praktus Posted January 12, 2009 Share Posted January 12, 2009 It appears that the father is uncooperative. If the principal goal is just to migrate to Australia and letter of consent is a requirement, probaly instead of submitting a letter of consent, submit an sworn-statement by your gf saying that the father has effetively abandoned the kids and therefore, letter of consent is in applicable or could not be secured. Sworn-statement must be precisely worded to attain your goals. If such will not suffice, then you may consider going to a lawyer. Ok naman opinion ng law student but ang layo nyan sa opinion ng practicing na lawyer. So better go to one who is licensed to practice law. O good luck. thank you very much for this, actually we just got off fro DSWD, they said that we really dont need anything from the father since the child is illegitimate, everything that is concerned with the kid all falls under the moms responsibility. even the father needs to go through adoption just to acquire the child. but anyway this answer right here is really helpful, hopefully this statement will help spport our cause once we go through my adoption phase, thanks!!!! :thumbsupsmiley: :thumbsupsmiley: :thumbsupsmiley: Quote Link to comment
Mountaineer Posted January 12, 2009 Share Posted January 12, 2009 Tanong lang sa mga Atty natin dito, More than 2 years na kaming hiwalay ng xwife ko and nasa akin ang anak namin the last time ko syang nakita or should i say nagkita kami was march 2007 sa weeding ng bro nya. Ang tanong ko lang ay gusto ko kasing kuhanan ng passport ang anak ko para maisama ko kapag may trip ako abroad ano ba ang mga steps? And ano bang case ang pwede kong ifile sa xwife ko for abandoning her daughter kasi never na nagparamdam hindi ko din alam kung may kinakasama na rin which is out of my jurisdiction na din yun, pwede bang maging ground for annulement or legal separation un? How much magagastos ko dun for filling? Second thing, if bigla nya bang kunin ang daughter ko pwede ko ba syang kasuhan if ayaw sumama ng bata sa kanya? may daughter is 7 y/o na nga pla. TIA Thanks so much for the adviced and do really appreciate it so much Quote Link to comment
nardz0511 Posted January 14, 2009 Share Posted January 14, 2009 ask ko lang sana kung paano proseso at magkano aabutin pagpafile at process ng annulment..maraming salamat po... Quote Link to comment
lifeless Posted January 14, 2009 Share Posted January 14, 2009 scenario: a friend of mine recently just found out that his marriage was not registered. He and his wife are now separated for about 5 years with the kid staying on the mother. Question: do they still need to file for an annulment? Quote Link to comment
GODzilla Posted January 15, 2009 Share Posted January 15, 2009 ask ko lang sana kung paano proseso at magkano aabutin pagpafile at process ng annulment..maraming salamat po... first step is to consult a lawyer who will then file a petition/complaint for annulment or declaration of nullity, as the case may be. As stated in the previous posts, the fees for annulment varies depending on the circumstances of the cases and the grounds to be used. It may range from P50,000 to 250,000. excluding filing fees and appearance fees. Quote Link to comment
GODzilla Posted January 15, 2009 Share Posted January 15, 2009 scenario: a friend of mine recently just found out that his marriage was not registered. He and his wife are now separated for about 5 years with the kid staying on the mother. Question: do they still need to file for an annulment? As a rule, the registration of the fact of marriage is NOT one of the requirements for its validity. In other words, if all the elements are present, (i.e. consent freely given, parties are of legal ages, marriage ceremony performed by a duly authorized person and a valid marriage license), then the marriage is perfectly legal. So the answer to your question is YES; you have to have it annulled first if you intend to marry again. Furthermore, the fact of marriage can still be proved in the absence of a marriage certificate from the birth certificate of the child and other existing documents. Quote Link to comment
Google Posted January 16, 2009 Share Posted January 16, 2009 I was just sexually harassed by a gay guy inside a steam bath room sa gym. I was there alone but I wanted to ask the maintenance man to put some camphor fluid so that the scent would be nice inside. So I went out the steam room and found the M.man. When I went back again to the Steam room someone came after me. I was seated next to the door and he was seated on my same seat just barely 3ft away from me. Not even a minute has elapsed and the gay guy moved closer to me. He did that twice and on the second he did that I moved away and I was already hitting the wall on the side. I thought maybe he wanted to get close just to talk or maybe he's feeling dizzy from the heat. But things got way out of hand when he approached me the 3rd time and we were literally rubbing thighs and shoulders. In my mind "what's up with this guy?" Then all of a sudden he grasped my legs, twice! I shrugged him off twice but the 3rd time he made a quick move and got a quick hold of my crotch. I immediately asserted myself and shoved him away and I said angrily to him that I'll sue him for sexually harassing/assaulting me! He quickly said that he was sorry, again and again but I didn't give in. I asked him that we both get out of the steam bath and I'll accompany him to his locker and get his identification. He said that he didn't have ANY ID on him?! Then, one of the instructors saw us and I asked him to immediately call security, by luck the security suddenly was just besides him. From that moment he was down on his knees praying and asking for my forgiveness. He confessed to the security and all the instructors that were there on the locker room who saw him. I didn't lay a finger on him and I told him I'm going to file a sexual assault case against him. I've been a Filipino citizen my whole life and this is the 1st time I was sexually abused, by a gay guy no less! He both wrote an incident report wherein he confessed about his malicious deed and he also said that to the manager of the gym. I told the manager that we should have security escort us to the nearest police station but of course the gay guy was waiting for his attorney. No matter, since he already confessed personally to all the witnesses almost a dozen of them and also a sworn statement that he was guilty of the crime I simply left with all the documents... a copy of his statement, a copy of the statement of the security guard who was with us during the time, a copy of his SSS ID and also the firm backing of the gym if ever I might need witnesses. I felt really defiled that time, till now, actually. According to a friend of mine that even if he had an attorney there's no way their case will even hold up in court due to his written and verbal confession and the numerous witnesses who saw it. My friend said that "aregluhan nalang ang last option nila" because I was morally defiled. But the question ko po sana is how much should the gay guy pay me in moral damages? Will there be a flat rate? Or will that depend on my decision and what is agreed upon? I was the talk of the town in the gym that time. I felt like there's a logo on my back saying "gay guy got to you first!" I don't know if I can go back to the gym again without being paranoid or overly cautious to ANY guy that I encounter in the lockeroom. :sadsmiley02: What a way to start 2009. P.S. He was banned from the gym and maybe from the rest of the branches as well. mabait ka pa. kung ako yan nasuntok ko na yan eh. hehehehe.sorry OT. Quote Link to comment
Raven Posted January 16, 2009 Share Posted January 16, 2009 What if mag file ng bankrupcy ang company namin, what will happen to our tenure of service in the company and out supposed benifit?Is it legal kahit kumita last year? Quote Link to comment
johnlove Posted January 17, 2009 Share Posted January 17, 2009 (edited) What are the implications for businessmen?Is it time for businessmen to close shop & start to look for work abroad? Edited January 17, 2009 by johnlove Quote Link to comment
aris_m Posted January 18, 2009 Share Posted January 18, 2009 As a rule, the registration of the fact of marriage is NOT one of the requirements for its validity. In other words, if all the elements are present, (i.e. consent freely given, parties are of legal ages, marriage ceremony performed by a duly authorized person and a valid marriage license), then the marriage is perfectly legal. So the answer to your question is YES; you have to have it annulled first if you intend to marry again. Furthermore, the fact of marriage can still be proved in the absence of a marriage certificate from the birth certificate of the child and other existing documents. Sir, What will the court annul if there is no marriage certificate/contract? My two cents....if no marriage contract ...no marriage... nothing to annul...you can easily get from NSO a "Certificate of No Marriage"... But if no marriage license....there is a marriage...but can be nullified... Again...I think lang.... Cheers....hope this helps.. Quote Link to comment
aris_m Posted January 18, 2009 Share Posted January 18, 2009 question po on IPL: should i decide to make a video out of a song ala mtv and make use of various pictures taken from the net, the purpose of the video is for information dissemination or political campaign will i be infringing copyright? will the answer be the same if i acknowledge the singer, writer, composer of the song as well as the internet site where the pictures where taken, in the video? another question po, what if i decided to make a course curriculum (example: a course on basic eating) can i have the same copyrighted? hoping for a response from lawyers here at mtc.... thank you very ,very much!!! god speed..... Sir, Disclaimer...I am not an IPL Laywer....But if I remember correctly, there is a doctrine in IPL called "fair-use". I am not sure the requirements for it to be considered fair-use...but definetely not for "commercial" or money-making purpose...but in the end I would think you would still need the consent of the copyright owner...I think lang naman po... Quote Link to comment
GODzilla Posted January 19, 2009 Share Posted January 19, 2009 Sir, What will the court annul if there is no marriage certificate/contract? My two cents....if no marriage contract ...no marriage... nothing to annul...you can easily get from NSO a "Certificate of No Marriage"... But if no marriage license....there is a marriage...but can be nullified... Again...I think lang.... Cheers....hope this helps.. The marriage itself will be annulled and not the documents proving the marriage. you seem to be confused because you equate marriage with the marriage contract. remember, the fact of marriage can still be proven by other documents such as the birth certificate of their child. In fact, the problem stated that the marriage was not registered with the NSO, it did not state the there was no marriage contract. Furthermore, it is possible that the copy of the contract was not yet transmitted to the NSO, hence, there was no record yet. The fact remains that he knows that he was already married, so if later on he will remarry and then be charged with bigamy, his defense that the NSO has no copy of his first marriage will not hold in court. Next time, please be careful in giving your opinion because their lives and freedom are at stake here. Quote Link to comment
aris_m Posted January 19, 2009 Share Posted January 19, 2009 The marriage itself will be annulled and not the documents proving the marriage. you seem to be confused because you equate marriage with the marriage contract. remember, the fact of marriage can still be proven by other documents such as the birth certificate of their child. In fact, the problem stated that the marriage was not registered with the NSO, it did not state the there was no marriage contract. Furthermore, it is possible that the copy of the contract was not yet transmitted to the NSO, hence, there was no record yet. The fact remains that he knows that he was already married, so if later on he will remarry and then be charged with bigamy, his defense that the NSO has no copy of his first marriage will not hold in court. Next time, please be careful in giving your opinion because their lives and freedom are at stake here. Sir, I apologize. I still believe, however, that a negative certification from the NSO and the Civil Registrar were the purported marriage was celebrated is more than sufficient to establish that no marriage ever occurred. I suggest, however, that before the person file any case for annulment he/she check first with the NSO or the Civil Registrar if their marriage was recorded. Otherwise, as I stated, there is nothing to annul and the petition dismissible. Cheers. Quote Link to comment
MNdMud4s3x Posted January 20, 2009 Share Posted January 20, 2009 Sir, I apologize. I still believe, however, that a negative certification from the NSO and the Civil Registrar were the purported marriage was celebrated is more than sufficient to establish that no marriage ever occurred. I suggest, however, that before the person file any case for annulment he/she check first with the NSO or the Civil Registrar if their marriage was recorded. Otherwise, as I stated, there is nothing to annul and the petition dismissible. Cheers. i would have to agree on Godzilla on this bros. Confusion lies on the "fact of marriage" and "proof of marriage". while there is no other harder proof of the "fact of marriage" than the marriage contract itself, the same can be proved by other evidence such as witnesses, ie. solemnizing officer and the witnesses, the entries in the birth certificate of the child the spouses begot, if any, ect., the fact remains that marriage occurred between the parties. thus, remarriage would, notwithstanding the absence of the marriage contract, necessitate annulment or declaration of nullity, as the case maybe. On the other hand, if no one questions the remarriage of either spouse, well and good. the thing is this is a very risky thing to do, considering the implications. Quote Link to comment
aris_m Posted January 20, 2009 Share Posted January 20, 2009 i would have to agree on Godzilla on this bros. Confusion lies on the "fact of marriage" and "proof of marriage". while there is no other harder proof of the "fact of marriage" than the marriage contract itself, the same can be proved by other evidence such as witnesses, ie. solemnizing officer and the witnesses, the entries in the birth certificate of the child the spouses begot, if any, ect., the fact remains that marriage occurred between the parties. thus, remarriage would, notwithstanding the absence of the marriage contract, necessitate annulment or declaration of nullity, as the case maybe. On the other hand, if no one questions the remarriage of either spouse, well and good. the thing is this is a very risky thing to do, considering the implications. Sirs, Good point! And I agree A few questions...What would be my prayer for the petition for nullity or annullment? Should I still implead the Civil Registrar of the locality where I was married or the NSO? Should I still pray that a decree of annullment or nullity be recorded with the NSO and the Civil Registrar?... Thanks. Quote Link to comment
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