legal Free Legal Advice

[mwah]

I'm really not so sure if this is the appropriate thread but I'm sure some of you might have an idea about this.

 

Anyway... can someone get a Catholic Church annulment in another country? For example, you got married in Manila (so it's under the Archdiocese of Manila) - then can you get the annulment elsewhere in the world, say the Archdiocese of New York in US?

 

Thanks.

[legalavatar]

MTC Lawyers,

 

I have a credit card in which i have never paid and sends me some letters from law firms. My concern is, if i ask for a fiscal clearance from would it appear on the fiscal record?

 

hope to hear from you guys...

 

no it wont. only criminal cases appear there. credit card collection case are merely civil in nature and will not be reflected in a fiscal's certification

[legalavatar]

I'm really not so sure if this is the appropriate thread but I'm sure some of you might have an idea about this.

 

Anyway... can someone get a Catholic Church annulment in another country? For example, you got married in Manila (so it's under the Archdiocese of Manila) - then can you get the annulment elsewhere in the world, say the Archdiocese of New York in US?

 

Thanks.

 

the matter above is already a discussion upon canon law, outside the field of the legal profession, albeit offered as an elective in some law schools in the philippines.

 

nevertheless, filing a church annulment is one thing, getting it done is another. even if you can file it in new york, you will have a tremendously difficult time getting it decreed if all of the evidence is in the Philippines.

 

the family code, escpecially the grounds on annulment therein, is partly based on canon law. hence, presumably, if you are a resident of new york, you can file for annulment in the archdiocese there, with much difficulty of course as you may have a hard time proving it there.

 

if the ground for annulment is medical or psychological, then you may possibly succeed. at any right, good luck.

 

i hope this was of some use to you :-)

[rocco69]

I'm really not so sure if this is the appropriate thread but I'm sure some of you might have an idea about this.

 

Anyway... can someone get a Catholic Church annulment in another country? For example, you got married in Manila (so it's under the Archdiocese of Manila) - then can you get the annulment elsewhere in the world, say the Archdiocese of New York in US?

 

Thanks.

 

A perusal of the websites of the different marriage tribunals of the Roman Catholic Church (Archdiocese of Melbourne, Diocese of Galway, Archdiocese of Seattle) would show that you start the process by going to your local parish office. If you are a parishioner of New York or residing there, I dare say you could start the process there, even if the marriage was celebrated in Manila.

[rocco69]

further to everyone's replies, you can file for legal separation at any time.. let me remind you that legal separation does not sever your marital bond. insofar as the law is concerned, you are still married.

 

you still have to file for annulment and have the judge declare the marriage void or terminated on grounds under the law.

 

this may be a stretch, but if you haven't heard from your wife for seven years now, and you have no idea whether she's still alive or not, you can have her declared presumptively dead for purposes of remarriage.

 

but before you file this in court, you must have conducted a reasonable search as to hr whereabouts, and under a reasonable belief that she is no longer alive...

 

as i said, this is just a stretch, but maybe this is helpful.

 

1. you can file for legal separation at any time.

 

Under Art. 57 of the Family Code "An action for legal separation shall be filed within five years from the time of the occurrence of the cause," hence you have to file it within this period otherwise it will have prescribed. Depende rin naman ito sa ground kasi kung tuloy tuloy naman ang cause, pwede mo itong i-file anytime kasi nga di naman nawawala ang ground.

 

2. if you haven't heard from your wife for seven years now, and you have no idea whether she's still alive or not, you can have her declared presumptively dead for purposes of remarriage.

 

it's actually four years absence, or two years if the absence falls under Art. 391 of the Civil Code. Alalahanin mo lang na when the law says absence, ibig sabihin nawawala yung tao, di mo alam kung nasaan siya, at di mo alam kung siya ay buhay pa o patay na. Kung pwede mo namang malaman kung nasaan siya, di mo lang ginagawa, di ito "absence".

 

As correctly stated by legalavatar, for purposes of remarriage, you have to file a petition in court to have the absent spouse declared presumptively dead (ipinapalagay na patay). Kailangang mapatunayan mo sa korte na may basehan para sabihing patay na nga ang nawawalang asawa mo; at nawawala siya for the past 4 (or 2) years.

[slippeddisk]

Hello MTC legal minds!

 

Any inputs would be welcome.

 

Thanks!

 

Hello butsoy!

 

My query is about what i feel is a medical negligence case.

 

Had an operation done on me (slippeddsik) that did not went well. When i reconsulted him, he said he'll do another surgery on me, free of charge prof. fee na, hosp use nalang ang babayaran ko. Katakot the reaction so i sought for a second opinion.

 

Looked for another surgeon, he re evaluated and did the next surgery that made it good.

 

But, I had a relapse, nabinat ba.

 

And I now have difficluty working, pain is always there.

 

Plus I have records, operating room files and such, that shows irregularities.

 

Fact is , the first operation is palpak.

 

These are the shallow facts pa lang.

 

Do I have a case?

 

And shld the issue be directed to the doctor, the hosp, or the Health management provider?

 

I can PM you for more details if it would help.

 

Hope you'd find time to check this out.

 

Thanks!

[agihap1]

Thanks a lot guys to Legalavatar, rocco69, Bonito99...

 

When I am in abroad way back in 2000 she had an affair with another man... So I decided that we partways and live our life sperately.. I think she is now in abroad also but am not really sure where. I want to file an annulment sana because, its a long time already and I want to be away and free from the shadow of my marriage with her. Which has causes me pain and also my family..

 

Please give me a few steps to follow first..

 

Thanks mga BRO....

[pol22366]

Hello MTC legal minds!

 

Any inputs would be welcome.

 

Thanks!

 

Hello slippeddisk:

 

In your post two doctors have already operated on you for your medical problem. You said that the second doctor seemed to have "corrected" what the first doctor, as you said, have negligently done.

 

So who caused the relapse, is it the first doctor or the second one? That should be determined first before you can sue.

 

You said that you had a relapse. What is your basis in saying so? Did you consult another 3rd doctor?

 

All these have to be supported by records, and also backed by expert testimony from a doctor who will advice the court why you're saying there is negligence. An expert medical witness is hard to find because he has to be accepted as such by the court, and as legalavatar said it would be hard to find a doctor who will testify against his fellow doctor.

 

So if you really want to file the case, you should prepare your records, make sure that there is proof that really a relapse or "binat" is what happened to you, the one you are suing is the real culprit (and negligent), and you have an expert witness who will back you up.

 

Hope I helped.

[pol22366]

With due respect to Amba Bonito99, let me just add:

 

There is no "period" of prescription under the law which you can use as basis whether or not you can annul you marriage. The basis for annulment are those provided in the Family Code.

 

Also in cases of legal separation, the grounds are also those provided in the Family Code.

 

If you really want to know the details of these grounds for annulment/legal separation, just PM one of the names you see here and consult them. You need to be interviewed for the facts and circumstances so that your case may be thoroughly prepared. Based on your posts there are no circumstances that can be used to assess your case.

 

Good luck.

 

 

Thanks a lot guys to Legalavatar, rocco69, Bonito99...

 

 

 

 

 

 

When I am in abroad way back in 2000 she had an affair with another man... So I decided that we partways and live our life sperately.. I think she is now in abroad also but am not really sure where. I want to file an annulment sana because, its a long time already and I want to be away and free from the shadow of my marriage with her. Which has causes me pain and also my family..

 

Please give me a few steps to follow first..

 

Thanks mga BRO....

 

 

Brother agihap1, kahit na hindi ako honorable mention, I suggest that you consult any of those who advised you through PM, so that they can advice you more precisely rather that just here in this thread. That will be more effective.

[mwah]

Sirs legalavatar and rocco69, your replies are much appreciated. Thanks!

Edited July 26, 2008 by mwah

[Arneeious]

Sirs . . .

 

May question po ako. My tita borrowed money (around P500K) from her officemate who has a sideline money-lending business aside from her office work. My tita has made partial payments but the officemate won't issue any type of receipt for the payments. Although it's just a sideline business, is the officemate still required to issue receipts for each payment?

[accountingboy]

i think an acknowledgment receipt should still have been issued ...this is important coz this is to show proof that your tita indeed made partial payments..otherwise the lender could just claim that the loan has not yet been paid

Edited July 26, 2008 by accountingboy

[jojoendejr]

That's right. And eventhough assuming your tita has eyewitnesses that she made partial payments, there will still be the question of how much was really actually paid. The mind is so fickle you know. A mere acknowledgement receipt will do. Handwritten receipt lang bro kahit sa piece of paper. Just make sure the date of payment, amount paid and the signature of the lender appears. Actually mas maganda kung may magsa-sign din na isang witness sa payment.

[accountingboy]

its better to be safe nowadays where scams are flying left and right

[rocco69]

Sirs . . .

 

May question po ako. My tita borrowed money (around P500K) from her officemate who has a sideline money-lending business aside from her office work. My tita has made partial payments but the officemate won't issue any type of receipt for the payments. Although it's just a sideline business, is the officemate still required to issue receipts for each payment?

 

Karapatan ng tita mo na humingi ng resibo, ayon nga kay jojoendjr at accountingboy, kahit acknowledgment receipt man lang, pwede na.

 

Sabi sa Art. 1315 ng Civil Code - Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.

 

Ang pagbigay ng resibo ay isa sa mga kunsekuwensiya ng pagpapautang at pagbabayad sa pagkakautang, at ito ay naaayon sa "good faith, usage and law" kung kaya't may obligasyon ang nagpautang na magbigay ng resibo kung ito ay hinihingi ng nagbabayad ng utang