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Annulment 101


Zorro

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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 ?

 

 

Oh, now I get it. The reason why there was no marriage license was because you executed an affidavit stating that you two (2) had been living together as husband and wife (live in) for at least five years prior to the date of marriage. That's one of the exceptions provided by law. I think that's what ARt. 34 states. If parties have been living together as husband and wife for at least 5 years, they're exempt from securing a marriage license. They ccould get married right away. The solemnizing officer usually requires the parties to simply execute an affidavit to that effect.

 

I'm afraid you'll have to secure your annulment the hard way. PM me if you wish to discuss this privately.

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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 ?

 

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.

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If such undertaking becomes void will the marriage be likewise?

 

What is your view on this then?

 

What can be the Sol Gen's defense on this argument?

 

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.

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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.

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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?

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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.

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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 by countrystyle
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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.

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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?

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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.

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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.

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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.

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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!

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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.

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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!

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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 ?

Link to comment
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.

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