legal Free Legal Advice

[bonito99]

im in need of a lawyer...sino ba pwede? magkano consultation fee?

 

 

 

If you ask any of the lawyers here at the thread, it'll cost you nothing.

[Reese]

mga panyero - here's my dilemma:

 

mali ang middle name ng birth certificate ko

walang birth certificate ang parents ko

 

what's the fastest way to correct this and could you give me a ballpark figure on how much would it cost me?

 

many thanks in advance!

[jopoc]

Esq. Jopoc,

 

With my current enlightenment on viodable marriages, it is to my understanding that you cannot file for annulment if the marriage is to be considered void from the start. Is this correct? Should I file for a motion to declare my marriage void, due to lack of (or the failure to secure) the requisite Marriage License?

 

Psychological incapacity is hard to admit, though, it is not the truth that I want the public to know and accept.

 

thank you ulit... for any assistance.

 

 

 

the only time that there is a specific party/person who can file for annulment are those cases enumerated in art 45 of the FC (voidable marriages like underage, unsound mind, fraud, force and intimidation, physical incapacit, and sexual diseasse).

 

 

and, for void marriages, only the husband and the wife can file for action to annul (rules on declaration of absolute nullity of void marriages)

 

 

void and voidable marriages are different things... an example is the former is imprescriptible while the latter is not

 

yes, you may file a petition to declare your marriage void on the ground that there is no marriage licenses at the time of marriage.

 

==============

 

there is nothing wrong with psychological incapacity. the supreme court, in a decided case, declared that such incapacity is personal to the spouse. meaning, it does not mean that you are now incapacitated to marry another.

Edited February 25, 2007 by jopoc

[rocco69]

many thanks sir!

 

you are a big help!

 

so either one of the couple may file the motion to void the marriage? any indication sir kung magkano ang inaabot? or any legal entanglements that we should expect? :mtc:

 

Yes, any of the parties tot he marriage can file an action to HAVE THE MARRIAGE DECLARED VOID AB INITIO. This should be way cheaper because it's a relatively easy case.

 

To make things easier, you will be needing a certified true copy of your certificate of marriage (kumuha ka na ng NSO certified copy). The certificate of marriage will state the marriage license number and the civil registrar which issued the same. Get a certification coming from the Civil Registrar mentioned to the effect that no such marriage license number was ever issued (or if this was the case, that it was issued to somebody else, not the parties to the marriage in question).

 

That's it, you can now get a lawyer to file the action for declaration of nullity.

[TMX_626]

the only time that there is a specific party/person who can file for annulment are those cases enumerated in art 45 of the FC (voidable marriages like underage, unsound mind, fraud, force and intimidation, physical incapacit, and sexual diseasse).

and, for void marriages, only the husband and the wife can file for action to annul (rules on declaration of absolute nullity of void marriages)

void and voidable marriages are different things... an example is the former is imprescriptible while the latter is not

 

yes, you may file a petition to declare your marriage void on the ground that there is no marriage licenses at the time of marriage.

 

==============

 

there is nothing wrong with psychological incapacity. the supreme court, in a decided case, declared that such incapacity is personal to the spouse. meaning, it does not mean that you are now incapacitated to marry another.

 

many thanks atty. Jopoc! you saved me from countless hours of research... which i dont really have at my disposal.

 

buti na lang nalinawan rin yung regarding psychological incapacity... ang akala ko kasi ganon ang kaso... parang baliw ang kakalabasan ko...

 

so it would be safe to assume na... mas mura may file ng petition to declare the marriage void on the ground that there is no marriage license at the time of marriage kesa annulment of marriage due to psychological incapacity?

Edited April 8, 2007 by TMX_626

[rocco69]

mga panyero - here's my dilemma:

 

mali ang middle name ng birth certificate ko

walang birth certificate ang parents ko

 

what's the fastest way to correct this and could you give me a ballpark figure on how much would it cost me?

 

many thanks in advance!

 

Kung nakalagay sa birth certificate mo ang pangalan at apelyido ng nanay mo; at kung ito (apelyido ng nanay mo) ang tama at dapat na middle name mo, masasabing typographical error ang nangyari. Pwede mo itong mapaayos without going to court, petition sa Civil Registrar lang. Just go to the Civil Registrar where you are registered and ask for the requirements. Mga P1000 lang ang dapat bayaran sa Civil Registrar.

[rocco69]

many thanks atty. Jopoc! you saved me from countless hours of research... which i dont really have at my disposal.

 

buti na lang nalinawan rin yung regarding psychological incapacity... ang akala ko kasi ganon ang kaso... parang baliw ang kakalabasan ko...

 

so it would be safe to assume na... mas mura may file ng petition to declare the marriage void on the ground that there is no marriage licenses at the time of marriate kesa annulment of marriage due to psychological incapacity?

 

Mas mura talaga kasi di mo na kailangang magbayad ng psychiatrist/psychologist. In fact, ang testigo mo dito ay sarili mo lang, at para makasiguro, ipapa-subpoena mo ang Civil Registrar to testify on the certification as to the non-existence of the marriage license. Tapos, submitted na siya for decision, ganun lang. Mura na, mas madali pa.

[TMX_626]

Yes, any of the parties tot he marriage can file an action to HAVE THE MARRIAGE DECLARED VOID AB INITIO. This should be way cheaper because it's a relatively easy case.

 

To make things easier, you will be needing a certified true copy of your certificate of marriage (kumuha ka na ng NSO certified copy). The certificate of marriage will state the marriage license number and the civil registrar which issued the same. Get a certification coming from the Civil Registrar mentioned to the effect that no such marriage license number was ever issued (or if this was the case, that it was issued to somebody else, not the parties to the marriage in question).

 

That's it, you can now get a lawyer to file the action for declaration of nullity.

 

 

Atty. Rocco69!

 

Nagpaapsalamat rin ako sa iyo...

 

Now... the next thing will be finding a lawyer. :mtc:

[jopoc]

many thanks atty. Jopoc! you saved me from countless hours of research... which i dont really have at my disposal.

 

buti na lang nalinawan rin yung regarding psychological incapacity... ang akala ko kasi ganon ang kaso... parang baliw ang kakalabasan ko...

 

so it would be safe to assume na... mas mura may file ng petition to declare the marriage void on the ground that there is no marriage licenses at the time of marriate kesa annulment of marriage due to psychological incapacity?

 

 

no prob...

[Kurtsky Keigee]

Badtrip Firefox 2.0 laging ayaw mag startup..

[Kurtsky Keigee]

Hayz sarap itapon ng PC ko ngayon nag convert lang ako ng file sa virtualdub tapos biglang nag blue screen ulit IRQ_NOT_LESS_OR_EQUAL

[boy_totnak]

nga tol tulong naman. naghahang kc pc k. laging not respondng mga program. kung minsan nagoopen naman pero how many years bago mag open. malaki pa naman free space sa hd k. ito specs ko. 512mb ddr2, celeron d 3.6ghz shared video card. mga tol patulong naman. dapat nb me mag upgrade?

[xXxtianxXx]

better get a video card

i dont suggest using the built-in VC

mababa kasi

 

and reformat ur pc

mag install ka agad ng anti-virus after reformat

[boy_totnak]

bro, ano marecommend mo na magandang antivirus at anti spyware? thanks

[charmed shannen]

Does anybody in this thread know the citation of the disbarment case re: Ericta case.. Paki provide naman pls.. Thanks a lot.

[jopoc]

Does anybody in this thread know the citation of the disbarment case re: Ericta case.. Paki provide naman pls.. Thanks a lot.

 

 

if its a new one. you might wanna search it sa SC website

[rick9plus]

The marriage is legal. I am assuming that the "reverend" is duly authorized by his religious sect to solemnize marriage hence under the Family Code, he would have authority to solemnize marriage (see Art. 7[2] of the Family Code), thus even if he wasn't a judge, the marriage would still be valid.

 

In fact, even assuming that he had no authority to perform marriages, since your friend thought the guy who performed the marriage was authorized to do so, the marriage would still be valid, as provided for by Article 35(2) of the Family Code.

 

Art. 35. The following marriages shall be void from the beginning:

(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;

 

 

Thanks for the info. I really need to help my friend because all her friends were telling her that her marriage is fake due to the reverend thinggy.

 

But after reading further, some threads mentioned about lack of license. She mentioned not seeing/issued any licenses. She also says that their marriage contract shows that her husbands address was not his address and they put San Juan instead and the venue of the ceremony was says in groom's house instead of Manila City Hall. She went to NSO to verify and got a no record so she went to Manila cityhall and the registry told her that her record was sent to NSO and will be available next month.

 

Is this kind of marriage void? Even if it goes to NSO?

 

 

 

 

 

:mtc:

Edited February 27, 2007 by rick9plus

[Dr_PepPeR]

if its a new one. you might wanna search it sa SC website

 

Master if I remember right, this is an old case arising out of the 1982 BAR controversy when then Justice Vicente Ericta was reported to have personally approached the bar chairman to inquire whether his (Ericta's) son passed the bar, raising suspicion he exerted pressure on the chairman.

[charmed shannen]

if its a new one. you might wanna search it sa SC website

 

it's an old case po. If it is, i could have done that sir.. thanks

[fernando_poh]

bro, ano marecommend mo na magandang antivirus at anti spyware? thanks

 

try mo downlud home edition sa www.avast.com, it works for me

[jopoc]

Master if I remember right, this is an old case arising out of the 1982 BAR controversy when then Justice Vicente Ericta was reported to have personally approached the bar chairman to inquire whether his (Ericta's) son passed the bar, raising suspicion he exerted pressure on the chairman.

 

 

it's an old case po. If it is, i could have done that sir.. thanks

 

 

i see, allow me until tom and i will try to get hold of a soft copy of the case.

 

absent ata ako nung diniscuss yun. hehehehe

[charmed shannen]

i see, allow me until tom and i will try to get hold of a soft copy of the case.

 

absent ata ako nung diniscuss yun. hehehehe

 

 

Thank you Master Jopoc.. Nag reresearch din naman ako sa iba. Para di nakakahiya sa iyo :flowers:

[fauxhead]

I don't know if there was a disbarment case that arose out of the 1982 bar scandal. What I remember is that 12 of the 14 sitting SC justices resigned because of that, including the SC chief.

 

I don't know if this would help, but in 1972,an administrative case (not disbarment though) was filed against then Judge Vicente Ericta. Please follow the link.

 

http://www.asianlii.org/ph/cases/PHSC/1972/172.html

 

Thank you Master Jopoc.. Nag reresearch din naman ako sa iba. Para di nakakahiya sa iyo :flowers:

[charmed shannen]

I don't know if there was a disbarment case that arose out of the 1982 bar scandal. What I remember is that 12 of the 14 sitting SC justices resigned because of that, including the SC chief.

 

I don't know if this would help, but in 1972,an administrative case (not disbarment though) was filed against then Judge Vicente Ericta. Please follow the link.

 

http://www.asianlii.org/ph/cases/PHSC/1972/172.html

 

 

Good morning Sir Fauxhead. Thanks for being ever so nice. Dr. Pepper's recollection of the case is what i need.

But i owe you one (or two) for being always helpful. Pdalan kita ng 1 kilo of butung pakwan which you must consume in an hour. Thanks. thanks

[charmed shannen]

Master if I remember right, this is an old case arising out of the 1982 BAR controversy when then Justice Vicente Ericta was reported to have personally approached the bar chairman to inquire whether his (Ericta's) son passed the bar, raising suspicion he exerted pressure on the chairman.

 

 

Sana you can recall the citation din Sir. Thanks for the info. Also sa input mo sa previous post ko. Thanks. thanks