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Annulment 101


Zorro

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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.

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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..

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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.

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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.
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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!

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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.

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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.

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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.

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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.

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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!

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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.

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You have to file a Petition for Declaration of Nullity of Marriage with the RTC. You will the services of counsel for this.

 

 

sir can you give me referrals? it says on my marriage certificate we where married under article 34.

whats that? thanks...

Edited by paolonaz
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sir can you give me referrals? it says on my marriage certificate we where married under article 34.

whats that? thanks...

 

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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