teban Posted November 5, 2011 Share Posted November 5, 2011 mga sir meron nadidiscuss si Attorney Mel sa 92.3 na pwede daw magfile ng annulment na presumptive dead yung partner mo after 5 or more years of separation. Is this process easier and cheaper than that of the standard annulment process? Quote Link to comment
Pinoymale Posted November 5, 2011 Share Posted November 5, 2011 mga sir meron nadidiscuss si Attorney Mel sa 92.3 na pwede daw magfile ng annulment na presumptive dead yung partner mo after 5 or more years of separation. Is this process easier and cheaper than that of the standard annulment process? In this case filing for annulment is unnecessary. All the surviving spouse needs to do is have the missing spouse be judicially declared dead and the marriage is terminated. Quote Link to comment
teban Posted November 11, 2011 Share Posted November 11, 2011 So that would mean miniml cost na lang sya. pero anu po ba ang kelangan na process nito para magkaroon ng grounds sa court? Quote Link to comment
King`Of`Klubbs Posted November 11, 2011 Share Posted November 11, 2011 Sa pagkakaalam ko, if you file for presumption of death of spouse then nagpakasal ka sa iba, ok na yun. PERO kung biglang lilitaw ang dati mong asawa, mapapawalang bisa yung pangalawang kasal mo at babalik ang dating status mo sa unang asawa mo. Quote Link to comment
rocco69 Posted November 12, 2011 Share Posted November 12, 2011 Sa presumption of death, kailangan mong maghain c hukuman ng petisyon para ipadeklara ang iyong nawawalang asawa na siya ay "ipinapalagay na patay". Kailangan mong patunayan c hukuman na may malakas kang paniniwala na patay na ang nawawala mong asawa. Sa madaling salita, kung naghiwalay lang kayo ng asawa mo at hindi ito nawawala, walang kang basehan para maghain c korte ng ganitong petisyon. Quote Link to comment
lawenta Posted November 28, 2011 Share Posted November 28, 2011 Colud someone please help me with this question/ problem: A and B are Filipinos who are now immigrant of Canada. They got married in Canada. Can they file for divorce in Canada? 1. They are still Filipino citizen 2. They did not have their marriage registered in the Philippines What will be your legal advise for A and B? Quote Link to comment
MODERATOR bonito99 Posted November 29, 2011 MODERATOR Share Posted November 29, 2011 Bar exam question? Quote Link to comment
lawenta Posted December 4, 2011 Share Posted December 4, 2011 Bar exam question?No sir... Actual case... Quote Link to comment
friendly0603 Posted December 4, 2011 Share Posted December 4, 2011 Colud someone please help me with this question/ problem: A and B are Filipinos who are now immigrant of Canada. They got married in Canada. Can they file for divorce in Canada? 1. They are still Filipino citizen 2. They did not have their marriage registered in the Philippines What will be your legal advise for A and B?1. Yes, they can. Divorce is allowed in Canada. Even if they were married in the philippines, they can get get divorced wherever it's allowed.As far as the philippines is concerned, I'm not sure sinfce it wasn't registered. If it was, they are still considered married "only in the philippines." Anywhere else, they are divorced. Quote Link to comment
diar Posted December 9, 2011 Share Posted December 9, 2011 Colud someone please help me with this question/ problem: A and B are Filipinos who are now immigrant of Canada. They got married in Canada. Can they file for divorce in Canada? 1. They are still Filipino citizen 2. They did not have their marriage registered in the Philippines What will be your legal advise for A and B? Divorce in Canada will have no binding effect between A and B. Under the Civil Code Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. Marriage being related to family rights, or the status, condition and legal capacity of persons are binding upon citizens of the Philippines even though living in Canada. The Philippines do not allow divorce hence divorce can not be obtained by any Filipino citizen wherever he may be.The non registration of their marriage in the Philippines does not bear any weight. They are still considered married here in the Philippines. Colud someone please help me with this question/ problem: A and B are Filipinos who are now immigrant of Canada. They got married in Canada. Can they file for divorce in Canada? 1. They are still Filipino citizen 2. They did not have their marriage registered in the Philippines What will be your legal advise for A and B? Divorce in Canada will have no binding effect between A and B. Under the Civil Code Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. Marriage being related to family rights, or the status, condition and legal capacity of persons are binding upon citizens of the Philippines even though living in Canada. The Philippines do not allow divorce hence divorce can not be obtained by any Filipino citizen wherever he may be.The non registration of their marriage in the Philippines does not bear any weight. They are still considered married here in the Philippines. Quote Link to comment
lawenta Posted December 13, 2011 Share Posted December 13, 2011 So if A and B ( still filipinos ) gets the divorce in Canada and A went home to the Phil to get married to C. The Phil Govt ,having no record of the previous marriage of A and B in Canada, will consider A as a umarried/single individual therefore will give the marriage licence for A and C. Quote Link to comment
moed Posted December 13, 2011 Share Posted December 13, 2011 If the spouse gets married in the Philippines and the spouse he or she divorced has an issue with the divorce, the latter could show proof that they got married in Canada, which Philippine laws would recognize, and the former could be charged with bigamy. If the former really wants to marry again, it would be safer to do so in another country so that the Philippines wouldn't have jurisdiction over the second marriage even if bigamous under our law. Quote Link to comment
moed Posted December 13, 2011 Share Posted December 13, 2011 If one of the spouses get married in the Philippines and the other spouse has an issue with the divorce, the latter might show that they got married in Canada which marriage would be recognized by the Philippines and the former spouse will be liable for bigamy. Better to get married outside the Philippines so Philippine courts wouldn't have jurisdiction over the second marriage. Quote Link to comment
friendly0603 Posted December 13, 2011 Share Posted December 13, 2011 Divorce in Canada will have no binding effect between A and B. Under the Civil Code Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. Marriage being related to family rights, or the status, condition and legal capacity of persons are binding upon citizens of the Philippines even though living in Canada. The Philippines do not allow divorce hence divorce can not be obtained by any Filipino citizen wherever he may be.The non registration of their marriage in the Philippines does not bear any weight. They are still considered married here in the Philippines.How would the philippines know if their marriage isn't registered? Tip for those affected here - don't post in youtube, facebook, other famous social media. So if A and B ( still filipinos ) gets the divorce in Canada and A went home to the Phil to get married to C. The Phil Govt ,having no record of the previous marriage of A and B in Canada, will consider A as a umarried/single individual therefore will give the marriage licence for A and C. technially, yes. Kasi pag nag-search sila ng CENOMAR for your marriage licence, wala sila makikita record of marriage so single ka and free to marry.Ang sinasabi nung nasa itaas eh kung mahuhuli ka, kahit hindi registered eh considered married ka sa pinas. Siyempre may legal proceedings pa, etc.Kung lalabas ka ng bansa after, ano naman magagawa ng pilipinas? If one of the spouses get married in the Philippines and the other spouse has an issue with the divorce, the latter might show that they got married in Canada which marriage would be recognized by the Philippines and the former spouse will be liable for bigamy. Better to get married outside the Philippines so Philippine courts wouldn't have jurisdiction over the second marriage.It would have the same effect as noted by previous poster, though phils will have a more difficult time finding about both foreign marriages. Quote Link to comment
NihonJin Posted December 14, 2011 Share Posted December 14, 2011 Question po.. Anung grounds of argument ba ang puede kong gamitin regarding conjugal properties just in case, if ever kaya ko nang magfile ng annulment primary ang reason ko is to secure exclusive property ng bahay ko. Actually eversince naman na I purchased the house wala naman nanggaling sa kanya, maliban sa renovation expenses which is one time lang. the house is mortgaged and she never contributed to pay the monthly amortization. Kami ng mother ko ang nagfifinance sa bahay. I read from the articles that I can file an exclusive ownership, and balak koi reimburse sa kanya un binigay nyang pinangrenovate ng bahay nuon. Before nun nagpapadala sya napupunta lang naman sa panggastos sa anak namin. She is the one who went away literally nagabroad sya, and ngaun if ever magbabakasyon sya I doubt if she wishes to stay in our house. Isa pa I have a gf already for 2 yrs now. In the future I want to build a family again also na maititira ko sa bahay ko, hindi un maglilive in kami sa kung saan saan. Lumalabas kasi na co borrower cya nun house ko, its just frustrating for me na hiniwalayan na nga ako tapos sarili kong bahay hindi ko mapatirhan in the future kung gusto ko uli magkapamilya, avoiding the scandal which may erupt dahil kasal nga ako. Quote Link to comment
redax Posted December 14, 2011 Share Posted December 14, 2011 How would the philippines know if their marriage isn't registered? Tip for those affected here - don't post in youtube, facebook, other famous social media. technially, yes. Kasi pag nag-search sila ng CENOMAR for your marriage licence, wala sila makikita record of marriage so single ka and free to marry.Ang sinasabi nung nasa itaas eh kung mahuhuli ka, kahit hindi registered eh considered married ka sa pinas. Siyempre may legal proceedings pa, etc.Kung lalabas ka ng bansa after, ano naman magagawa ng pilipinas? It would have the same effect as noted by previous poster, though phils will have a more difficult time finding about both foreign marriages.The point here is that even though the Philippine justice system finds out about the offense, no Philippine court can take cognizance of the case since the criminal act occurred outside the jurisdiction of Philippine courts. Quote Link to comment
levitrag Posted December 19, 2011 Share Posted December 19, 2011 Filling for annulment Jan. next year in Bacolod city. I need a lawyer who specilazed in Philippoe Matrimonial law. Thank you guys. Quote Link to comment
Hunter_Ice Posted January 3, 2012 Share Posted January 3, 2012 levitrag fast track or regular filing yung gusto mo sa annulment. meron ako kilala na lawyers. Levitrag, meron ako kilala na mga lawyers. pwede kita refer sa kanila. pm me for details. Quote Link to comment
james_bandido Posted January 27, 2012 Share Posted January 27, 2012 which is the best option for me (less expense of course and mas mabilis) a. file legal seperation, file child custody, file annulment b. file annulment (all considered including child custody) wala naman kami conjugal property kaya pass na sa issue na yan ... bonus question : what are the legal grounds for seperation and/or annulment na hindi madadamay ang bata (since 9yrs old pa lang naman, dont want the exposure to have an impact), and the easiest way to have it granted ? which is the best option for me (less expense of course and mas mabilis) a. file legal seperation, file child custody, file annulment b. file annulment (all considered including child custody) wala naman kami conjugal property kaya pass na sa issue na yan ... bonus question : what are the legal grounds for seperation and/or annulment na hindi madadamay ang bata (since 9yrs old pa lang naman, dont want the exposure to have an impact), and the easiest way to have it granted ? Quote Link to comment
MODERATOR bonito99 Posted January 30, 2012 MODERATOR Share Posted January 30, 2012 what is it , ultimately, would you want to happen? be single again? Quote Link to comment
tipotipo Posted February 3, 2012 Share Posted February 3, 2012 heard that annulment in a certain court in Pangasinan costs only PhP30,0000 Quote Link to comment
jazon7099 Posted February 3, 2012 Share Posted February 3, 2012 acceptance lng ng lawyer ung 30k.there are still other incidental expenses. Quote Link to comment
joemigs Posted March 5, 2012 Share Posted March 5, 2012 Hmmm.... Kung legal lang ang pinaguusapan, meaning walang under the table, parang pareho lang. ang basis kasi ng filing fee sa legsep (Art 55) and annulment (Art. 45 ata) is yung value ng properties nyo. kung kinasal kayo after aug 1988, absolute community kayo, lahat ng pagaari nyo before, during ng kasal, yun yung basehan ng filing fee. depende sa gusto din, if legsep, di parin kayo pwede magpakasal sa iba, kung annulment, pwede. pero parang pareho lang ang filing fee. mamahal lang kung... alam nyo na. hehe. which is the best option for me (less expense of course and mas mabilis) a. file legal seperation, file child custody, file annulment b. file annulment (all considered including child custody) wala naman kami conjugal property kaya pass na sa issue na yan ... bonus question : what are the legal grounds for seperation and/or annulment na hindi madadamay ang bata (since 9yrs old pa lang naman, dont want the exposure to have an impact), and the easiest way to have it granted ? which is the best option for me (less expense of course and mas mabilis) a. file legal seperation, file child custody, file annulment b. file annulment (all considered including child custody) wala naman kami conjugal property kaya pass na sa issue na yan ... bonus question : what are the legal grounds for seperation and/or annulment na hindi madadamay ang bata (since 9yrs old pa lang naman, dont want the exposure to have an impact), and the easiest way to have it granted ? Quote Link to comment
Julianda Posted March 6, 2012 Share Posted March 6, 2012 (edited) heard that annulment in a certain court in Pangasinan costs only PhP30,0000 30k is only a sort of attorney's fee or whatever. It does not cover the cost of the entire case. Someone had recommended me a female lawyer who only gives not more than P150k and all is done in a year or two. She's a resident lawyer in Makati City Hall - Legal Dept. Edited March 6, 2012 by Julianda Quote Link to comment
chastiseman Posted March 8, 2012 Share Posted March 8, 2012 30k is only a sort of attorney's fee or whatever. It does not cover the cost of the entire case. Someone had recommended me a female lawyer who only gives not more than P150k and all is done in a year or two. She's a resident lawyer in Makati City Hall - Legal Dept. Just don't expect to rush this kind of things nowadays. The Office of Solicitor General, most of the time, automatically appeal this kind of cases. Quote Link to comment
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