd marriage.

2. The children conceived during the 2nd marriage shall be considered legitimate, unless the other wife was also in bad faith.

3. the absolute community or conjugal partnership of gains shall be dissolved, with the guilty spouse forfeiting his ahre in favor of the children conceived during the 2nd marriage.

#55 ReDBaByBuRn

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Posted 30 August 2009 - 02:26 PM

is it true that after 5-7yrs of no communication with the person you married, the marriage can be considered null and/or void?...

#56 redax

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Posted 30 August 2009 - 03:25 PM

is it true that after 5-7yrs of no communication with the person you married, the marriage can be considered null and/or void?...

False

#57 AsILayDying

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Posted 30 August 2009 - 04:21 PM

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.



How would we know if we have a mariage license? Can't remember having one or can't remember if we signed for a license...

#58 swami

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Posted 31 August 2009 - 02:22 PM

is it true that after 5-7yrs of no communication with the person you married, the marriage can be considered null and/or void?...


Pls back read. I already answered a similar query by powerfpuffgirl. please see above this post. it's there.

#59 AsILayDying

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Posted 04 September 2009 - 09:11 AM

How about my question sir? hehehe

Is the Marriage Cert same as the Marriage license?


#60 swami

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Posted 04 September 2009 - 12:23 PM

How about my question sir? hehehe

Is the Marriage Cert same as the Marriage license?


No. Marriage certificate is different from marriage license. Marriage license is the "license" you obtain from the government permitting you to marry.

How would you know if there was a marriage license? Well, i'm not sure if the civil registrar prudently safekeeps all these marriage licenses. But in case there's no marriage license to be found, it will be presumed that there is, pursuant to the presumption of regularity in the performance of public service, i.e., public officials are presumed to have performed their duties regularly, hence, the civil registrar is presumed to have issued a prior marriage license.




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