Annulment 101

[notta101]

question lang po: sa case of annulment based on minority of parties, pwede bang di na i present yung parties, testimonies na lang ng NSO personnel on the authenticities of the birth and marriage certificates? mahirap nang maungkat yung support, custody, etc e.

[Mitchybuster]

I need some advise mga sir, what's the easiest way to process an annulment and may laban ba ko sa custody kung iuuwi ng misis ko ung baby ko sa magulang nya pero d2 sya sa manila magwowork? kasi I can take care of my baby kung dito sa manila. please help I'm clueless on how to start this. thanks in advance!

[Pinoymale]

I need some advise mga sir, what's the easiest way to process an annulment and may laban ba ko sa custody kung iuuwi ng misis ko ung baby ko sa magulang nya pero d2 sya sa manila magwowork? kasi I can take care of my baby kung dito sa manila. please help I'm clueless on how to start this. thanks in advance!

 

The easiest way to process an annulment is, first and foremost, if you have a strong ground. Secondly, there are certain jurisdictions/judges who are more lenient in granting annulments - again, it would help if you have a strong ground for the annulment - you may wish to establish residence in one of these areas for purposes of filing the petition. If your baby is under 7 yrs old then your wife will have a stronger case for custody than you - unless you can prove she is an unfit mother.

[Pinoymale]

question lang po: sa case of annulment based on minority of parties, pwede bang di na i present yung parties, testimonies na lang ng NSO personnel on the authenticities of the birth and marriage certificates? mahirap nang maungkat yung support, custody, etc e.

 

It would be difficult, if not impossible, to find a judge that would allow an annulment case to be prosecuted without at least the petitioner testifying since annulment cases are scrutinized and watched over carefully.

[bonito99]

correct!

[snowman74]

hi mtc peeps!

 

I would like to inquire about my friends brother in law and son.

 

my friend has a sister who has 2 sons. one is from a previous bf and the second son is the legitimate son of my friends brother in law. now, my friends sister wants an annulment but the brother in law does not want it. my friends sister is already seeing this other guy and is living in a condo that the guy owns. now, brother in law got angry and sent annulment papers to my friends sister including a request that the legitimate son stay with the brother in law. now, what are the chances of the brother in law getting his son?

 

 

the son is turning 6 yrs old and is not taken cared of the way the father and the fathers family could. from what i have heard the mother is basically a woman who likes to sleep around and is just hanging on to this new guy because he is richer than the husband. she also has no job and just floats on cash outs from her parents and titas and whoever she could get money from. the husband/ father of their son supports them however for the mother it is not enough for the lifestyle she wants. she even still up to now drives the husbands car even if she is seeing this other guy.

 

now my question is how do i help the father and the son? from what i have heard the son is showing signs of bad attitude and brainwashing by the mother. they do not eat right and the sons are just left with relatives of the yaya whenever the mom wants to go and party and doesnt even spend christmas and holidays with the kids. i pity these kids so much that even just being a friend makes me want to help them. but i can only help the second son because the first son has never known his real father. what help can i give the father so that he may have his son with him?

 

can the husband ask the court to subject the wife to psychiatric testing? from what i have heard also the wife has a history of psychiatric visits and is mentally unstable. can he explore that angle? does it help that they have not yet annulled and the wife is already seeing another man?

[rocco69]

As a general rule, no child below seven years shall be separated from the mother, UNLESS THERE ARE COMPELLING REASONS for it. Ikaw na rin ang sumagot sa tanong mo. Sabi mo "i have heard also the wife has a history of psychiatric visits and is mentally unstable." Definitely, he can use this to portray the mother as unfit to care of the child.

 

Likewise, you also stated "does it help that they have not yet annulled and the wife is already seeing another man?" Again, if you can prove this through evidence and then show through a child psychologist that this is harming the child, then that would prove that the mother is unfit to care of the child.

 

The man can file an action to get custody of the child. He should consult a lawyer however so that his evidence is rock-solid, since without evidence, the child would be adjudged to the mother, being below 7.

 

If he can, he could also get physical possession of the child, then let the mother be the one to file the action to get back the child. He can then present his evidence there but in the meantime, he already has custody of the child. Diskarte na ito ng abugado na makukuha niya

 

hi mtc peeps!

 

I would like to inquire about my friends brother in law and son.

 

my friend has a sister who has 2 sons. one is from a previous bf and the second son is the legitimate son of my friends brother in law. now, my friends sister wants an annulment but the brother in law does not want it. my friends sister is already seeing this other guy and is living in a condo that the guy owns. now, brother in law got angry and sent annulment papers to my friends sister including a request that the legitimate son stay with the brother in law. now, what are the chances of the brother in law getting his son?

 

 

the son is turning 6 yrs old and is not taken cared of the way the father and the fathers family could. from what i have heard the mother is basically a woman who likes to sleep around and is just hanging on to this new guy because he is richer than the husband. she also has no job and just floats on cash outs from her parents and titas and whoever she could get money from. the husband/ father of their son supports them however for the mother it is not enough for the lifestyle she wants. she even still up to now drives the husbands car even if she is seeing this other guy.

 

now my question is how do i help the father and the son? from what i have heard the son is showing signs of bad attitude and brainwashing by the mother. they do not eat right and the sons are just left with relatives of the yaya whenever the mom wants to go and party and doesnt even spend christmas and holidays with the kids. i pity these kids so much that even just being a friend makes me want to help them. but i can only help the second son because the first son has never known his real father. what help can i give the father so that he may have his son with him?

 

can the husband ask the court to subject the wife to psychiatric testing? from what i have heard also the wife has a history of psychiatric visits and is mentally unstable. can he explore that angle? does it help that they have not yet annulled and the wife is already seeing another man?

[sleep_heavy]

I have a question and this is for a friend.

 

They were married for like 17 years. There were marriage ceremony happened, complete with everything, a church ceremony infact. Happened, they did not have it filed.

 

Now, the husband married another girl.

 

Question :

1. is the marriage void even a real ceremony happened (with all pictures and witnesses?)

2. is the children (five children!) legitimate and need to carry their father's name?

3. is the second marriage even legal?

4. is the wife can marry again to a different guy with no hassle?

Thanks for all who's gonna answer.

 

Answer... yes the wedding was legitimate and was solemnized by a minister who has a legitimate authority to solemnize marriages.

 

It is most favorable if your friend create an Explanatory affidavit clarifying the facts of the issue (na hindi na submit lahat ng papers in a timely manner sa Civil Registrar for some reason) together with whatever documents she has. She has to bring these papers to the Civil Registrar of the Place that they got married and submit those papers as support documents for an application of Late Registration for Marriage. Sorry I just saw this now. Once the Registered documents come out they should send an advance copy to the National Census Office East avenue so that they can have official records of the Marriage. Once that is out they are officially documented to be married. That way, if she wants to she take legal action against the other woman if she wants to do that also since here she has a large selection of civil and criminal actions she can employ to attack the adverse party.

 

 

[sleep_heavy]

I have a question and this is for a friend.

 

They were married for like 17 years. There were marriage ceremony happened, complete with everything, a church ceremony infact. Happened, they did not have it filed.

 

Now, the husband married another girl.

 

Question :

1. is the marriage void even a real ceremony happened (with all pictures and witnesses?) No. It is a real marriage from the start

2. is the children (five children!) legitimate and need to carry their father's name? The children are Legitimate and can sue to carry the Father's name as legit heirs

3. is the second marriage even legal? No it is not. The consequence of the second marriage invites civil and criminal litigation if proffered.

4. is the wife can marry again to a different guy with no hassle? No she can not marry another man unless and until anulment proceedings filed has been favorably decided upon with executive finality....

 

Thanks for all who's gonna answer.

 

Answer... yes the wedding was legitimate and was solemnized by a minister who has a legitimate authority to solemnize marriages.

 

It is most favorable if your friend create an Explanatory affidavit clarifying the facts of the issue (na hindi na submit lahat ng papers in a timely manner sa Civil Registrar for some reason) together with whatever documents she has. She has to bring these papers to the Civil Registrar of the Place that they got married and submit those papers as support documents for an application of Late Registration for Marriage. Sorry I just saw this now. Once the Registered documents come out they should send an advance copy to the National Census Office East avenue so that they can have official records of the Marriage. Once that is out they are officially documented to be married. That way, if she wants to she take legal action against the other woman if she wants to do that also since here she has a large selection of civil and criminal actions she can employ to attack the adverse party.

 

 

[aniloz]

Question. I had a GF last year 2000. dumating sa point na we want to get married. ang siste, kasal lang sa tabi tabi! then we broke up after 2 years. I had i checked sa NSO if its legal. then I found out na kasal pa pala sya sa una! diko alam yun! now gusto ko ma void yung kasal kasalan na yun coz somebody told me na pag may mangyare sken, sa kanya pa dn bagsak ng anu man meron ako na properties. hayz.. help pls.

[rocco69]

sabi mo nagpakasal kayo sa tabi-tabi, tapos sinabi mo rin na nag-check ka na sa NSO kung legal yung kasal nyo (kung saan nadiskubre mo na kasal na siya sa iba - [sabi mo kasal pa pala sya sa una - ang ibig mo bang sabihin ay kasal na siya sa iba nung magpakasal kayo sa tabi-tabi?]), pero di mo naman sinabi kung ano ang resulta ng imbestigasyon mo sa NSO ukol sa kasal nyo. ano ba ang findings mo re: yung kasal nyo?

 

Question. I had a GF last year 2000. dumating sa point na we want to get married. ang siste, kasal lang sa tabi tabi! then we broke up after 2 years. I had i checked sa NSO if its legal. then I found out na kasal pa pala sya sa una! diko alam yun! now gusto ko ma void yung kasal kasalan na yun coz somebody told me na pag may mangyare sken, sa kanya pa dn bagsak ng anu man meron ako na properties. hayz.. help pls.

[aniloz]

nag request ang sis ko ng cert of singleness nung babae and it turned out na may pinakasalan nga sya na una. at yung sken, kasal ako sa kanya. may kopay nko nun. now ang wan tko lang is yung ma void yung sa kasal namin. diko din maintindihan bat napayagang mailista ng NSO yung kasal namin samantalang may naunang kasal na yung babae? i was abroad that time kaya sya ang nag asikaso. wala eh, tiwala kasi nga inlove! o bopols lang tlaga ako. thnx sa advice mo in advance.

[rocco69]

dahil nakarehistro ang kasal mo sa Civil Registrar at sa NSO, wala kang ibang option kundi maghain ng kaso sa korte upang ipawalang-bisa ang kasal mo. ang kagandahan lang dito, medyo mas madali at mas mura eto kesa sa ordinaryong pagpapawalang-bisa ng kasal.

 

kumuha ka na sa NSO ng certified true copy ng marriage certificate mo, at ng resulta ng CENOMAR ng asawa mo. kung makakakuha ka rin ng certified true copy ng marriage certificate ng asawa mo at ng una niyang asawa, mas maganda. kailangan mo ring kumuha ng certification mula sa Civil Registrar kung saan nakarehistro yung unang kasal ng asawa mo na nagsasabi na hanggang sa kasalukuyan ay walang nakasulat na "null and void ab initio" yung kasal na yun at hindi pa na-aannul. mangangailangan ka rin ng ebidensya na noong nagpakasal kayo ng asawa mo ay BUHAY PA yung kanyang asawa (dahil kung patay na ito nun, may bisa ang kasal niyo). kumunsulta sa abugado pag meron ka na ng mga papeles na ito.

 

nag request ang sis ko ng cert of singleness nung babae and it turned out na may pinakasalan nga sya na una. at yung sken, kasal ako sa kanya. may kopay nko nun. now ang wan tko lang is yung ma void yung sa kasal namin. diko din maintindihan bat napayagang mailista ng NSO yung kasal namin samantalang may naunang kasal na yung babae? i was abroad that time kaya sya ang nag asikaso. wala eh, tiwala kasi nga inlove! o bopols lang tlaga ako. thnx sa advice mo in advance.

[cHinitababe86]

guys, may simple akong tanong, kunwari kinasal kame ng asawa ko, nung time na nagpakasal kame, hindi buong name nya ang nakalagay sa marriage certificate namen, to be more clear, il give an example, joseph rafael mendoza ang name kunwari,

pero ang nakalagay lang sa marriage certificate namen na name nya rafel mendoza, wala ung joseph, possibly ba pwedeng maging void un since hindi full name nya ang talagang naregister? what ang possible na mangyayari sa ganitong case? thanks

Edited July 4, 2010 by cHinitababe86

[rocco69]

Unfortunately, mabisa pa rin ang kasal na naganap. hindi naman kasi importante yung pangalan sa kasalan, basta ba yung tao na yun ang pinapakasalan mo, i.e. ang pinapakasalan mo ay si Joseph Rafael Mendoza, ang inilagay niyang pangalan sa marriage certificate ay Juan dela Cruz, may bisa pa rin ang kasal niyo, kasi siya naman talaga ang pinapakasalan mo, hindi ibang tao. Ang walang bisa, yung nagpapakasal ka kay Joseph Rafael Mendoza tapos ang dumating sa kasal ay yung kambal niya (na nagpapanggap bilang Joseph Rafael) – dahil hindi yung kambal ang gusto mong pakasalan kundi si Joseph Rafael. Sa madaling salita, walang valid na consent dun sa kasong yun, unlike sa iniba lang yung pangalan, pero same person talaga yung taong pinapakasalan mo.

 

 

what ang possible na mangyayari sa ganitong case?

file ka ng correction of entry para maipatama yung marriage certificate (kung typographical error lang, sa Civil Registrar lang; kung hindi ito typographical error, file ka sa korte), sa marriage mismo, alang effect yan.

 

guys, may simple akong tanong, kunwari kinasal kame ng asawa ko, nung time na nagpakasal kame, hindi buong name nya ang nakalagay sa marriage certificate namen, to be more clear, il give an example, joseph rafael mendoza ang name kunwari,

pero ang nakalagay lang sa marriage certificate namen na name nya rafel mendoza, wala ung joseph, possibly ba pwedeng maging void un since hindi full name nya ang talagang naregister? what ang possible na mangyayari sa ganitong case? thanks