Annulment 101

[xavier_xerver]

Pwede na po ba itong gawing grounds for filing an annullment?

 

hindi po. kelangan pa rin magproduce ng evidence or ibang grounds for filing the annulment

 

 

 

Sir Rocco Salamat sa advise.

[frankenstein123]

Sir in annulment do we really have to split the money and the properties down the middle? And do I still have to give monthly. The kids will be living with me not with my wife.

[rocco69]

1. do we really have to split the money and the properties down the middle?

 

the law actually allows the spouses to enter into a different sharing agreement. however, if you can't agree, then I'd say the Court will have to split the properties between the parties equally (if it fits into 50% of the properties, then you get the house and lot where you and the children are living in, since the children are with you)

 

 

2. do I still have to give monthly?

 

If the annulment is granted, not anymore if the kids are with you.

 

Sir in annulment do we really have to split the money and the properties down the middle? And do I still have to give monthly. The kids will be living with me not with my wife.

Edited May 15, 2011 by rocco69

[frankenstein123]

1. do we really have to split the money and the properties down the middle?

 

the law actually allows the spouses to enter into a different sharing agreement. however, if you can't agree, then I'd say the Court will have to split the properties between the parties equally (if it fits into 50% of the properties, then you get the house and lot where you and the children are living in, since the children are with you)

 

 

2. do I still have to give monthly?

 

If the annulment is granted, not anymore if the kids are with you.

 

 

 

Thank you so much sir....

[TanglewoodBoy]

sir ROCCO,

 

if matapos na yung annulment ko for example, will I have to give some sort of financial grant to my ex-wife as some sort of separation pay????? (if wala po kaming anak)

 

thanks sir....

 

[rocco69]

Nope, just a division of the properties you own together (although the guilty party will have to forfeit his/her share in the profits of the community property - this depends on the ground for annulment)

 

sir ROCCO,

 

if matapos na yung annulment ko for example, will I have to give some sort of financial grant to my ex-wife as some sort of separation pay????? (if wala po kaming anak)

 

thanks sir....

 

[TanglewoodBoy]

Nope, just a division of the properties you own together (although the guilty party will have to forfeit his/her share in the profits of the community property - this depends on the ground for annulment)

 

actually wala naman sir kaming own properties, she got my wedding ring which she sold tapos yung bank account naming 2, nakuha ko na yung share ko and we live in my parent's house so, all of the things we use like appliances, things, is sa house ng parents ko though yung mga nabili niya dito sa house namin, I can pay for it naman ( she bought a cabinet and some other stuff...)

 

thanks sir for taking the time to answer......

 

[Pittman]

actually wala naman sir kaming own properties, she got my wedding ring which she sold tapos yung bank account naming 2, nakuha ko na yung share ko and we live in my parent's house so, all of the things we use like appliances, things, is sa house ng parents ko though yung mga nabili niya dito sa house namin, I can pay for it naman ( she bought a cabinet and some other stuff...)

 

thanks sir for taking the time to answer......

 

 

 

It appears that the two of you are in good and speaking terms. Take advantage of this situation by just agreeing in writing via a notarized document on the inventory of the properties and the manner by which they are to be shared by the two you. Then, when you file your petition for declaration of nullity of marriage, just allege thereon that you do not have any properties. Hence, the petition shall be limited on the issue of the marriage itself and the case will not be dragged by the issues on the property.

 

Just my two cent's worth.

[TanglewoodBoy]

It appears that the two of you are in good and speaking terms. Take advantage of this situation by just agreeing in writing via a notarized document on the inventory of the properties and the manner by which they are to be shared by the two you. Then, when you file your petition for declaration of nullity of marriage, just allege thereon that you do not have any properties. Hence, the petition shall be limited on the issue of the marriage itself and the case will not be dragged by the issues on the property.

 

Just my two cent's worth.

 

 

Thanks so much sir, we are not really that good but we are on speaking terms....

 

[wildswans]

sir, can a girl legally marry abroad (U.S or Canada) even if her marriage in the philippines is not annulled? will there be any consequences? thanks.

[rocco69]

sa ilalim ng batas ng Pilipinas, walang bisa ang kasal niya (dahil kasal pa rin siya sa iba).

 

kung uuwi siya ng bago niyang "asawa" dito sa Pilipinas, at magsasama sila dito bilang mag-asawa, maari siyang makasuhan ng criminal case na adultery.

 

sir, can a girl legally marry abroad (U.S or Canada) even if her marriage in the philippines is not annulled? will there be any consequences? thanks.

[wildswans]

sa ilalim ng batas ng Pilipinas, walang bisa ang kasal niya (dahil kasal pa rin siya sa iba).

 

kung uuwi siya ng bago niyang "asawa" dito sa Pilipinas, at magsasama sila dito bilang mag-asawa, maari siyang makasuhan ng criminal case na adultery.

 

ok got it po. thank you sir rocco69.

[mavh22]

sir rocco ask lang anong tawag sa case na yung x-wife ko pati biyenan ko ayaw pa hiram yung bata? im planning on filing a case against them because i know bawal yung ganyan thanks

[rocco69]

x-wife? may decision na ba declaring your marriage as null and void? if there is, there should also be a portion there as to who gets custody of the child and what your rights are. assuming you have been granted visitation rights, all you need to do is ask the court that rendered the decision to execute the judgment (motion for writ of execution) or a motion for indirect contempt for defiance of the court's order

 

sir rocco ask lang anong tawag sa case na yung x-wife ko pati biyenan ko ayaw pa hiram yung bata? im planning on filing a case against them because i know bawal yung ganyan thanks

[wizard23]

sir rocco, pittman et al

 

i have this on off relationship for 7 years already with my ex gf. my ex gf is actually separated from her husband physically but still married legally for over 10 years already. due to financial constraints, she can't file an annulment. e wala ring initiative from her husband to file so status quo - both living apart but the child is with the mother. husband by the way is already living with another woman and has a child from the woman he's living in with.

 

my question actually pertains to the divorce bill currently being filed or being debated on in congress. assuming the divorce bill has been passed and becomes legal in the PH. mas madali ba at mura mag file ng divorce? i heard na even sa annulment to appease the damasos in the country, baka hindi na lang ipasa ang divorce but the grounds for annulment will be easier.

 

your inputs, comments, thoughts, advice shall be appreciated. thnx!

[mavh22]

i mean x-wife kasi we are not seeing or have any communication with each other for 2yrs++. we are not separted or annuled yet. my problem is ayaw ipahiram or ipakita yung kids ko thanks

[rocco69]

i see. the case you want to file is called one for visitation rights over your children

 

i mean x-wife kasi we are not seeing or have any communication with each other for 2yrs++. we are not separted or annuled yet. my problem is ayaw ipahiram or ipakita yung kids ko thanks

[rocco69]

my comment: espekulasyon lahat ng tanong mo. intayin muna natin yang divorce bill na maging batas (na ala namang kasiguraduhan)

 

 

sir rocco, pittman et al

 

i have this on off relationship for 7 years already with my ex gf. my ex gf is actually separated from her husband physically but still married legally for over 10 years already. due to financial constraints, she can't file an annulment. e wala ring initiative from her husband to file so status quo - both living apart but the child is with the mother. husband by the way is already living with another woman and has a child from the woman he's living in with.

 

my question actually pertains to the divorce bill currently being filed or being debated on in congress. assuming the divorce bill has been passed and becomes legal in the PH. mas madali ba at mura mag file ng divorce? i heard na even sa annulment to appease the damasos in the country, baka hindi na lang ipasa ang divorce but the grounds for annulment will be easier.

 

your inputs, comments, thoughts, advice shall be appreciated. thnx!

[mavh22]

i see thanks. laso pwede ko ba kasuhan yung biyenan ko? because unfair ginawa niya thanks

[wizard23]

ok atty rocco. good point. iba talaga mag isip ang mga abugado. hehe. tnx.

[Nano69]

Long time MTC Member here. Just recently passed the bar exams. Hope I can serve my fellow members here.

[paolonaz]

Hi sirs,

 

a friend of mine filed an annulment almost two years ago. panay delaying tactics yung lawyer nya sa court.

then last feb 28 supposedly iprepresent nung lawyer yung psychiatrist as first witness. then after 1 week

nakatangap sya ng letter na sinasabi na dismissed yung case dahil hindi umattend yung lawyer. he called

his lawyer and ang sabi ni lawyer is pano ngyari yun eh umattend sila. so lawyer called daw the court

and sinabi na nagkamali lang daw kasi me kasabay that day na case na same surname. magfifile na lang daw si

lawyer ng manifest to reopen the case.

 

question po:

1. pano po malalaman kung still ongoing yung case.

2. me kaso po na pwede isampa dun sa lawyer for neglience in case dismissed nga yung case.

3. when is the soonest na pwede magfile uli ng annulment case.

 

thanks. i hope you can help us.

[rocco69]

1. pano po malalaman kung still ongoing yung case.

 

pumunta sa korte kung saan nakasampa ang kaso at magtanong dun tungkol sa status ng kaso (at kung tutoo nga na may kasabay na case na same surname)

 

 

2. me kaso po na pwede isampa dun sa lawyer for negligence in case dismissed nga yung case.

 

meron (kung tutoong na-dismiss yung kaso dahil hindi nag-attend yung lawyer [ibig din sabihin nun, nagsinungaling si atty na may kasabay daw na case])

 

 

3. when is the soonest na pwede magfile uli ng annulment case.

 

depende sa pag-dismiss ng korte kung pwede pang i-refile ang kaso. Ayun sa Section 3, Rule 17, kapag na-dismiss ang kaso dahil sa kasalanan ng naghain nito (in this case, kasalanan ng naghain dahil hindi niya pinupursige ang kaso), ito ay decision on the merits, kaya di na pwedeng buhayin pa (unless sasabihin ng korte sa order of dismissal na ito ay "without prejudice" - ibig sabihin nito, pwede pang i-refile). in short, kailangang tingnan nyo ang dismissal kung ito ay "without prejudice". kung walang ganung portion, di na mihahain ulit ang kaso.

 

 

 

Hi sirs,

 

a friend of mine filed an annulment almost two years ago. panay delaying tactics yung lawyer nya sa court.

then last feb 28 supposedly iprepresent nung lawyer yung psychiatrist as first witness. then after 1 week

nakatangap sya ng letter na sinasabi na dismissed yung case dahil hindi umattend yung lawyer. he called

his lawyer and ang sabi ni lawyer is pano ngyari yun eh umattend sila. so lawyer called daw the court

and sinabi na nagkamali lang daw kasi me kasabay that day na case na same surname. magfifile na lang daw si

lawyer ng manifest to reopen the case.

 

question po:

1. pano po malalaman kung still ongoing yung case.

2. me kaso po na pwede isampa dun sa lawyer for neglience in case dismissed nga yung case.

3. when is the soonest na pwede magfile uli ng annulment case.

 

thanks. i hope you can help us.

[paolonaz]

thanks sir

 

in case po na wala yung clause na "without prejudice". since d naman po kasalanan ng friend ko.

can we still have a case?

 

thanks po

[rocco69]

As stated earlier, kung tutoong na-dismiss na yung kaso ng friend mo for failure to prosecute the same, at walang nakalagay na "without prejudice" to re-filing the case ang dismissal, di na siya maihahain uli; unless you can prove that the case was dismissed due to the gross negligence of the previous lawyer at di dapat ito isisi sa kaibigan mo (which, honestly speaking, is going to be a bit difficult because your friend is going to need a lawyer to prove that his previous lawyer was negligent, and most lawyers are unwilling to do that to a colleague).

 

if the dismissal really is true, the best thing to do would be to file a Motion for Reconsideration of the dismissal (within 15 days from receipt of the Order of Dismissal), para di kailangang maghain ng bagong kaso.

 

thanks sir

 

in case po na wala yung clause na "without prejudice". since d naman po kasalanan ng friend ko.

can we still have a case?

 

thanks po

Edited June 11, 2011 by rocco69