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Atty. James S. Biron
17th July 2010, 09:52 AM
Dear visitors, please post all your questions regarding declaration of nullity of marriage in this section of the forum. Thank you.

Pixel Eyes
20th July 2010, 09:17 AM
What are the effects of the Declaration of Nullity of Marriage?

Meron ako friend, Bumili sila ng house during their marriage….ang principal sa loan ang husband. Sa pagkakaintindi ko, wala na syang habol ngayon sa house kung ibenta no? kasi nasa name ng husband nya yung house kahit conjugal property yun at that time. Is this correct? Anything conjugal wala na since it is a Void marriage?

Atty. James S. Biron
20th July 2010, 10:52 PM
In all cases where the marriage is void (except that of a subsequent void marriage contracted by a spouse of a prior void marriage before the latter is judicially declared void) what will apply is the rule on co-ownership.

Under the said rule, the portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. Thus if the husband can prove that only his money was used to purchase the house, then the house will be considered as his exclusive property. Consequently, the wife cannot claim ownership over the said house once the husband has proven that the house is exclusively his.

On the other hand, if the wife can prove that she shared in the funds used to purchase the house, despite the fact that the house was solely under the name of the husband, then she will get a share from the proceeds of the sale of the house.

Pixel Eyes
20th July 2010, 11:28 PM
Thanks Atty James. I have a follow up question to that query. If that house was on mortgage....and the ex-husband had a problem with the bank, Can the bank go after the spouse?

And going back to my previous query, what are the different effects of Nullity of Marriage and Annulment of Marriage aside from them being void and voidable respectively.

Atty. James S. Biron
21st July 2010, 12:39 AM
You're welcome sir! With regard to your follow up question, the answer depends on whether or not the wife signed as a co-debtor.

Let's go now to your main query, nullity of marriage as well as annulment have several effects. But I will simplify it for better understanding, thus:

EFFECTS OF ANNULMENT


xxx

(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;

(3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law;

(4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and

(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession.

EFFECTS OF DECLARATION OF NULLITY OF MARRIAGE

Void marriage referred to in Art. 40 in relation to Arts. 52 and 53

- same as the effects in annulment

Other void marriages

- the rule on co-ownership will apply

WEDS
29th July 2010, 07:12 PM
Dear visitors, please post all your questions regarding declaration of nullity of marriage in this section of the forum. Thank you.

I just need to clarify the status of my Marriage. I got civilly married at Manila City Hall in year 2000 but it was registered that I was married at an Independent Catholic Church in Noveleta, Cavite. On our MC it is stated that we had a Marriage License (which we never applied for) registered at Imus, Cavite. I now have a document from LCR of Imus, Cavite stating there was never a record of that Marriage License issued to us. Since we were able to acquire a copy of our Marriage Contract from NSO, does it mean it is valid or not? I also found out that the person who solemnized our wedding was not authorized to do so according to NSO Sta. Mesa.

However, we also had a Church Wedding on the same year without presenting any Marriage License since we thought having a MC from NSO will deem it legal and unnecessary. Does the Church Wedding make ours legal or not?

I want to know from a legal standpoint, am I legally married or not. Should I file a Declaration of Nullity or should I just go to court to request for amendment on documents? Please kindly advise. Thank you.

Atty. James S. Biron
29th July 2010, 09:13 PM
When a marriage is solemnized without a license (except those listed under Chapter 2 of the Family Code), the said marriage shall be void from the beginning. In your case, you mentioned that you never applied for a marriage license and in fact you were able to obtain a document from the LCR of Imus stating that there was never a record of a marriage license issued to you, thus your first marriage shall be void.

The same is true with your second marriage. Since you do not have a marriage license when the church wedding was solemnized, your marriage shall be deemed void.

If you intend to re-marry, you should file a declaration of nullity, otherwise that third marriage will also be considered void if you contract this 3rd marriage without a prior judicial declaration of nullity of marriage.

WEDS
5th August 2010, 12:36 AM
Thank you for your reply. If I pursue the case, how long will it actually take in years before I get the Final Decree? Thank you in advance.

Atty. James S. Biron
5th August 2010, 10:39 PM
Welcome! There is no definite time for this. It depends on several factors, some of which you can control and others you can not.

WEDS
6th August 2010, 03:48 AM
Welcome! There is no definite time for this. It depends on several factors, some of which you can control and others you can not.

OK, I wish to clarify when a Lawyer promises it will be done in 15 days to less than a year, it's not reliable? Given the circumstances surrounding my Marriage, I was told I just need a Memorandum and I don't quite buy that. Was that false hope? :(

Atty. James S. Biron
7th August 2010, 09:03 AM
As a courtesy to your lawyer, I prefer not to make a comment as to whether or not he or she is giving you false hopes. I hope you understand.

Atty. James S. Biron
19th August 2010, 09:31 AM
You must first check with the local civil registrar (LCR) that issued the marriage license (ML) the authenticity of the latter. If the LCR declares that the ML is genuine, then you have no problem. But if the LCR declares that the ML is spurious, your marriage will be deemed void for failure to comply with Section 4 of the Family Code. In this case, you may remarry your partner to cure the defect of your earlier void marriage. With regard to the double MC issue, since the first marriage is void, the MC issued to certify the same shall be superseded by the second MC that will be issued if you obtain the second marriage.

langimusm
2nd September 2010, 09:51 PM
Hi Mr. James,

I am planning on filing a declaration for nullity of marriage from my "wife." on the grounds of "absence of marriage license." We got "married" on 2006. We have no marriage license, but we never lived together for 5 years prior to the marriage (as stated in the exemption of marriage license). I forgot if I have signed an affidavit though. Would this be a strong ground for the declaration of nullity of our marriage? What are the chances that the nullity be granted? How much will it cost and what are the requirements? I am still living with her now with our kids, would this jeopardize the case? I hope I can hear from you soon. Please enlighten me on the details, processes and payments. And can you recommend a very good lawyer? I am from Benguet province. Salamat po!

Atty. James S. Biron
3rd September 2010, 03:03 PM
As stated in Art. 4 of the Family Code, absence of a formal requisite of marriage (e.g. valid marriage license) makes a marriage void ab initio. Thus you have a strong ground for the declaration of nullity of marriage. The chance that your petition will be granted depends of course on the how your lawyer handles your case. Similarly, the cost will depend on your lawyer. The fact that you are still living with your family will not jeopardize your case. I don't know of any lawyer from your place, I can't help you in this regard.

langimusm
17th September 2010, 04:27 PM
Thanks for the reply Atty. James. Would it be possible for you to represent me? May I ask for your contact information, I might be able to visit you when I go on a trip to Manila next month. I also want to consult my case personally. Thanks.

Atty. James S. Biron
18th September 2010, 09:48 AM
Languism, please read my personal message. Go to "Notifications" above to read it. Thank you.

Mj142
20th September 2010, 10:26 PM
Hi atty,

I've got the exact case, no license & ceremony but we got a mc filed in pasig but we were from Val. A year after we had a wedding ceremony, still did not applied for a license. My petition is nullity of marriage, my lawyer is confident that we will win the case but we did not. The court denies my petition.
Judge said that I came there with clean hands & was aware of it plus the church wedding is a confirmatory & cleanses the defects of the mc dated Jan 25. Is the decision of the judge really true? Does it make sense to file a mr or an appeal? Pls help.

Thanks

Atty. James S. Biron
21st September 2010, 11:43 AM
Hi Mj142, a void marriage, unlike a voidable marriage, cannot be cured. I would therefore suggest that you file an MR.

Mj142
21st September 2010, 12:33 PM
Thank you for your reply Atty. Biron, however, my lawyer suggest that we file an appeal rather MR. They said that Judge might not change her decision and again denies my petition. I'm just confused sir if my grounds do really have a chance to win this case.
Also, is it true that the church ceremony cured our Jan 25 civil MC if both doesn't have license? Kindly help.

Thanks!
MJ

Atty. James S. Biron
22nd September 2010, 12:56 PM
As stated above, a void marriage cannot be cured. The only way to have a valid marriage after a void marriage is to get married again, this time complying with all the legal requirements. If during the second marriage there was (still) no valid marriage license, then that second marriage is void as well.

Mj142
22nd September 2010, 04:40 PM
Thank you so much sir

iloveam
23rd September 2010, 10:37 PM
Hi Sir,
Can you pls enlighten me of this quote stated below from Dayot vs Tecson case. Why is it they are not criminally liable to their falsification of the affidavit of cohabit that they both executed?

" In its second assignment of error, the Republic puts forth the argument that based on equity, Jose should be denied relief because he perpetrated the fabrication, and cannot thereby profit from his wrongdoing. This is a misplaced invocation. It must be stated that equity finds no room for application where there is a law.[54] There is a law on the ratification of marital cohabitation, which is set in precise terms under Article 76 of the Civil Code. Nonetheless, the authorities are consistent that the declaration of nullity of the parties' marriage is without prejudice to their criminal liability.[55]"

Thanks & More power!

Tweet
24th September 2010, 12:37 PM
Atty. :

My husband and I got a civil wedding last August of 2009 then we had our church wedding last June 2010. I was 25 years old and my husband was 31 years old the time that we had our civil wedding to a Municipal Circuit Trial Judge as the solemnizing officer. We submitted our birth certificates, Cedula and we had 2 witnesses. I am confused if our civil wedding is valid because we did not attend a seminar before the civil wedding and we did not submit any Cenomar. We also signed a document stating that we already living together for 5 years, while the 2 witnesses signed a document stating that my husband and I are living together for more than 5.5 years which is not true. The MC was processed and issued by NSO after 6 months, this is also the MC that we used for our church wedding.

Do you think our marriage is Void or Valid?

Atty. James S. Biron
27th September 2010, 08:35 PM
@Mj142, you're welcome!

@iloveam, it is not true that they will not be held liable for their falsification. In fact if you read the last sentence of the paragraph you quoted, it says: "Nonetheless, the authorities are consistent that the declaration of nullity of the parties' marriage is without prejudice to their criminal liability." Thus, a case for falsification may be filed against the couple.

You are probable wondering why the Supreme Court did not declare that they are criminally liable, instead, the SC merely said "without prejudice to their criminal liability," this is because the issue involved in the instant case is the validity of their marriage and not the criminal liability of the couple. A separate case must be filed and heard in order for the parties to be held liable for falsification.

@Tweet, please follow the earlier thread here http://www.jamesbiron.com/forum/showthread.php?33-Is-it-a-VOID-Marriage&p=167#post167

erin1211
12th October 2010, 04:59 PM
atty. ask ko lang po kung how much ang magagastos sa nullity of marriage: 17 years old po ako and 16 years old sya nung kinasal kami at 11 years na kming hiwalay. void daw po yun kasi were minor age. can we remarry without filing anything in court.. thanks

Atty. James S. Biron
13th October 2010, 08:32 PM
The cost will depend on the lawyer you will hire.

No, you can not remarry without having your earlier marriage declared void.

jaris
29th October 2010, 12:03 PM
Hi atty. here is my question regarding my case:

1. vice mayor po ang nag kasal samin sa morong rizal, and ayon po sa mga nabasa ko hindi po allowed mag kasal ang isang vice mayor. malakas po ba na reason to para ma void ang kasal namin ng dati kong asawa? pareho pa kami noong naka pisan sa mga magulang kaya pinilit kaming ipakasal, dahil nabuntis ko sya. 20 sya noon at 21 naman ako, nasa tamang edad na kami. pero malakas po ba na reason para, ma void ang kasal namin.


2. about sa property. ako po lahat ang nag labas ng pera at gumastos para sa pag papatayo ng bahay at bumili ng karagdagang lupa na nasa pangalan ko. ni isang kusing po wala syang naishare na amount. may karapatan parin po ba syang habulin ito?

3. ung kinatatayuan ng bahay namin ay pamana sakin ng aking mga magulang. pero wala pa sa pangalan ko ang titulo. may karapatan ba sya dito, kung isasalin na sa pangalan ko ang titulo kahit hindi na kami nag sasama? kung isasalin ko sa pangalan ng anak ko sa kanya. mas mag kakaroon ba sya ng karapatan dito para isanla o ebenta dahil apat na taong gulang palamang ang anak ko ngayon?

4. nag request po ako ng cenomar? single po ang lumabas. pwede po ba akong mag pakasal ulet at hindi po ba magiging illigetimate ang bata?


atty. ngayon palang nag papasalamat na po ako. god bless!!

RONNIE
1st November 2010, 11:43 AM
Gud day attorney james!
.
I've been separated for 3yrs now. Honestly, I forced to get married because of threat and she claim that she is pregnant but she is not. But she got pregnant months later. Lately, I found out that our marriage license application is falsificated. My signature from marriage license application is different from our MC. She insisted that I signed it weeks before our wedding but I remember it clearly that I only signed the MC on our wedding. Is our marriage license valid coz we have it only on our wedding day? We havent attended any seminar (which is it is important). They also indicated there that my address is from Pasay but Im a resident of Taguig. Attorney, is the marriage license valid if only one person applied for it? I only went for the wedding and they only ask me my birth certificate. We have the marriage license from pasay and NSO copy of MC. I am planning to file a petition for the declaration of nullity of marriage. Attorney, may I know my chances of winning the case?

Thank you very much for your time attorney...God bless and more power!

RONNIE
1st November 2010, 11:47 AM
Attorney, do we still have to attend hearings for this case? If ever I will not file any criminal case against her do the court has the right to do so? thanks again...

Atty. James S. Biron
5th November 2010, 07:16 PM
Jaris,

1. Yes, it is a strong ground to declare your marriage void. According to the Family Code, absence of authority of the solemnizing officer shall render the marriage void ab initio (Sec. 4 in relation to Section 3 of the Family Code). In your case, the marriage was solemnized by a Vice Mayor, a person not authorized to solemnize a marriage. Thus, your marriage is void ab initio.

2. Considering that your marriage is void, there are two possibilities. In case your wife helped in the care and maintenance of the family and of the household, even if she did not provide monetary contributions in the acquisition of those properties, she will have a right to an equal share of those properties.

However, if your wife did not help in the care and maintenance of the family and of the household, then she will not have a right to go after those properties.

3. Again, considering that your marriage is void, your wife shall have no right over this property which you acquired or received exclusively. This shall remain true even if you transfer this property to your child.

4. Despite what appeared in your cenomar, you should still file a petition for the declaration of nullity of your marriage for the purpose of remarriage, otherwise, your second marriage will also be considered void.

Atty. James S. Biron
5th November 2010, 07:29 PM
Ronnie,

All of these irregularities you mentioned are merely directory in character such that their non-observance will not make your marriage void or even annullable.

prettygirl
10th November 2010, 08:54 AM
I would like to file for petition for nullity of marriage. What are the documents I need to have? My so called husband had a previous marriage who is now based in the US. How much will it cost me and will my children be part of the process? Thanks

Atty. James S. Biron
10th November 2010, 11:02 PM
@ prettygirl, pls see my response here: http://www.jamesbiron.com/forum/showthread.php?41-petition-for-nullity-of-marriage&p=228#post228

vhincepanther
19th November 2010, 08:40 AM
Hello po,

Gusto ko lang po sana magtanong about annullment of marriage..Gusto ko kasi malaman if may valid grounds ako for annullment para makapagfile..Kasi po kinasal ako last Dec. 2009, then after 3 months di na po kami magkasundo even in sex aspect,di ko na rin magawang gampanan ang obligasyon ko sa kanya kaya wala po kami naging anak..Lagi po kasi kami nag-aaway, ang pinag-uumpisahan po lagi is 'yung pagiging role as a husband and wife..Siya as a wife,di nya gustong pagsilbihan ako kasi daw parang ginagawa ko lang siya katulong e sa kanila daw parang prinsesa siya.Hanggang sa umabot kami ng 9 months with that condition.And one day bigla dumating mga magulang nya at susunduin na daw nila anak nila.Mga ilang araw,hinakot din nila yung mga gamit na binili namin nung kinasal kami.wala itinira even yung mga gifts namin.Sa akin naman po,okey lang yun tutal parang nawala na rin yung pagmamahal ko sa kanya with that kind of relationship.Nga po pala, baka maitanong nyo bakit ganun kabilis naman nawala yung love..Kasi po yung kasal namin e parang kasubuan lang, nung mag-gf pa lang kami e ipinmalita nya yata dun sa buong brangay nila na magpapaksal na daw kami kaya everytime na pupunta ako sa kanila nagtatanong yung parents nya at mga kamag-anak kelan daw yung kasal.Even yung mga parents ko sa province,pinangunahan niya pa ako magsabi kaya di na ako nakatanggi dahil parang kahiyaan na din po.
Tapos ngayon nga na nasa kanila na ulit siya,pinupwersa nila ako na ipawalang bisa ko daw yung kasal namin dahil di niya raw ako tatantanan hanggat di kami naa-annull.Ayaw nya na daw kasi dalhin yung apelyido ko..kaya kahit medyo kapos sa pera pipilitin ko sana mag-file ng annullment..Ang tanong is Valid ground kaya ito for phsychological incapacity knowing we cannot perform both our marital obligations being husband and wife.? Sana matulungan po ninyo ako..Maraming salamat po..

Atty. James S. Biron
21st November 2010, 09:44 AM
Vince,

First of all, let me tell you that annulment of marriage and declaration of nullity are two different legal concepts. If you invoke Art. 36 of the Family Code on psychological incapacity, you are asking that the marriage be declared null (not annulled) from the beginning.

Unlike other grounds for the declaration of nullity of marriage, where the parameters for determining the validity of marriage is clear cut (such as minority or absence of valid marriage license) in declaration of nullity based on psychological incapacity, there is no definite meaning of psychological incapacity, consequently the courts will decide on this on a case-to-case basis.

Based on the facts you have given to me, it is clear that your wife senselessly refused to serve you as husband (this does not however authorize you to treat her as a domestic helper, the kind of service contemplated here is one that is normally provided by spouses to each other). This kind of refusal to perform an essential marital obligation can be invoked in your petition for nullity based on psychological incapacity.

nagmamasid_lang
25th November 2010, 04:10 PM
nagpakasal ho ako nung 2006, naghiwalay ho kami ng asawa ko kasi nalaman kong meron na syang unang pinakasalan at nacheck ko na rin sa NSO at meron nga. gusto ko sanang magfile ng declaration of nullity. gusto akong i-petition ng parents ko na asa america at ang gusto nilang mangyari ay kung maaari ko daw bang mabago ang mga surname ng mga bata na ang gagamitin ay ang surname ko(maiden) para daw mas madali at walang conflict sa mga apelyido nila. meron po akong isang anak sa ex-bf ko bago ako nag-asawa at ang gamit na surname ay ang sa akin at nagkarun naman kami ng dalawang anak nitong napangasawa ko at ang gamit nitong dalawang bata ay ang apelyido ng tatay nila.

eto ho ang mga katanungan ko:
1. ano na ang magiging status ko kapag naayos ko na ito?(declaration of nullity)
2. pwede ko ho bang baguhin ang mga surnames ng dalawang bata at isunod sa akin ng di ko na kailangan na ikonsulta pa sa tatay nila since di naman kami legal na mag-asawa? pwede bang mahiling sa korte na mabago ang surnames at gamitin ang apelyido ko?
3. ano ang magiging status ng mga bata? legitimate or illegitimate?
4. paano mapapalitan ang status ko sa NSO para maging single at di na married?

salamat po

Atty. James S. Biron
25th November 2010, 11:17 PM
1. If what you meant by "kapag naayos ko na ito" was that your petition was granted by the court, then your status will be single.
2. Yes, you can file a petition for the change of surname of your children. (Art. 176 of the Family Code)
3. Illegitimate (Art. 165 of the Family Code)
4. You have to go to court first and file the petition for declaration of nullity.

nagmamasid_lang
1st December 2010, 02:51 PM
attorney maraming salamat po!

Atty. James S. Biron
4th December 2010, 08:22 PM
welcome sir!

mary santos
13th December 2010, 08:17 PM
Good Day Atty. Biron,
I have a legal marriage po Sir, itatanong ko lang po sana kung pwede ba akong mag file ng nullity of marriage.. we obtained our marriage though we were not physically there... ang nangyare po kase dinaya namin yung date, kunyare late registration kase may kakilala po yung frend nia sa loob.... paano ko po kaya mapapatunayan yun? wala rin po kaming marriage license... pero when i checked sa NSO, meron po talaga kaming MC at nakalagay po na late registration nga yun.. basta dumating na lng sa amin yung papel namin, basta binayaran lang namin yung frend nia po...
Sana po you can enlighten me..... thank you Sir

Atty. James S. Biron
14th December 2010, 11:56 AM
Good day too Ms. Santos,

Yes, you may file a petition for nullity of marriage due to absence of a formal requisite of marriage (i.e. non appearance of parties). However, if you pursue this case you should prepare for possible criminal charges to be filed against you for falsifying public documents.

RONNIE
26th December 2010, 10:08 AM
Maraming salamat attorney...please advise me what to do. Is falsification of our marriage license application is not the ground for the declaration of nullity of marriage? Thanks again attorney...merry christmas! God bless...

Atty. James S. Biron
27th December 2010, 08:31 AM
Ronnie, as indicated in my earlier reply, that irregularity is merely directory in character that will not affect the validity of your marriage. A marriage under a license is not invalidated by the fact that the license was wrongfully obtained (I Tolentino on the Civil Code. 1960 ed., pp, 215-216, citing Melchor vs. Melchor, 102 Neb. 790, 169 NW 720, see also Eduardo Eigenman vs. Marydeen Guerra and Froilan Guerra, 61 O.G. (31) 4722)

Merry Christmas too!

sukiyaki
10th January 2011, 10:32 PM
hello po, kinasal po kme sa civil late 2010... may matinding di pagkakaunawaan kaming mag-asawa kya gusto na nya makipaghiwalay. sa galit ko that time, pumayag na din akong makipaghiwalay sa condition na susuportahan nya ang anak namin. Pero, sa totoo lang po nawala na din ang galit ko at ayoko na ituloy pa yun. Nakuha ko na po ang ctc ng marriage certificate namin at ang sabi after 6 months pa daw marerelease ang sa nso. Ang tanong ko po ay:

1. May chance po ba ang mister ko na ipa void or ipa annul ang kasal namin? Hindi po kme umattend ng seminar, at walang marriage license pero may pinirmahn po kameng affidavit of live in kame ng 6 yrs at may anak na din po kame.

2. kahit po ba wala akong pirmahang papel sa void or annul eh makakakuha po ba kaming mag-ina ng finnancial support sa asawa ko? o, yung naka ko lang ang pwede?

3. yung anak po namin, ay gamit ang apilyido ng tatay nya sa birth certficate. kailang ko po bang mag apply pa ng legitimation?

4. may bahay po akong kinuha na hinuhulugan pa sa pag-ibig habang nagsasama kame at nakapangalang sa akin maiden name. kung sakaling magkahiwalay po ba kme eh may equal rights din sya sa bhay? kung meron man, obligado po ba sya mag share sa paghulog nito?

sana po ay matulungan nyo po ako. maraming salamat po.

Atty. James S. Biron
12th January 2011, 03:27 PM
1. Maari pong ipa void ng mister mo ang inyong kasal, kung hindi totoo na nag live in kayo ng 5 or 6 na taon. Exempted po kasi ang mga nag live in ng 5 taon o mahigit pa sa requirement ng valid marriage license.

2. Pareho po dapat kayong makaka tangap ng support. Ngunit kung nag tanggi ang iyong asawang mag bigay nito ay kailangan nyo pong dumulog sa korte para i-compel ang iyong asawa na mag bigay ng support sa inyo.

3. pinanganak po ba itong anak ninyo bago kayo ikasal?

4. meron po ba kayong ginawang kasunduan ng mister mo tungkol sa mga ari-arian bago kayo ikasal?

sukiyaki
13th January 2011, 11:46 AM
marami pong salamat sa reply nyo. totoo pong naglilive in po kame mag asawa at hanggang sa kasalukuyan eh magkasama po kme abroad. yung anak po namin eh ipinanganak bago kame ikasal. kailangan pa po bang ipalegitimate ko sya? kahit gamit nya apelyido ng ama. wala din po kameng kasunduan regarding sa mga ariarian bago kame ikasal.

drey9_ph
21st January 2011, 01:00 PM
good day!
i was married in June 14, 2004 at Quezon City… recently i was reading the family code and while i was going thru it i saw that one of the requirements in getting married is to have a marriage license and the requirements needed in applying for one. i never filed for a marriage license but in my marriage certificate a marriage license number appears in it and it states there that the license was released on the same day we were married. All i remember was when i was brought to Quezon City hall on the said date i was asked to fill up a blank form and then we were led to another building outside QC hall and a solemnizing officer officiated our civil wedding. is my marriage considered void? since we did not follow the normal procedure in getting a marriage license (none of those requirements for marriage license were submitted). i hope u can advice and help me with this matter… thanks.

Atty. James S. Biron
22nd January 2011, 09:24 PM
Sukiyaki,

1. if indeed you cohabited for at least 5 years before your marriage, then your marriage cannot be declared void on that ground.

2. (already answered, see above)

3. you can have him legitimated but subject to the condition that there was no impediment that exist between you and your husband from marrying each other at the time of the conception of your child.

4. yes, you have equal rights to the property and you can seek for his share.

Atty. James S. Biron
22nd January 2011, 09:29 PM
Drey,

Can you recall what that blank form was?

drey9_ph
23rd January 2011, 09:38 PM
good evening sir, it was a blank form of a marriage certificate (that what i remember upto this day)...i was asked to fill it up on the day i was married... possible po ba na marelease ang marriage license on the day it was applied for and at the same time on the day ng kasal? un po ang nakalagay sa MC ko po. honestly po, i was not fully aware about marriage licenses.sana po mapagpayuhan nyo ako sa dapat ko po na gawin. thank u po.

drey9_ph
24th January 2011, 12:19 PM
good day attorney? possible po ba na mg apply ng marriage license on the same day ng kasal kahit po wala mga requirements na sinubmit para sa pg aaply ng marriage license? may ngsabi po sken na nangyayari po iyon lalo na sa mga madalian ngpapakasal at kung nsa edad naman daw po un mgpapakasal. would the marriage be considered legal po ba? thanks u po

Atty. James S. Biron
27th January 2011, 08:35 PM
Drey,

The marriage license can't be issued on the same day you applied for it. There is a requirement in the Family Code (see Art. 17) that the license will be issued only after 10 days from the day of first publication. But, the issuance of the marriage license within the prohibited period shall only subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage

However, since you said that you lived together or cohabited for more than 5 years then you will be exempted from the requirement of valid marriage license. Thus, your marriage will be valid.

drey9_ph
28th January 2011, 10:07 AM
Drey,

The marriage license can't be issued on the same day you applied for it. There is a requirement in the Family Code (see Art. 17) that the license will be issued only after 10 days from the day of first publication. But, the issuance of the marriage license within the prohibited period shall only subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage

However, since you said that you lived together or cohabited for more than 5 years then you will be exempted from the requirement of valid marriage license. Thus, your marriage will be valid.


good day atty biron...

sir we never lived together po prior to the marriage (and still did not live together after that becoz he had to work someplace else).i was already pregnant and about to give birth when i told my parents of my condition, when my father confronted him, my father simply said "gawan ninyo ng paraan yan". the next day po sinundo ako sa bahay at sinama sa QC hall, may pina fill up po sa akin na blank form (not sure if its a blank form for a marriage certificate or marriage license at ako lang po ng fill up ng form un po husband ko hindi po sya ng fill up), then after that we went to another building outside QC hall and we were wed there by Reverend/Lawyer. When i looked at my MC now it states there that the marriage license was issued on June 14, 2004 which happens to be the same day of my marriage.

ng punta na po ako sa local civil registry ng QC to check if they indeed issued a marriage license under my name and his name. sinabihan po ako ng clerk doon na matagal na pala po ako kinasal bakit ngaun lang daw po ako ngtanong nga tungkol doon, sinabi ko po na may nabasa ako about sa family code particularly about marriage license kaya ako ngpunta sa kanila. the clerk there told me na since naka reflect daw po sa MC ko un marriage license number it means daw po may inissue sa amin. di na daw po question whether tama ba inissue sya sa pareho araw ng kasal.

i asked the clerk ok lang po ba un kahit di sinunod un tama process ng pg apply for marriage license, he answered me na talagang nangyayari ang mga ganyan bagay na minsan namamadali ang pg proproseso ng lisensya ng kasal. na minsan di na hinihingi un mga requirements.

anu po dapat ko gawin?

Attorney, tama po ba un mga sagot sa akin ng clerk? right now im at lost. and i really need advice from you. if my marriage is void then i would want to do the necessary actions para ma prove na void po talaga un kasal ko at the start pa. maraming salamat po.

danilo
5th February 2011, 11:48 AM
good day atty,

ako po ay magtatanong sa inyo tungkol sa situation ko, nagkaroon po ako ng girlfriend sa japan, divorce daw po sya sa japanese partner nya, so umuwi po sya para magpakasal kami, 2 weeks lang po ang naging bakasyon nya noon, ikinasal po kami sa mayor ng isang bayan, naikasal po kami kahit wala po syang pinasang cenomar sa mayors offfice, after a year po eh nagkaproblema kami kasi di pa po pala sya divorce sa hapon, hanggat nagkawalaan na kami, ngayon po ay meron na akong kinakasama at gusto na namin magpakasal sa australia, problema ko po ay paano ko maibabalik ang status ko sa NSO na single ulit ako, di po ba void ang kasal namin? ano po ba kailangan kong gamin? salamat po at sana masagot nyo ang tanong ko.... mabuhay po kayo

sophia_p
8th February 2011, 12:46 PM
Good day po attorney. Gusto ko lang po humingi ng advice regarding my case. Kinasal po kami ng ex-husband ko sa Manila City Hall last MAy 20, 2009. Kumpleto naman po sa requirements including the application for marriage license na pinapirmahan sa akin ilang weeks po before the said wedding and the marriage license na na-release and dated May 15, 2009. Nung may 20, 2009 po pumunta po kami sa Manila City Hall para ikasal. After the said wedding po, never kami nagsama ng asawa ko, buntis na po ako ng time na ito and sa bahay ko po ako umuuwi. Nakipaghiwalay po sakin ang asawa ko after a month, nalaman ko rin po na meron pala siyang gf even before pa kami ikasal, ang reason nya para hiwalayan ako ay hindi raw nya ko mahal at pinakasalan lang para magkaroon lang ng papel tapos hiwalay na kami. After ilang weeks po nanganak po ako at di na kami nagkita eversince. Inabandona rin po niya ako at walang suntento kahit piso. Para po sa registration ng birth cert ng baby ko tinry ko po kumuha ng marrage certificate sa Manila City Hall pero wala daw pong record ng kasal doon. 3 months na po nakakalipas ang kasal pero wala pong record sa MAnila City Hall. Sila po ang nag-asikaso ng kasal, it was solemnized by a reverend (na kakilala nila)sa loob po ng isang maliiit na kwarto sa mAnila City Hall.
Ngayon po, may nakuha po akong papel sa NSo stating that I was married May 20, 2009 pero hindi sa Manila City Hall kundi sa Catholic Evangelical Church sa San Juan. Iniinsist po ng asawa ko na kasal daw kami at gusto niya magkaroon ng rights since apelyido ko ang dala ng bata. Valid po ba ang kasal namin? Ano po ba ang pwede kong gawin para mapatunayan na niloko nila ako regarding the registration ng kasal namin.. Maraming Salamt po sa inyong oras at sana po mabigyan ninyo ng time na mabasa at masagot ang tanong ko.. God bless

danilo
9th February 2011, 09:58 AM
hello sir,
gusto ko lang pong malaman kung paano ang gagawin ko para mabalik ulit ang single status ko, nagkaroon po ako ng GF sa japan 3 years ago, umuwi po sya ng pinas para magpakasal kami, sabi po nya sa akin na divorced na sya sa hapon na asawa nya, 2 weeks lang po binigay na bakasyon sa kanya kaya bilisan po ang kasal namin, kilala po namin ang nagkasal na mayor sa amin kaya naikasal kami kahit wala syang requirements(cenomar), after nalaman ko na di pa pala sya divorce kasi ayaw daw permahan ng asawa nyang hapon, hanggat di na po kami magkasundo, ngayon po gusto kong maibalik ang status ko sa single, baka po dumating ang panahon na magpakasal ako sa iba, void po ba ang kasal namin? ano po ang gagawin ko para mapawalang bisa sa NSO ang married status ko? salamat po atty.

Atty. James S. Biron
11th February 2011, 03:18 PM
Drey,

Issuance of the marriage license within the prohibited period shall only subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.

I noticed that you said that you were married by a reverend/lawyer, please take note that a lawyer with no other qualifications such as being the Judge or Mayor, has no authority to officiate a marriage. Meanwhile, if this person is a reverend, you or your husband must belong to the same sect as this reverend, otherwise, the marriage will be void for absence of authority of the solemnizing officer.

The claim of the NSO clerk is not correct. I suppose he/she is not a lawyer because he/she does not know what he/she is talking about.

Atty. James S. Biron
11th February 2011, 03:28 PM
Sophia,

May I know if you or your husband belongs to the same sect as this reverend who officiated your wedding?

Atty. James S. Biron
11th February 2011, 03:30 PM
Danilo,

You need to file a petition for the declaration of nullity of your marriage if you want to be single again.

drey9_ph
11th February 2011, 10:48 PM
i looked into the background of the lawyer who solemnize my wedding...he runs a marriage consultancy office and is an expert in legal services pertaining to annulment and immigration and his office also facilitate wedding ceremonies for couple marrying in the Phil. other than that po wala title judge... only solemnizing officer...

what do i need to do po if my marriage is considered valid? file for declaration of its nullity?

sophia_p
12th February 2011, 02:46 PM
Sophia,

May I know if you or your husband belongs to the same sect as this reverend who officiated your wedding?

Hindi po attorney. My husband is Seventh-day Adventist, ako po ay catholic pero never pa po ako nakarating ng Catholic Evangelical church in San Juan. Thank you po

drey9_ph
14th February 2011, 09:12 PM
good day atty biron. mali po un pgkatanong ko po...is my marriage considered invalid based on what i have told u? if so, is filling for declaration of nullity the next step? thank u po.

rcjohnarchangel
15th February 2011, 02:04 AM
Good morning Atty. James,

Tanong ko lang po kung pwedeng ifile ang Declaration of Nulllity of Marriage?

Kinasal kame sa manila City hall last 1999 by a Reverend of Gospel Aid with the hidden room, I'm a 18 years old that time and my behalf is 28 years old without marriage license pero kasama ko ang mother ko sa kasal and na acknowledge ang MC nmin sa Caloocan City and a M. License in Imus Cavite..Naghiwalay kase last 2006 dahil sa sobrang pagseselos na wala na sa lugar at naiiskandalo na ako...
I check sa Imus at nakakuha ako ng Certificate na wala kameng record ng ML doon pero sa NSO ay nakarecord ang kasal namin sa Caloocan City..

Entitle po ba akong mag file ng Declaration of Nullity of Marriage para madeclare na Void ang kasal namin from the biggining...

Thanks po....

danilo
15th February 2011, 02:52 PM
sir paano po at saan po nag file ng petition for the declaration of nullity of your marriage? thanks a lot sir... big help po ito

rcjohnarchangel
15th February 2011, 11:40 PM
Wala pa po akong file ng Declaration of Nullity....Nagplaplano palang po ako kasi nagresearch po ako regarding Family Code na ang walang Marriage License ay Void ang kasal from the beggining at ang nagkasal sa amin ay maituturing na isang fixer..Revend po sya ng Gospel Aid pero ako ay Roman Catholic at ang behalf ko ay Aglipay...hindi kame kasapi sa nasabing relihiyon..knasal kame noong 1999 at naghiwalay kame noong 2006...We have 2 child pero itinago nya ito sa akin...

An po ang magandang gawin para mapawalang bisa ang kasal namin at ipavoid sa NSO ang Marriage namin?

Thanks po....

sophia_p
16th February 2011, 05:44 PM
[QUOTE=rcjohnarchangel;490]Wala pa po akong file ng Declaration of Nullity....Nagplaplano palang po ako kasi nagresearch po ako regarding Family Code na ang walang Marriage License ay Void ang kasal from the beggining at ang nagkasal sa amin ay maituturing na isang fixer..Revend po sya ng Gospel Aid pero ako ay Roman Catholic at ang behalf ko ay Aglipay...hindi kame kasapi sa nasabing relihiyon..knasal kame noong 1999 at naghiwalay kame noong 2006...We have 2 child pero itinago nya ito sa akin...

hello sir, ang sabi nyo po kinaal kayo ng reverend ng gospel aid, gusto ko po itanong kung doon po ba talaga kayo ikinasal sa gospel aid? halos parehas po kasi tayo ng case ang sa akin lang po hindi ako kinasal sa church pero yun ang nakalagay na place of marriage sa marriage contract ko. sa ibang place din nakarehistro.. yung marriage contract nyo po ba naregister sa lugar din na pinagkasalan sa inyo? i think fixer din ang nagkasal samin pero sabi reverend daw sya.. gusto ko rin magfile ng declaration of nullity. pasensya na kayo sa tanong ko, sana masagot niyo po

Atty. James S. Biron
17th February 2011, 09:11 AM
Drey,

if that is the case then your marriage is void, this is because a lawyer (who is not a Judge or Mayor) cannot solemnize a marriage.

if your marriage is valid, then you need not do anything.

but if your marriage is void, you may file a petition for the declaration of its nullity.

Atty. James S. Biron
17th February 2011, 09:16 AM
Sophia,

In that case, your marriage will be considered void under the law. This is because absence of authority of the solemnizing officer will make a marriage void (Art. 4 in relation to Art. 3 of the Family Code)

Atty. James S. Biron
17th February 2011, 09:23 AM
Rcjohnarchangel,

Since there was no marriage license, your marriage will de considered void [Art.4 in relation to Art.3(2) of the Family Code]. However, there are exceptions to this rule, in marriage in articulo mortis (at the point of death) as enumerated in Chapter 2, Title I of the Family Code, a marriage will be valid even in the absence of a valid marriage license.

Now, since you said that you are a Catholic and your wife is an Aglipayan, but the one who officiated your marriage is from Gospel Aid, then your marriage will also be considered void for the reason of absence of authority of the solemnizing officer [Art.4 in relation to Art.3(1) of the Family Code].

drey9_ph
17th February 2011, 09:54 AM
Drey,

if that is the case then your marriage is void, this is because a lawyer (who is not a Judge or Mayor) cannot solemnize a marriage.

if your marriage is valid, then you need not do anything.

but if your marriage is void, you may file a petition for the declaration of its nullity.

thank u so much po atty.

sophia_p
17th February 2011, 12:38 PM
thank you po attorney. may follow up question lang po ako, pasensya na po kayo. Kasi po ung husband ko nagfile po ng adultery case against me kasi meron na po akong bf ngayon (siya naman po ay may gf na din), since void po ang marriage namin pwede po ba ako magfile ng criminal case na falsification of public documents against them? kasi po pinresent nila sa fiscal ung said marriage contract kaya lang po ang problema un pong place of marriage sa MC na pinresent nila ay church na hindi nag-eexist (there's no such church) parang gawa-gawa lang.. pwede po akong magfile ng falsification? medyo off topic po ito pero sana masagot niyo po.. thank you po and pasensya ns po

rapunzel
17th February 2011, 10:49 PM
hi. this is my problem naman po. me & my husband got married on 2004 in civil rights, but we never had a copy of the mc (we don't have the license po kasi) but kinasal kami ng mayor that time, sabi po ng registrar na naghelp sila na daw po ang bahala. but because i was young then, hindi ko na po naalalang icheck yung records namin. we only found out na we dont have any existing records before i left the philippines, that was june 2008. sinabihan nila kami to get married again kaso hindi na po kakayanin ng oras ko kasi paalis na po ako. now, the problem is, my husband got married again without my knowledge, or should i say neither his family. he did it daw because he got the girl pregnant and was afraid of the latter's family. ang pagkakaalam nya din daw po kasi wala bisa yung kasal namin. pero hindi po ba ako pwede magcharge ng bigamy? or hindi nya rin po ba pwede ideclare na null ung marriage nya with his paramour. i got all my connections para ipacheck sa municipality ng girl kung may license din sila pero wala. & dahil hindi po alam ng mga byenan ko ang event na yun, wala ni isa sa pamilya nya ang andun sa occasion. can i have something to do with it, during the time na nagpakasal cya ulit, nasa poder ko siya, i mean, sustentado ko pa po sya non kaya unfair po masyado.. hope you could help.. thanks

rcjohnarchangel
18th February 2011, 11:42 AM
thanks po atty...

danilo
19th February 2011, 11:26 AM
sir paano po at saan po nag file ng petition for the declaration of nullity of marriage? matagal po ba ang proseso? thanks a lot sir... big help po ito

drey9_ph
21st February 2011, 08:09 PM
good evening atty. can a lawyer be a solemnizing officer? thanks po.

Atty. James S. Biron
24th February 2011, 09:24 PM
Drey, welcome!

Atty. James S. Biron
24th February 2011, 09:27 PM
Sophia, maari po, pero kailangan mong mapatunayan na sila ang may kagagawan ng pag falsify nang dokumentong iyon.

Atty. James S. Biron
24th February 2011, 09:33 PM
Rapunzel, your husband could not enter into a second marriage without having his first marriage declared void by the court. If he marries another person without having his first marriage declared void, then he will be liable for bigamy.

Atty. James S. Biron
24th February 2011, 09:36 PM
Rcjohnarchangel, you're welcome!

Atty. James S. Biron
24th February 2011, 09:38 PM
Danilo, mag hanap ka po ng abugado na pwedeng gumawa nyan para sayo. Alam nya na po ang proceso nyan. Kung wala po kayong pambayad sa abugado, pwede po kayong lumapit sa PAO, libre po doon.

Atty. James S. Biron
24th February 2011, 09:43 PM
Drey, it depends. If a person has no other qualification aside from being a lawyer, he cannot solemnize a marriage. But if he is a lawyer AND a priest/pastor/mayor/judge or has other qualifications such as being a captain of a ship in marriage in mortis causa, then he can do so.

sophia_p
24th February 2011, 09:54 PM
Thank you so much po atty. big help po ito para sa akin. God bless po and more power! :)

rcjohnarchangel
26th February 2011, 09:34 AM
Attorney, tumatangap po ba ang PAO regarding Declaration of Void of Marriage?..

drey9_ph
1st March 2011, 08:50 PM
thank u po sir!

rapunzel
3rd March 2011, 04:52 AM
thanks much atty. but what if there's no possible copy of our marriage contract? we believe that the mayor who at that time facilitated our marriage, took all the papers for that year. or maybe misplaced, because we didn't had a copy of it. that was our biggest mistake at that time. we are supposed to remarry, but had no time because i was in a rush leaving for abroad. in fact, it is stated in the cenomar, that my husband is single. we have witnesses, even his family is on my side. are my witnesses enough? in the case of nullification, would our first marriage, despite of having no record at all, could be a ground? there's a lot of issues for the 2nd marriage too. i would be glad if you will again, try to evaluate these things, because we are eyeing on filing nullification of the 2nd marriage instead of bigamy.
1. our marriage took place on may 21, 2004 on the mayor's office; he had his marriage with his paramour feb. 11, 2010.
2. he believed that he is still married to me, but because of he's frightened, he still agreed to tie the knot with her. he is absent-minded at all.
3. he didn't know who facilitated the wedding, some said a lawyer, some said, a priest. (my husband is catholic)
4. nobody among his family members were present at the time of the 2nd marriage. yes, they made it a secret.
5. they didn't attended a seminar but i will believe that a license came out because of fixers. if no marriage license at all, maybe somebody signed in a 5years living together certificate which is not true 'coz i just went abroad on june 2008.
please kindly enumerate the grounds to file a nullification if all of the above will serve right. thank you :)

Atty. James S. Biron
3rd March 2011, 07:03 PM
Sophia, you're welcome, God bless you too!

Atty. James S. Biron
3rd March 2011, 07:04 PM
Rcjohnarchangel, yes, they accept that kind of case.

Atty. James S. Biron
3rd March 2011, 07:05 PM
drey, you're welcome!

Atty. James S. Biron
3rd March 2011, 07:27 PM
Rapunzel, your marriage with your husband is void under the law for absence of a valid marriage license.

You cannot file a petition for the declaration of nullity of the 2nd marriage of your husband. Under Section 2(a) of the RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARIAGES AND ANNULMENT OF VOIDABLE MARRIAGES

"A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife."

This means that only your husband and the girl of the 2nd marriage may file the said petition.

rapunzel
3rd March 2011, 08:28 PM
so in that case, if he files the nullification for the 2nd marriage, could our marriage be a ground? thanks much atty. Godbless

rcjohnarchangel
4th March 2011, 04:57 AM
Thanks po attorney....

thalia1084
12th March 2011, 01:17 AM
Atty,

I just need your advice regarding my status! Ngpakasal kami ng partner ko(isang madaliang kasal) in a mass wedding officiated by our City Mayor last year Feb. 16, 2010. We didn't submit any requirement like CENOMAR and even didn't attend the seminar nor ng live-in for 5 years in actual. The marriage was made possible because we have a friend in the Civil Registry Office. We went to a certain barangay where a mass wedding held, signed the necessary papers including the affidavit wherein naka state na five years live-in kami (which is really not happening coz two years palang kami in a relationship and stay pa ako sa parents ko) and didn't join the ceremony afterwards.

After a week, nakuha ng partner ko ang Marriage Certificate sa Civil Registry Office na supposedly di dapat ibigay kasi wala ako doon but our friend working in the office ang gumawa ng paraan kasi nasa abroad na ako. My husband got the MC and filed at NSO office after six months na ngaun nasa kanya na ang copy. Ang MC namin doesn't have a marriage license due to the reason na live in kami ng 5 years which is really not happening in actual..

With this scenario, can I file for a declaration of nullity? Please help me of what should I do just to void the marriage as both of us were not sure if this marriage will really worked out especially now na wala siyang work! I was the one who is responsible in all financial matters.

Your advice is highly appreciated. Thank you.

Atty. James S. Biron
19th March 2011, 08:09 PM
Rapunzel, yes, a marriage contracted by any person during subsistence of a previous marriage shall be null and void (Sec. 41 of the Family Code). God bless you too!

Atty. James S. Biron
19th March 2011, 08:20 PM
Rcjohnarchangel, you're welcome!

Atty. James S. Biron
19th March 2011, 08:27 PM
Thalia,

You said that you did not attend the ceremony afterwards? What is this ceremony? If what you meant was that you did not attend the marriage ceremony, then your marriage will be void. The Family Code states that absence of a marriage ceremony will make a marriage void (see Arts. 4 and 3).

thalia1084
19th March 2011, 09:22 PM
Yes, it is true that we did not join the marriage ceremony in a mass wedding! And, also, we are not live in for 5 years...If this will be considered as void, can I file for a petition then since my status in the NSO is already married. Please advice what would be the process and how long will this it take?

Atty. can you help me and pwede ba ikaw nalang ang kunin kung lawyer? Can I have your contact details?

Atty. James S. Biron
20th March 2011, 12:28 AM
Private message sent.

Please read your inbox. Thank you.

bulakenyo0725
29th March 2011, 12:24 PM
good day attorney!

nagpakasal po kami ng naging asawa ko taong September 7, 1992 in a civil wedding. hindi po kami nag submit ng kahit anong requirements at hindi rin po um-attend ng seminar...nagkaron po kami ng isang anak at makalipas ang ilang taon ay sumama po sya sa ibang lalaki. kasalukuyan po ay meron na sila 3 tatlo.

nabasa ko po dito sa forum na void ang kasal kung ang date ng marriage license ay date din ng araw ng kasal Sept 7, 1992 din po kc ang nakalagay sa marriage contract namin it means po na issue ang marriage license sa araw ng aming kasal.

last week po lumapit ako sa PAO lawyer sa malolos para mag file ng declaration of nullity of marriage, ang sabi po ng lawyer na naka usap ko kelangan ko daw po pumunta sa psychiatrist then for annulment daw ang case ko. sinabi ko po sa kanya na meron ako nabasa na void nga ang kasal pag on the same day ang pag issue ng marriage license. ini insist po niya na hindi daw basehan un dahil meron naman daw po license number, sinabi din po ng PAO lawyer na dapat daw po i-demanda ko e un nag issue ng marriage license. sinabi ko po sa kanya na bakit ko ide demanda un nag issue e ang gusto ko po ay mag declare na null ang void ang aking naging kasal. isa pa po atty balewala narin ang aming kasal dahil nga sa meron na sya ibang pamilya. sana po ay matulungan nyo ako sa aking problema.

Atty. James S. Biron
1st April 2011, 09:32 PM
Hi Bulakenyo,

Let me clarify, issuance of the marriage license within the prohibited period shall only subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage. In the article which you read here, there must be another factor which made the marriage void. That is why, it is important to analyze each case separately. The PAO lawyer is correct when he said that it is not a basis for filling for nullity.

I don't know the complete story of your case, there could be grounds for declaration of nullity or there could be none. But since your wife already cohabited with another man, then surely you will have a case for legal separation.

bulakenyo0725
4th April 2011, 05:17 PM
Hindi ko pa po girlfriend un girl that time na sumama sya sa amin sa province kasamahan ko po cya sa trabaho. Dahil meron occassion nuon sa bahay inaya ko po siya na sumama sa amin, at pina unlakan naman po niya ang aking paanyaya. Hindi po kagad kami bumalik ng manila at nung gabi na yon ay meron ng nangyari sa amin. Nalaman po ito ng aking mga magulang, kaya sinabi sa amin na dahil meron na daw nangyari, magpakasal na daw po kami. Kaya kinabukasan pumunta kami sa munisipyo at ikinasal.

Hindi po ako/kami nag file ng marriage license pero sa marriage certificate meron marriage license number na nag appear and it states there that the license was released on the same day na kinasal kami. Valid po ba attorney ang ganun kasal?

bulakenyo0725
4th April 2011, 05:21 PM
Atty.

Bakit po meron na delete na post dito? Gusto ko po kc sana mag reply with quote pero hindi ko na makita. Un mga reply nyo po nuon kay Drey

Atty. James S. Biron
10th April 2011, 04:29 PM
Bulakenyo, kung hindi kayo nag apply ng marriage license tapos sa marriage certificate nakasulat na may license kayo, malamang peke po iyon. At dahil dyan, ayon sa batas, dahil wala kayong valid na marriage license, walang bisa din ang kasal ninyo, kung sa english ito as iyang void marriage. Nag update din po ng forum kaya marahil po ay hindi mo na mahanap ang hinahanap mo.

erin
12th April 2011, 03:50 PM
hi atty james,

I'm here in canada i just got my permanent residency .. but the problem po is i applied as single which is supposedly married.. my boyfriend and i decided to get married back 2007 .. a week before my flight coming here... i di'dnt had any chance to change my status so i applied as single ... is it possibble po ba to remarry and get a new date of marriage in our marriage certificate?? if it is possible...d po ba makikita un pag kumuha kami ng CENOMAR from NSO? What other legal options can we do if this doesn't work?
Thank you so much po in advance...
I hope you will find time to read my email and reply... please please please i need your advice.


with regards to my marriage po... i was 21yrs. old and he is 22 years old when we got married..we never had witness and they did'nt even required us to get a license and both our families did'nt know about it. But when i checked our MC po my nakasign na witness nmin and my license din daw kami kinuha which we never did.. is it possible for us to apply for nullity of marriage??? oh 1 more thing tinry po ng bf/ husband ko kumuha ng MC sa NSO and he did get a copy...

thanks again.

bulakenyo0725
18th April 2011, 10:44 AM
Bulakenyo, kung hindi kayo nag apply ng marriage license tapos sa marriage certificate nakasulat na may license kayo, malamang peke po iyon. At dahil dyan, ayon sa batas, dahil wala kayong valid na marriage license, walang bisa din ang kasal ninyo, kung sa english ito as iyang void marriage. Nag update din po ng forum kaya marahil po ay hindi mo na mahanap ang hinahanap mo.

Salamat po attorney sa inyong paliwanag. Ano po ang ang unang hakbang na dapat ko gawin para ma verify kung void ang marriage? Malalaman ko po ba iyon sa aming local civil registrar? Thanks po.

bulakenyo0725

bulakenyo0725
18th April 2011, 10:48 AM
Bulakenyo, kung hindi kayo nag apply ng marriage license tapos sa marriage certificate nakasulat na may license kayo, malamang peke po iyon. At dahil dyan, ayon sa batas, dahil wala kayong valid na marriage license, walang bisa din ang kasal ninyo, kung sa english ito as iyang void marriage. Nag update din po ng forum kaya marahil po ay hindi mo na mahanap ang hinahanap mo.

Atty., sa marriage contract po nakasulat ang marriage license number and date mismo sa araw din ng kasal. pati po ang mga witnesses namin ay naka "FOR" lang.

Atty. James S. Biron
21st April 2011, 02:15 PM
Kaya po, kung peke po ang marriage license ninyo, kahit naka sulat pa sa marriage certificate na meron kayong marriage license, wala pa rin pong bisa ang inyong kasal.

bulakenyo0725
2nd May 2011, 01:53 PM
Atty,

Salamat po sa paliwanag nyo. Kaya lang po ang problema ko un nilapitan ko PAO lawyer ini-insist na for annullment daw po ang kaso ko. Pwede po ba ako lumapit sa ibang korte? o kelangan sa bulacan?



Kaya po, kung peke po ang marriage license ninyo, kahit naka sulat pa sa marriage certificate na meron kayong marriage license, wala pa rin pong bisa ang inyong kasal.

Atty. James S. Biron
20th May 2011, 04:52 PM
Bulakenyo,

Doon lang po kayo pwedeng mag file sa Family Court ng city o ng probinsya kung saan ka nakatira sa nakalipas na anim na buwan. Eto po ang sabi sa batas:

Section 4. Venue. - The Petition shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing. Or in the case of non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.

wolf_55umd5
25th May 2011, 12:19 PM
Atty. Biron,

Good Evening.. kasal po ako sa civil last january 2006 at nagkahiwalay kami after 9 months. pareho po kaming 24 years old noon, nagpakasal po kami na hindi po alam ng mga parents ko kc takot po akong malaman ng parents na magpapakasal ako kasi nag aaral po ako sa taong yon. Ang magulang po ng babae ang gumawa ng paraan para lang po makasal kami kasi buntis po yong babae. Sila na po yong naghanap ng guardian ko na pwedeng pumirma sa MC para makasal po kami. nag attend po kami ng seminar at pagkatapos lumabas yong marriage license namin not in 10 days after kami nag file at kinasal agad kami ng mayor sa bayan nila.Hanggang ngayon po,hindi pa po alam ng mga magulang ko po na nakasal po ako nung 2006..5 taon kaming walang kontak sa babae at ngayong taong ito lang kami nagka usap thru social network site at nag gusto niya pong mangyari ay magbigay ako ng pera sa kanya na 70,000 pesos at may papipirmahan siyang kasundu-an na di na xa manggugulo at di rin ako mangugulo sa kanya pag nagbigay ako ng 70,000. sabi niya kasi sa akin na nakakuha daw siya ng CENOMAR na single yong status niya at sabi niya rin na makakauha din daw ako na single din po yong status ko.Balak ko kasing kumuha ng cenomar next month kasi makikisuyo pa po ako kung sino yong pwedeng kumuha po diyan sa pinas kasi nandito kc ako sa ibang bansa ngayon.. Pwede po bang maging ground/s sa nullity and void yong sa kasal namin.. Sana po matulungan niyo po ako at kung anong dapat kong gawin na legal action sa pangyayari...

Pasenxa na po..di ko po kc alam kung saan ko po pwedeng i post sa forum.. kaya nag private message po ako sa inyo..sana po matulungan nyo po ako sa problema ko..

salamat po..

wolf_55umd5
25th May 2011, 12:46 PM
Atty. Biron,

Good Evening.. kasal po ako sa civil last january 2006 at nagkahiwalay kami after 9 months. pareho po kaming 24 years old noon, nagpakasal po kami na hindi po alam ng mga parents ko kc takot po akong malaman ng parents na magpapakasal ako kasi nag aaral po ako sa taong yon. Ang magulang po ng babae ang gumawa ng paraan para lang po makasal kami kasi buntis po yong babae. Sila na po yong naghanap ng guardian ko na pwedeng pumirma sa MC para makasal po kami. nag attend po kami ng seminar at pagkatapos lumabas yong marriage license namin not in 10 days after kami nag file at kinasal agad kami ng mayor sa bayan nila.Hanggang ngayon po,hindi pa po alam ng mga magulang ko po na nakasal po ako nung 2006..5 taon kaming walang kontak sa babae at ngayong taong ito lang kami nagka usap thru social network site at nag gusto niya pong mangyari ay magbigay ako ng pera sa kanya na 70,000 pesos at may papipirmahan siyang kasundu-an na di na xa manggugulo at di rin ako mangugulo sa kanya pag nagbigay ako ng 70,000. sabi niya kasi sa akin na nakakuha daw siya ng CENOMAR na single yong status niya at sabi niya rin na makakauha din daw ako na single din po yong status ko.Balak ko kasing kumuha ng cenomar next month kasi makikisuyo pa po ako kung sino yong pwedeng kumuha po diyan sa pinas kasi nandito kc ako sa ibang bansa ngayon.. Pwede po bang maging ground/s sa nullity and void yong sa kasal namin.. Sana po matulungan niyo po ako at kung anong dapat kong gawin na legal action sa pangyayari...

Pasenxa na po..di ko po kc alam kung saan ko po pwedeng i post sa forum.. kaya nag private message po ako sa inyo..sana po matulungan nyo po ako sa problema ko..

salamat po..

wolf_55umd5
25th May 2011, 02:08 PM
Atty...

Kinasal po ako nung january 11,2006, tapos sa pagkakatanda ko po ay na release yong ML namin january din same year.. diba sabi nyo sa mga sagot nyo sa iba na bago ikasal, maghintay muna ng sampo(10) days bago ikasal.. ang nangyari po sa akin ay ikinasal ako agad nung nakuha na namin ung marrigae license at nilakad nalang po ng parents ng babae na wala po yong parents ko dito sa pilipinas at nasa america kaya di na ako hinanapan pa ng parents consent.. may nagtayo pong guardian sakin at sila na rin po yong kumuha ng witness para sa civil wedding..hanggang ngayon po, hindi pa rin alam ng magulang ko na ikinasal ako nung january 2006.. may laban po ba ako para sa nullity of marriage... 5 taon na po kaming hiwalay.. sana matulungan mo po ako sa problema ko atty..salamat po

wolf_55umd5
26th May 2011, 12:17 AM
Atty. Biron,

Good Evening.. kasal po ako sa civil last january 2006 at nagkahiwalay kami after 9 months. pareho po kaming 24 years old noon, nagpakasal po kami na hindi po alam ng mga parents ko kc takot po akong malaman ng parents na magpapakasal ako kasi nag aaral po ako sa taong yon. Ang magulang po ng babae ang gumawa ng paraan para lang po makasal kami kasi buntis po yong babae. Sila na po yong naghanap ng guardian ko na pwedeng pumirma sa MC para makasal po kami. nag attend po kami ng seminar at pagkatapos lumabas yong marriage license namin not in 10 days after kami nag file at kinasal agad kami ng mayor sa bayan nila.Hanggang ngayon po,hindi pa po alam ng mga magulang ko po na nakasal po ako nung 2006..5 taon kaming walang kontak sa babae at ngayong taong ito lang kami nagka usap thru social network site at nag gusto niya pong mangyari ay magbigay ako ng pera sa kanya na 70,000 pesos at may papipirmahan siyang kasundu-an na di na xa manggugulo at di rin ako mangugulo sa kanya pag nagbigay ako ng 70,000. sabi niya kasi sa akin na nakakuha daw siya ng CENOMAR na single yong status niya at sabi niya rin na makakauha din daw ako na single din po yong status ko.Balak ko kasing kumuha ng cenomar next month kasi makikisuyo pa po ako kung sino yong pwedeng kumuha po diyan sa pinas kasi nandito kc ako sa ibang bansa ngayon.. Pwede po bang maging ground/s sa nullity and void yong sa kasal namin.. Sana po matulungan niyo po ako at kung anong dapat kong gawin na legal action sa pangyayari...

salamat po..

wolf_55umd5
26th May 2011, 01:33 AM
Noong January 11, 2006 sa Don Carlos Bukidnon.Nagpakasal kami kasi nabuntis ko siya. Nag file kami ng Marriage license sa LCR at na release yong Marriage License namin sa buwang din yon at nagpakasal kami agad after 2-3 days since na release yong marriage license. Nagpakasal kami na walang consent sa parents ko. Ang parents na ng babae ang gumawa ng paraan para makasal kami at hindi ko po alam kung paano at kung ano po yong ginawa nila para mabigyan kami ng marriage license kahit walang parents consent. Nag attend po kami ng seminar about marriage po. During the ceremony, sila na po yong naghanap ng proxy sa parents ko na ginawang guardian ko po sa kasal ko at ang guardian na yon ay di ko po kilala. Pareho po kaming 24 years old nung kinasal kami.Sinabi lang nila na ang magulang ko po ay nasa america pero ang totoo nandito lang sila sa pilipinas at wala po sa america at hindi pa po nakakapunta ang parents ko ng america. 5 years na po kaming hiwalay at more than 4 years na kaming walang communication.Pwede po ba ako mag file ng Declaration of Nullity of Marriage sa kasal namin?

wolf_55umd5
26th May 2011, 01:34 AM
Please po, sana matulungan niyo po ako sa problema ko..

wolf_55umd5
27th May 2011, 02:45 AM
hindi po pala parents consent, parents advice po pala yon and nag release po sila ng marriage license kahit wala po akong parents advice and wala po akong pinipirmahang affidavit kung bakit wala po akong parents advice.. Parang nilakad ng magulang ng babae para lang makakuha ng marriage license.. di rin po kami ng live-in and buwan lang po kaming mag syota.. pagkatapos po ng kasal ay bumalik po ako sa cagayn de oro dahil ako po ay nag aaral pa nung panahong yon...

Atty. James S. Biron
31st May 2011, 11:46 AM
Wolf, absence of parental advice will not affect the validity of your marriage. This is not one of the grounds for nullity of marriage, annulment or legal separation.

baribar
1st June 2011, 02:59 AM
Dear visitors, please post all your questions regarding declaration of nullity of marriage in this section of the forum. Thank you.

Nabuntis ko po yung officemate ko noong taong 2000. At dahil po sa kami ay parehong nagtatrabaho sa gobyerno ay ipinagpipilitan po ng mga magulang niya na kami ay magpakasal na akin naman pong tinutulan. Sa kagustuhan po nila na hindi kami matanggal sa trabaho dahil sa imoralidad, nakiusap po sila na kami ay pumirma sa isang blankong marriage contract. Sa tulong po ng ilang kaibigan ay nakakuha at naayos nila mga dokumento sa aming local registrar. Nalaman ko na lang po na pati ang mayor namin ay napapirma nila sa dokumento at nagawang irehistro sa NSO. Ang tanong ko po ay kung pwede ko po bang ipawalang bisa ang aming kasal sa kadahilanang walang aktuwal na seremonyang naganap at wala kaming personal na pagpapahayag ng aming hangaring magpakasal?

wolf_55umd5
2nd June 2011, 11:18 PM
atty,
nag usap na po kami ng dati ko pong asawa na gusto niya na ring maging legal yong hiwalayan namin.. mag cooperate daw siya sa lahat ng legal actions na gagawin ko.. may sarili na po siyang buhay sa ngayon at mayroon na din siyang partner.. gusto ko na ring maging malaya na to move on..

follow-up question ko po..

1. pwede po ba siya ang mag file ng annulment case laban sa'kin?
2. pwede po ba ung ground na PSYCHOLOGICAL INCAPABLE kung yong ex-wife ko ang mag file ng annulment?

salamat po atty..

baribar
13th June 2011, 02:59 AM
Atty, kami po ay nakasal sa papel lamang. Nasabi ko po na sa papel lamang kasi kumpleto naman pirma ng mayor, mga witnesses at marriage license pero wala pong seremonya at personal na pagpapahayag ng aming kagustuhang makasal. Pwede po bang mag file ng declaration of nullity of marriage sa kadahilanang walang seremonyang naganap at personal na pagpapahag ng aming intensiyon na makasal?

Atty. James S. Biron
13th June 2011, 03:01 PM
Baribar, in the case of Antone vs Beronilla (G.R. No. 183824) the Supreme Court said:

"In the instant case, however, no marriage ceremony at all was performed by a duly authorized solemnizing officer. Petitioner and Lucia Barrete merely signed a marriage contract on their own. The mere private act of signing a marriage contract bears no semblance to a valid marriage and thus, needs no judicial declaration of nullity."

Atty. James S. Biron
13th June 2011, 03:07 PM
Wolf,

1. She could file such case, but the problem is -- is there a valid basis for such action? If none, it will only be dismissed by the court.
2. Psychological incapacity could only be invoked when there is actual psychological incapacity. If you are just pretending that you are psychologically incapacitated it will eventually appear. Moreover, the collusion between you and your wife may be discovered and this will lead to the dismissal of your case.

redbutterfly16
4th July 2011, 03:31 PM
Hi Atty.Biron,
i just want to ask for a legal advice about my marriage..
my marriage was solemnized under the article 34 , i had no idea about article 34 not until i search it in the internetand when we signed the application form it was not there, it stated that no license is necessary when a couple living together for atleast 5 years,
which is not applicable to us, the date of the marriage was November 19,2002..which means that we started living together since 1997 which is not true coz during those times i was still in davao and never been in manila,i been in manila in 1998 working in muntinlupa alabang till 2000 and i know him in year 2000 ,i had my bf in province who always sending me a letter on that address where i am working can i used it as an evidence? ..and 2nd there is no really marriage ceremony happen on the place that was stated on the marriage certificate,we signed an application at home in tondo with no requirements submitted po just the processing fee, but in the marriage certificate the location of the marriage ceremony was in UNITED APOSTOLIC CHRISTIAN CHURCH OF THE PHILIPPINES at P.Narciso st.San juan metro manila,as i research about that church it was just a sect Atty,me and my husband are both catholic po, one more thing as far as i remember we didnt had an affidavit of cohabitation that we are living together for atleast 5 years... ..my question po if can i filed a petition for the declaration of absolute nullity of void marriages with those grounds.And if ever i filed a petition where should i file it at kelangan ko na po ba agad ng lawyer if i filed a petition?And do you have an idea how much it cost po?Gusto ko lang po maging valid yung marriage although alam ko po it was register in NSO.

Thank you so much and i hope to hear an advice from you.God bless and more power.


Emy

Atty. James S. Biron
5th July 2011, 07:59 PM
Hi Emy, please read my private message. Thank you.

piamae14
17th August 2011, 02:18 PM
goog day atty,.ask ko lang po na kapag po ba n grant ung declaration of nulllity magiging single na po ung status dbah??/ask ko lang din po na kapag po ba kumuha ka ng marriage contract sa NSO wla na po ung kasal nio??or makakakuha ka pa din po pero may nakalagay lang ng null or void??and also po pag nagpakasal ka po ba ulit makikita po sa nex marriage contract mo na may unang kasal,.thanks po in advance godbless

piamae14
17th August 2011, 03:01 PM
good day po atty,.ask ko lang po i magrant po ung declaration of null pag po ba kumuha ng marriage contract sa NSO makakakuha ka pa din po or wala na po ung record??and pag po ba nagpakasal ka ulit nakalagay pa din po ba ung unang kasal sa bagong marriage contract??thanks po in advance,.

Atty. James S. Biron
26th August 2011, 01:36 PM
good day too piamae, yes you will be considered single but your status will not be changed in your record, what the NSO will do is that they will make an annotation that your marriage was declared null and void.

piamae14
26th August 2011, 10:36 PM
thanks po atty,.eh pano po ung pag magpapakasal po ulit nakarecord pa din po ba sa cenomar ung 1st marriage and sa new MC po makikita pa din po ung 1st marriage??

Atty. James S. Biron
6th September 2011, 10:08 PM
Piamae, naka indicate na declared null and void yung marriage mo, sa new MC naman, di na naka record yung previous marriage.

amy
14th September 2011, 03:59 AM
Hello Atty James,
I want to file a petition for declaration of nullity of marriage. I would like to know the procedure and if I can file it through PAO? my marriage is under Article 38, would it be that easy and how long it will take?

kind Regards

Atty. James S. Biron
1st October 2011, 04:21 PM
Hello Amy,

You can ready the procedure here: http://www.chanrobles.com/amno021110sc.html
Yes, you may seek the assistance of PAO.
This will be relatively easier compared to At. 36 based on psychological incapacity.
How long it would take? No one could tell. There are several factors to consider that's why it is impossible to tell how long it would take.

S1mplySearching
2nd November 2011, 05:50 AM
Hello Atty,

I'm new to this forum & not quite familiar w/navigating this site yet. I'd like to start a new thread w/c is somewhat related to this topic.
I've tried posting my question a couple of times but unfortunately, I couldn't seem to get it to post so here I go w/another try.
If this goes thru, then I'll follow up w/my question.

S1mplySearching
2nd November 2011, 06:04 AM
Greetings Atty,
I just want to know if If an innocent spouse can file a petition for nullity of marriage against a 2nd bigamous marriage that took place in the Phils. & if so, need I be present in order to accomplish this? We were married in the U.S. & neither of us have filed or signed any divorce papers. Do I need to obtain a copy of their ML/MC from the NSO office to serve as proof of the 2nd bigamous marriage? I do intend to file for child support & custody but he is currrently in the Philippines. Is there a way to look up their address so he can be served if I move forth w/filing a petition? What are the implications of filing suit for alienation of affection &/or bigamy against both of them & are there any time constraints involved? Thank you in advance for your helpful advise & input. -SimplySearching

esi
8th November 2011, 02:42 PM
Dear Atty,

Nagulat po ako ng kumuha ako ng cenomar at malamang ako ay kasal sa nauna kong girlfriend at hindi naman ako tunay na ikinasal. Nasa Abu Dhabi po kami nuon.. Ang nangyari po nuon ay pumirma po ako ng marriage contract na ipinadala sa amin ng magulang ng girlfriend ko. Kinakailangan po kasi ang MC dahil nakunan sya at bawal po sa middle east ang magbuntis ng hindi legal at makukulong sya. Ginawa backdated ang MC para wala problema.. Pero ang pirma na ginamit ko ay iba sa tunay kong pirma. Bago pa kami bumalik ng pinas nalaman ko na iba pala ang nakabuntis sa kanya kaya nagkahiwalay po kmi. Nalaman ko na ipinasok pala ng magulang nya ang MC na pinirmahan ko ng kumuha nga ako ng cenomar na hinihingi ng gf ko ngyon. Ang ina ng ex-gf ko ay nagtratrabaho sa munisipyo. Ito po ba ay legal na MC? Kasi po gusto ko na po ikasal sa gf ko ngyon at di ko magawa. Paano ko masolusyunan ito na ngyon 10 taon na pala ang record sa NSO? Hindi ko n alam kung nasaan ang ex gf ko. Huli ko sya nakita 1997 pa ata. Pwede po ba null & void yun? Ayun sa cenomar ang edad ko ng marriage date ay 25 years old. Wala po ako natatandaan pinirmahan application ng marriage license.

Gaano po katagal makuha ang nullity of marriage? Paano po ang magandang gawin?

Maraming salamat po.

S1mplySearching
9th November 2011, 12:00 AM
Hello Atty,

As a follow up to my previous question, what steps are involved if an injured spouse wants to bring legal action against the cheating party (i.e. adultery, criminal conversation, alienation of affection)? Are there any time constraints to consider when doing this & does the injured spouse need to be present in order to file a case?

Many thanks for any advise you're able to provide regarding this matter.

Atty. James S. Biron
10th November 2011, 07:01 AM
Question: I just want to know if If an innocent spouse can file a petition for nullity of marriage against a 2nd bigamous marriage that took place in the Phils. & if so, need I be present in order to accomplish this?

Answer: Section 2(a) of The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, which took effect on March 15, 2003, specifically provides:

SECTION 2. Petition for declaration of absolute nullity of void marriages. —

(a) Who may file. — A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife.

The same rule does not state whether the wife of a previous marriage may file for a declaration of nullity of a subsequent marriage but I believe that this has reference only to the parties of the subsequent marriage.


Question:We were married in the U.S. & neither of us have filed or signed any divorce papers. Do I need to obtain a copy of their ML/MC from the NSO office to serve as proof of the 2nd bigamous marriage?

Answer: Since, you cannot file a petition for declaration of absolute nullity of their marriage, there is no need for you to obtain these documents.


Question: I do intend to file for child support & custody but he is currrently in the Philippines. Is there a way to look up their address so he can be served if I move forth w/filing a petition?

Answer: You may hire a private detective to do this for you.


Question: What are the implications of filing suit for alienation of affection &/or bigamy against both of them & are there any time constraints involved?

Answer: This time you want to know the implication of filing a bigamy case and not just a declaration of nullity of marriage based on bigamous marriage. The answer to your question is provided by the Revised Penal Code (RPC), thus:

Art. 349. Bigamy. — The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.

Since bigamy is punishable by prision mayor, it is an afflictive penalty which will prescribe in fifteen years pursuant to Article 92 of the RPC. The prescriptive period shall start from the day on which the crime is discovered by the offended party, the authorities, or their agents in accordance with Article 91 of the RPC.

S1mplySearching
10th November 2011, 07:29 AM
Hello Atty,

Thank you so much for the valuable information. I do appreciate the input. I do have a follow up question regarding this issue.

Do I need to be present if I want to bring forth a legal case against the bigamous parties? Are there any fines involved if they are proven guilty of bigamy or adultery, criminal conversation & alienation of affection? What is the time frame involved in such case before the court can issue a verdict? Can you provide an estimated legal cost associated with this kind of lawsuit? Again, any feedback you're able to provide is greatly appreciated.

kick
17th November 2011, 11:11 PM
Dear Attorney,

I would like to ask for clarification regarding my marriage in 1992, first and foremost we never apply for a marriage license, secondly the marriage was solemnize by a municipal mayor although when i check with NSO i was able to secure a copy of MC. my question is, is my marriage valid? according to 1987 family code the mayor was not mentioned to have authority to solemnize a marriage. Can I file for its nullity? Looking forwward to your reply.

Thanks

Kick

Aedan
19th November 2011, 09:54 PM
Great information.
Thanks for sharing.

Atty. James S. Biron
14th December 2011, 10:18 PM
Hello S1mplySearching,

Yes, you must be present.

There are no fines, simply imprisonment. By the way, we have no crime here in the Philippines called "criminal conversation & alienation of affection"

For the time frame and cost, I could not give you estimates on this because there are several factors to be considered here.

Atty. James S. Biron
14th December 2011, 10:28 PM
Kick,

Your marriage is void because there was no marriage license. For this reason, you may file a petition for declaration of nullity of your marriage. However, note that there are exceptions to the rule that marriage without a valid marriage license is void. Please see Chapter 2, Title I of the Family Code.

The mayor can solemnize a marriage. This is because the Local Government Code of 1991 specifically under Title III, Chapter 3, Sec 455(b)(xviii) provides the mayor the authority to solemnize a marriage.

Atty. James S. Biron
14th December 2011, 10:29 PM
Aedan,

You're welcome!

jeane
19th December 2011, 06:27 PM
hello po.. ako po ay may ka-live ngayon mag 8yrs na po kaming nagsasama since december 2003 pa po at may isang anak na 7yrs old.. ang ka live-in ko po ay may unang asawa at sila ay kasal, subalit dinaya po nila ang kanilang edad sa birthcertificate june 1992 sila nagpakasal 16yrs old pa lang po ang babae noon at 17 yrs old po ang ka live-in ko mag 18 po sya noon, since 2001 po ay hiwalay na sila,marami na rin pong ibat ibang relasyon si babae pero wala pong tumagal at sya rin naman po ang may gusto na maghiwalay na sila dati, ngayon po ay hindi namin alam kung bakit nanggulo sya ngayon at ang sabi ipapakulong daw nya kami dahil legal na asawa daw sya, ano po ang magandang gawin namin? dahil ang sabi ko sa kanya hindi naman legal ang kasal ninyo dahil mga menor de edad pa kayo noon at dinaya nyo lang ang birthcertificate nyo,.

salamat po..

sana po ay matulungan ninyo ako,

at pasensya na po sa mahabang kwento..

iresmae
22nd January 2012, 10:24 PM
Hi Atty.

I am glad to find your site in Google. And i just want to ask if i i can file for a Nullity of my prev. marriage?

I got pregnant when i was in my last semester in college. and because of that my uncle forced us to get married due to "kahihiyan daw". The date of my marriage was Oct 10, 2003. but the solemnizing officer (the major in our place) did not arrive in our house. There was no actual wedding ceremony that happened. so our ninongs & ninangs just signed the marriage contract and we also did.

Last March 12, 2004 i gave birth to our child and my exhusband's lola processed the birth cert of our son. And she also registered the marriage contract without my knowledge. since the mayor is a friend of my uncle, my grandmother-in-law processed the marriage contract without any hassle. And they just informed me when it's already done! So the date of the wedding in the marriage contract is March 5, 2004.

Am I able to file re above subject? Thanks for your help atty.

Atty. James S. Biron
23rd January 2012, 06:07 PM
Iresmae, you can file a petition for declaration of nullity of your marriage considering that there was no actual marriage celebration (See Art. 3 and Art. 4 of the Family Code)

iresmae
23rd January 2012, 06:27 PM
Btw, atty. do you know how much would it cost me to file for the case? Do you think my case would have a good possibility of winning? I am also from Makati and my friend referred an Atty who is in Cebu. But I am not sure if would pursue it in Cebu. Please advise.

Thank you.

tinylil3
27th January 2012, 08:37 AM
Hi, I got married in 1995 to a Filipino who was adopted by his German stepfather and has acquired German citizenship. When we got married though, he did not use his German name, instead used his Filipino birth certificate because it was convenient for him than acquiring all the necessary documentations from the German consulate to be able to marry me then. Now we have been separated for almost 2 years. Can the marriage be declared null and void?

tinylil3
27th January 2012, 01:36 PM
Hi Atty James,
I got married in 1995 with a Filipino who has acquired his German citizenship via adoption by his German step-father. He came here and we got married using his original Filipino name using his birth certificate which he acquired from the LCR because it was easier for him to to that than use his German name and go through the process with the German Consulate. We've been separated 2 years now....Can I file petition to declare nullity or marriage then?

thespydxb
30th January 2012, 08:27 PM
Dear Atty. Biron,

What is the difference between the DECLARATION OF THE NULLITY OF MARRIAGE and ANNULMENT OF MARRIAGE? Thank you in advance!

jaris
31st January 2012, 11:16 AM
hello attorney,
tanong ko lamang po. vice mayor ang nag kasal samin pero ang nakapirma mo sa mc namin ung mayor. pwede bang maging grounds to sa annulment? mga ninong at ninang lang ang witness ko, wala kaming litrato or singsing dahil minadali ang kasal. sapat na ebidensya na ba to. kahit wala akong proof na picture na vice mayor ang nag kasal sa amin? pauwi na ko ng pinas para ayusin ang status ko.

maraming salamat atty.

Atty. James S. Biron
4th February 2012, 11:05 PM
Iresmae, i think you have a good chance of winning your case. Please go direct to the court to know the exact fee.

Atty. James S. Biron
4th February 2012, 11:09 PM
Hi tinylil3, based on your story, there is no ground for filing a petition for declaration of nullity of your marriage.

Atty. James S. Biron
4th February 2012, 11:13 PM
Dear thespydxb,

The differences are on ground or basis, procedure and effect once granted. To know more about the differences, read my articles:

Declaration of Nullity of Marriage (http://www.jamesbiron.com/2009/07/declaration-of-nullity-of-marriage/)

Annulment of Marriage (http://www.jamesbiron.com/2009/06/annulment-of-marriage/)

Atty. James S. Biron
4th February 2012, 11:18 PM
Jaris,

Pwede yan na ground para sa declaration of nullity. Iba po yung annulment.

Maraming paraan para mapatunayan na yung Vice Mayor lang ang nagkasal. Hindi kailangan ng picture o singsing para mapatunayan ito.

jmr
5th February 2012, 11:10 AM
Good Day Atty. Biron,

I'm new here and thankful that i found your site. I would just like to seek legal advise regarding my bf's situation. We were together for 8 years now and want to get married very soon. We requested for cenomar and was shocked when we found out he is married. He wasn't expecting that he's marriage way back 1998 would reflect on the documents since a year after their marriage, they checked for the records and it wasn't registered. So since then po, ang alam nila walang kasal na nakarecord kaya naghiwalay narin po sila. They got married 1998 po wherein he was only around 18 and yung girl 16yo but on the cenomar kinasal sila ng Jan. 2000. They are both from cavite and yung kasal po was held in manila. Nung nagpakasal daw sila wala silang inayos na documents prior to the marriage, pumunta lang daw sila dun with their parents and kumuha ng witness (someone they don't even know daw) then nagpirmahan yun lang daw po yun. Ang alam talaga ng bf ko wala na po yung nangyari na yun kaya eversince they found out na it wasn't registered SINGLE po ang declaration nya sa lahat ng documents nya (SSS, PagIbig, etc.). Ano po ba dapat namin gawin? meron po bang madali and cheap way to void the marriage kasi gusto na po talaga namin magpakasal especially now na magkakaanak na kami? Thank you & God Bless po..


and also, anu-ano po ba yung supporting documents na dapat meron sya ngayon regarding the marriage at saan po makakakuha ng copy? (like to verify if marriage license exist) pasensiya na po i'm clueless about this matter.

sophia_glamorosa
5th February 2012, 11:01 PM
Hi atty, i would like to seek advice regarding my case. I got married when i was 16 years old and he was 18, pero nung time na knasal kmi finalsify yung edad nmin at ginawang legal age at may parents consent din. Later on naghiwalay din kmi . Meron po kming isang anak. Never ko pong dinala ang surname nya at sa lhat ng documents ko single ako at tama yung age ko. Macoconsider po ba na null and void yung kasal nmin? Ano po ang mga proseso na kailangan kong gawin? Hope to hear your advice soon. Thanks.

jmr
15th February 2012, 01:31 AM
atty correction lang po he was only 16 lang daw when they got married. then sa manila city hall sila kinasal but base sa cenomar sa caloocan city nakaregister yung kasal. with this, san po bang LCR dapat pumunta to verify sa manila city hall ba o sa caloocan po?

solo_mom
15th February 2012, 12:51 PM
Good morning attorney, I find your site very informative and I would also like to share my situation. Last 2003, i got pregnant with my bf who made me believe that he is single. when I told him about my pregnancy, he admitted that he was already married. To the fear that I might be terminated from work and that my father would kill me, we still got married through the help of a friend. My friend told me that we need to declare that we have lived together for 5 years so we will not be required to get CENOMAR. After the marriage, we never had any communication since we pretended that he traveled abroad for work and just abandoned me and my son. Since I was a teacher that time, they change my surname in all of my documents. Even when i gave birth, my son got his surname since I have an NSO copy of our marriage contract. after 8 years, i learned about his whereabouts through facebook. He really worked overseas and earns good, while I got terminated from work. I'm currently working in a call center. I found out that he adopted a kid since they do not have a child. that's when i realized that my son should get what's for him. I want to file for child support and at the same time have our marriage be declared null and void. My fear is that, If I will file a case against him, can his wife counterfile against me? Will there be a chance that my marriage will be declared null and void without filing criminal case like bigamy? please enlighten me. Thank you and God bless

Atty. James S. Biron
20th February 2012, 09:43 AM
jmr, your bf can go to court and file for a declaration of nullity of marriage considering that his wife was under age at the time of marriage. look for a lawyer to draft this petition for your bf. you need to prove that at the time of marriage, the wife is really under age, so all or any document (e.g. birth certificate) which can prove this fact must be gathered to help your bf get a favorable decision from the court.

Atty. James S. Biron
20th February 2012, 09:45 AM
sophia_glamorosa, kailan po ba kayo kinasal?

Atty. James S. Biron
20th February 2012, 09:47 AM
jmr, check both since this is irregular

Atty. James S. Biron
20th February 2012, 09:59 AM
Good morning solo mom, bigamy will not apply against you since the first element of this crime is that the offender has been legally married. Clearly, this will only apply against your husband but not against you.

Embeng
20th February 2012, 03:47 PM
Dear Atty. James

Good day! My husband and I has been married thrice. First is the ceremonial muslim wedding, then a civil wedding on January of 2009 and a church wedding on December 2009. When my husband applied for passport, lumabas po na FEMALE siya sa birth certificate. It was the same birth certificate that we have used to file for the civil wedding and church wedding. Is our marriage void from the very beginning? If maayos niya birth certificate and the change of gender is approved, will that mean that it goes along with his birth certificate that we used to apply for our civil wedding? Thank you so much Atty.

solo_mom
22nd February 2012, 03:32 PM
Good morning solo mom, bigamy will not apply against you since the first element of this crime is that the offender has been legally married. Clearly, this will only apply against your husband but not against you.

thank you so much attorney for the enlightenment... now i can take a step forward. God bless

kisses
23rd February 2012, 11:33 PM
Good day po Atty,
Kinasal po ako sa Manila City Hall pero po ang add ng MC ay Binangonan po kami kinasal, at sa Imus Cavite po add ng Marriage License ... but i found out na NO RECORD po ang Marriage License namin sa LCR ng Imus Cavite.. may CERTIFICATE of NO RECORD po ako issued by the LCR of Imus Cavite... since hiwalay na po kami almost 8yrs, and may sariling pamilya na po.. nag decide po kami ng present boyfriend ko na mag pakasal... pwede po ba ako nalang ang mag file ng declaration of nullity? na di na po ipaalam sa ex husband ko?? 8 yrs narin po kami di nag kikita wala na akong balita sa kanya... pwede po ba yun???
pls help po...

thank you in advance...

freeME
28th February 2012, 11:04 PM
Hi Atty.
Kinasal po kami ng husband ko nung 2006.3 weeks po bago q isilang ang panganay namin.
21 yrs old po aq at 20 naman po xa nung time na iyon. Resident po aq ng Quezon City at sya naman po sa Cainta Rizal. Pro po sa City Hall po kami ng TAYTAY RIZAL ipinakasal ng mga magulang nya kasi mas madali daw po doon. Pero po Dapat daw dayain ko yung address ko dahil hindi daw po kami pwede magpakasal doon sa Taytay Rizal kapag hindi ka Resindent doon. Binigyan po aq ng Mama nya ng Address at iyon po ung pinasa namin. At dahil po 21 plng po aq kailangn p daw po ng consent sa parents ko. Dahil po nasa Taytay City Hall na kami ng araw na un. Dinaya ko po yung pirma ng Mama ko.
ANG TANONG KO PO ITO:
1. Pwede po ba ung ginawa namin na kahit hindi kami resident ng municipal na Iyon ay doon kami nagpakasal?
2. Valid po ba ung kasal namin kahit ako lang po ang pumirma ng parents consent ko.? May mga nagsasabi po kc sa akin na baka hndi valid ang kasal ko.
Sana po ay makatanggap ako ng sagot. maraminv salamat po.

geoffgarcia619
4th March 2012, 11:53 AM
Good day!

I have a girlfriend who was forcefully married by her parents in their church (INC) last 2009 to avoid humiliation because their daughter was pregnant that time and they don't want her to have a kid out of wed-lock.

My girlfriend had no choice. She was married to the father of her child. They never received financial support afterwards. The man never lived with her and was never able to do his duties and responsibilities as a husband and father.

My girlfriend has a marriage certificate in NSO but she does not remember having a marriage license before getting married.

Is it possible to have a marriage certificate without a marriage license?
What if she really does not have a marriage certificate?
Where can we go to file a petition to nullify her marriage?
How long does this take?
What are the documents that we need?

Hope you can help us out. Thank you so much.

scarlet
9th March 2012, 10:20 AM
hi atty biron, i've read your posts.. just wanted to ask for declaration of nullity of marriage, are there cases that are not approved? i was married last 1994 but the person i married falsified his age because he was only 17 that time. i have bc to prove it. do i need anything else? we've been separated for 13 years already, i just wanted my surname to be changed back to my maiden and my status cleared. do i have a good chance to win this?

liamgaleg
12th March 2012, 09:10 PM
pwede po ba ito maging reason ng declaration of nullity of marriage

1. hindi ako umattend ng seminar para sa kasal.
2. hindi ako kumuha ng marriage license.
3. solemnizing officer ay isang reverend o ministro pero ikinasal kame sa isang opisina na lang na wala din witeness
4. solemnizing officer ay isang ministro ng GREAT REDEEMER CHURCH pero ang ikinasal nya ay parehong katoliko.

sarah veron
17th March 2012, 07:06 AM
hi atty. i want to ask lang po ano pong pede kong gawin in my case po i got married year 2005 in manila city hall. I was a battered wife then, and he was never a good provider to us. Hiwalay na po kame since 2006 and there was never a moment na nagsupport cya sa amin up to now, even if dalawa po naging anak namin. Year 2003 po when we had our 1st child, 2x na po kame naghiwalay nun third time po ng year 2006. I was too naive then atty. hinde ko alam na pde na pala ako mgfile ng kaso sa kanya dahil nga po battered wife po ako, and ako pa po ang bumubuhay sa famliy ko nun. I never had a copy of my marriage certificate/contract. I wonder sir kung anong dapat kong gawin, i don't even know his whereabouts. Gusto ko po sana mgpakasal ulet, possible po ba.,ano pong kailngan kong gawin?
thank you so much, God bless

sarah veron
18th March 2012, 11:38 PM
helo po atty. i was married 2005, pregnant na po ako nun sa pnglawang baby ko po. Year 2006 ng naghiwalay na po kame ng tuluyan. Since then, d ko na p alam whereabouts nya up to now. Ask k lang po if possible makasal ulet ako, ano pong kelangan kong gawin. Hindi rin po cya ngssuport sa mga bata eversince. Ako po ngwowork the whole time. Sana po you'll let me know what to do. Thanks po

Atty. James S. Biron
25th March 2012, 05:37 PM
Embeng,

Is our marriage void from the very beginning?

- On the basis alone that the sex was not properly indicated in the birth cert, the marriage would still be valid. Mistake in the designation in the birth certificate will not make the marriage void.


If maayos niya birth certificate and the change of gender is approved, will that mean that it goes along with his birth certificate that we used to apply for our civil wedding? Thank you so much Atty.

- The main entry will be changed but the photocopies of the old record will still subsist. But that is no longer a problem, since the main record has already been changed.

Atty. James S. Biron
25th March 2012, 05:43 PM
Solo_mom, you're welcome!

Atty. James S. Biron
25th March 2012, 05:45 PM
Kisses,

Kahit hindi mo ipaalam sa kanya, ang court ang magpapa alam sa kanya, kaya walang ligtas. Malalaman nya pa rin.

Atty. James S. Biron
25th March 2012, 05:59 PM
Hi freeME,

1. That is just a defect in a formal requisite of marriage which will not affect the validity of your marriage.

2. You were already 21 years old during that time, you only needed parental advice not parental consent. Failure to get parental advice will not affect the validity of your marriage.

Atty. James S. Biron
25th March 2012, 06:07 PM
Good day too, GeoffGarcia!

Is it possible to have a marriage certificate without a marriage license?
- Yes, but the marriage is not valid. So there's no point in having a license when the marriage is void.

What if she really does not have a marriage certificate?
- Then the marriage will be void.

Where can we go to file a petition to nullify her marriage?
- Court.

How long does this take?
- It depends on several factors. No one can tell you exactly how long it would take.

What are the documents that we need?
- The petition for declaration of nullity. Your proof that there was no license. The marriage records and all other evidence you can gather.

Atty. James S. Biron
25th March 2012, 06:10 PM
Scarlet,

are there cases that are not approved?
- Yes, when there is no ground to declare the marriage void.

do i need anything else?
- All documents you can gather to prove that he was only 17 and that a marriage took place during that time.

do i have a good chance to win this?
- Yes, if you can prove that he was indeed only 17 during that time, then you will have a good chance of winning your case.

shane33
27th April 2012, 03:46 PM
Dear Atty. James Biron
I was married last 2002 and then me and my husband separated 2005. Matagal na po siyang hindi nag susuporta sa mga anak ko at tsaka may mga anak siya sa ibang babae. Tapos may bagong babae naman siyang kinakasama ngayon. Pwede po ba akong magfile ng Legal Separation or nullity.?tnx..

gretch
29th April 2012, 04:50 AM
atty, nag private mesage po ako sa inyo sna po matulungan nyo kami..slamat po..

Albion
8th May 2012, 05:40 PM
Thanks for sharing this information.

swordfish_mark
22nd July 2012, 06:00 AM
Atty., pls advice, my wife used a different name(probably through illegal ways) and we got married. she was previously married to her original name. i want to nullify the marriage because her marriage was nullified two years after we got married in her fake name.

haunt
18th August 2012, 02:25 AM
Atty , read in forums ,that when you file annulment and lost..that it is lost forever???. You cannot file for declaration of annulment again if you lost already?? My 2nd wife left with another men and in a different country now. can she file declaration of nullity even if she is not in the Phils as per current FC law? You can file damages sa kabit if you know the name right? what evidence do you need, does admission of having kabit enough ??

if my 2nd wife gets pregnant by anothwer man abroad, will i be the legitimate dad because she's married to me??

thank you

Trinamei
27th August 2012, 09:15 AM
Hi Atty. Biron,
In my case, I know that my marriage in the Philippines is null and void and that is according to the Canadian Immigration, which makes my marital status "COMMON-LAW". I've been separated since June of 2009. Now I'm using a "SEPARATED" marital status.What makes me confused is that, I have a LEGAL CHANGE OF NAME here in canada and I am now a CANADIAN CITIZEN, do I still need to declare the nullity of my marriage in the Philippines before I can contract another marriage? I know for a fact that I am now under the CANADIAN LAW, for a canadian to contract a marriage, he/she only needs a LEGAL CAPACITY TO CONTRACT A MARRIAGE. I do believe that If I am going to request for the said LEGAL CAPACITY, I'll be using my new name and my current marital status which is SEPARATED from COMMON-LAW as well as my CANADIAN citizenship. Please help.

Thank you so much!
Trinamei

geoffgarcia619
6th September 2012, 03:19 AM
My partner was married in Iglesia ni Cristo in 2010. She never loved the man who got her pregnant but her parents arranged their marriage to avoid humiliation. After the wedding there was no honeymoon, and they separated ways. It has been 3 years since she gave birth to their daughter but she never received any financial support from the guy. I became her partner a year after that and now I shoulder the financial need of her daughter. We want to file an annulment but her church does not honor it. Is there a way we can override the church rules and follow state rules instead? Can we still have her marriage annulled or nullified?

anakee
16th October 2012, 02:43 AM
Hi Atty,
I was married in 2001 when i was 23 my husband then was 9 years my senior. our marriage was solemnized under the article 34. we went to manila city hall, my ex-husband's friend referred us to a minister. there was no marriage license. later on i learned that the marriage was registered in noveleta cavite, and that minister was belonged to a religious congregation where none between me or my ex-husband is a member of. our marriage only lasted a few months after the marriage. he remarried after our 5th year of separation. i've read that there should be an affidavit that needs to be signed re article 34 though i admit it was that clear to me during the marriage. should that affidavit be a separate document or is that the one checked at the back of the marriage contract. May I know what my chances to be granted a declaration of nullity by the court?

Thank you.

emmyfaith103
8th November 2012, 06:56 PM
Deat atty.

I filed a declaration of Nullity of my marriage on 2010. I got a leter from the court
signed by the judge that my request was granted... Then when i phone my lawyer
she said..the case was dismissed bcos i had to attend the final court hearing.
i was not able to attend to that bcoz of very important matter to settle. Now
i was again inform by my lawyer to re-file the case? Please advise me what to do!
Thank you for your kind help!


Respectfully yours,

Imelda O. Balmaceda

jenjen26
13th December 2012, 11:20 AM
hello everyone! I just wanna ask about the case of my mother. She was married in 1986 with my father. They are both Roman Catholic. They have 2 daughters. Me and my Ate.. The church where they married was in AGLIPAY CHURCH/PHILIPPINE INDEPENDENT CHURCH. My mom knew from the start that they should have not married there because the parish priest has wives and children, dala na rin ng pressure ng kamag anak ng daddy ko hinayaan nlng nya khit alam nya na hindi nila ito religion.

After 3years my mom and dad separated. I'm not close with my father and that time dala na kame ni mama ko kung san man sya tumira.. My mom re-married in 2002 with my stepfather (which for me, i consider my father). My question is pwede po ba kasuhan ang mama ko? possible po ba na BIGAMY? What solution po mapapayo nyo?

Next year po punta nako states and if pwede nako mag citizen pepetition ko mama ko, and one required sa embassy that should be submitted ata is Marriage Certificate and annulment papers from previous marriage. Possible ba ma-blacklist Mama ko sa embassy? o ma-deny? at makasuhan pa sya bigamy? Pls pls help us po by replying! Salamat po! What's the step po na kelangan gwin? :(

jen

jenjen26
13th December 2012, 11:35 AM
hello everyone! I just wanna ask about the case of my mother. She was married in 1986 with my father. They are both Roman Catholic. They have 2 daughters. Me and my Ate.. The church where they married was in AGLIPAY CHURCH/PHILIPPINE INDEPENDENT CHURCH. My mom knew from the start that they should have not married there because the parish priest has wives and children, dala na rin ng pressure ng kamag anak ng daddy ko hinayaan nlng nya khit alam nya na hindi nila ito religion.

After 3years my mom and dad separated. I'm not close with my father and that time dala na kame ni mama ko kung san man sya tumira.. My mom re-married in 2002 with my stepfather (which for me, i consider my father). My question is pwede po ba kasuhan ang mama ko? possible po ba na BIGAMY? What solution po mapapayo nyo?

Next year po punta nako states and if pwede nako mag citizen pepetition ko mama ko, and one required sa embassy that should be submitted ata is Marriage Certificate and annulment papers from previous marriage. Possible ba ma-blacklist Mama ko sa embassy? o ma-deny? at makasuhan pa sya bigamy? Pls pls help us po by replying! Salamat po! What's the step po na kelangan gwin? :(

jen

Atty. James S. Biron
22nd December 2012, 04:32 PM
Haunt, that is not accurate. There are several bases for filing an annulment, if you lost on one ground, you can use other grounds for annulment (assuming there is any in your specific case). She has to be present in the Philippines for her case to prosper. Yes, you may ask for damages. if you have a written admission or a video or sound recording of it, then that would be a good evidence. You will be presumed to be the father of the child, but you can still impugn the legitimacy of that child.

Atty. James S. Biron
22nd December 2012, 04:42 PM
Shane, you may file a case for legal separation.

Atty. James S. Biron
22nd December 2012, 04:44 PM
Swordfish_mark, yes, you may have it nullified.

Atty. James S. Biron
22nd December 2012, 04:51 PM
Trinamei, i suggest you consult a Canadian a lawyer. I am not in the position to answer your query since I do not practice Canadian law.

Atty. James S. Biron
22nd December 2012, 04:53 PM
GeoffGarcia, our Family Code is not dependent on what the law of a particular church states, thus even if that church do not accept the court order, still the order will have predominance over the church law.

Atty. James S. Biron
22nd December 2012, 04:57 PM
Anakee, you have a very good chance to be granted an order declaring such married void.

Atty. James S. Biron
22nd December 2012, 05:06 PM
Jen, please see my reply to your query here: http://www.jamesbiron.com/forum/showthread.php?832-Bigamy-Pls-help!&p=2238#post2238

mel01
6th April 2013, 02:07 PM
hi, my parents got married year 1989, dinaya lang ang age ni mama she was 17 but they put 20. I believe they live together for 5 or more years but got separated. now, nakapagpakasal si papa sa bagong babae because NSO issued them cenomar at sinabi pa ng asawa ni papa na hindi registered ang kasal nila mama at papa. Out of curiosity i checked sa NSO and nakakuha ako ng marriage cert. nila. how come na nakakuha po sila ng cenomar if nasa file naman ang kasal nila mama and sa pagkakaalam ko wala naman pong nag file ng nullity of marriage. my mother who just came from abroad want me to get copy nung cenomar para maitanong sa NSO but due to umiiwas din sa issue, tyumityempo pa ko para makuha un ng di nalalaman ng asawa ni papa (not my mom). anu po pwede namin gawin ngaun? pls help. ty

Juliene Xen
25th April 2013, 03:52 PM
Hi attorney,

I want to file for declaration of nullity. I was physically, emotionally and sexually abused by my own husband. Can this be a ground for declaration on nullity of marriage?Do i need medical certificates as evidences?What are the alternative evidences that I need to acquire. This happend 2 years ago and Im not living with my husband anymore but I want our marriage to be delcared null and void. Please Help. Thank you.

Atty. James S. Biron
1st May 2013, 07:18 AM
Hi Mel, what do you intend to do eventually? Assist your mom in filing a case against your father? If indeed the marriage of your parents is in the file of NSO, there is high probability that the cenomar obtained by your father is spurious.

Atty. James S. Biron
1st May 2013, 07:24 AM
Hi Juliene,

These are not grounds for Declaration of Nullity, these are grounds for Legal Separation under Art. 55 of the Family Code. You may file a case against him for legal separation but the effect of legal separation is not the dissolution of your marital ties.

rhoze
5th May 2013, 10:28 PM
magandang gabi po sa inyo attorney.

naglakas loob po akong idulog ang aking sitwasyon. itatanong ko lang po sana kung may bisa po ang aming kasal ng aking asawa.
Kami po ay kinasal noong February 2001 sa huwes, ako po ay 17 taong gulang lamang noon at ang aking napangasawa ay 20. Buntis po ako noon kaya kinakailangan mo kaming ikasal sa huwes. Pineke po ng aking mga magulang ang aking edad at ginawang 18 para lamang po kami maikasal. ako po ay ipinanganak nong October 18, 1983, nagkaron po kmi ng 2 anak
Sa una ok naman po ang aming pagsasama pero nong dumating po ang panahon na nakapagtrabaho ang asawa ko sa abroad bilang seaman, Noong una po ay ok pa ang aming pagsasama hanggang sa dumating ang panahon na di ko na po matagalan ang pambabae ng asawa ko, ang masakit ako pa ang inakusahan na may lalaki sa tuwing sya ay nasa barko.
Dahil po dito nagdesisyon po kaming maghiwalay na lamang. Nagkaroon po kami ng kasunduan sa harap ng abogado na susustentuhan ang dalawa naming anak ng 15 thousand every month pag nakasakay sya sa barko at tataas po kada taon, sa una po ay kulang 10 thousand po ang pumapasok sa allotment na iniwan nya sa akin pero habang dumadaan ang buwan ay unti-unti na pong nababawasan hanggang sa wala n akong natanggap.
Sa ngayon ay 4 years na po kami hiwalay. Nabalitaan ko po na may kinakasama n syang iba at may anak na sa iba.
Sa kasalukuyan po ay nagtatrabaho po ako dito sa hongkong. Gusto ko lang po sanang malaman kung may habol po ako sa sustento ng aking mga anak at kung may bisa po ba ang aming kasal attorney? kasi po nong kinausap ko sya ay ipapa null and void daw po nya ang kasal namin para makapag pakasal sya sa iba.

Lubos po akong umaasa na sana ay mabigyang kasagutan ang aking mga tanong.
Maraming salamat po at more power pa po sa inyo.



Aquarius Girl.

Atty. James S. Biron
6th May 2013, 10:06 PM
Good evening too, Aquarius Gril,

Your marriage is void. This is because you were married below the marrying age of 18. For this reason you have no legal capacity to enter into a contract of marriage. You and your child has a right to support.

However, the amount of support will be determined by the Court depending on your need. For example, if the Court determines that you need more than P10,000 then it may order that a higher amount of support be given by your former partner. On the other hand, if it determines that you only need less than P10,000, it may also make such an order.

mojen0904
10th May 2013, 05:43 PM
Good day, I’m married for four years but 4 years na din separated, dec 2009 ako kinasal, august 2010 kami naghiwalay 7 months pregnant ako that time, kc may nagustuhan cyang babae at until now cla pa din, gusto ko sana magfile ng legal seperation and madami din po ako patunay na nagkaroon cya ng sexual infidelity, anu po ba ung mga need na requirements, how much po ang magagastos po. thank you very much

fatima
15th May 2013, 08:06 PM
Dear visitors, please post all your questions regarding declaration of nullity of marriage in this section of the forum. Thank you.

Dear Atty Biron,

Gusto ko lang pong humingi ng advise regarding sa Petition for Declaration of Nullity of Marriage, gusto na po kasi namin magpakasal ng boyfriend ko nandito po kami ngayon sa Abu Dhabi, the problem is kasal po sya sa isang Portuguese nung nasa Macau pa sya para maging citizen doon para magkaroon ng magandang trabaho..

Hindi nya kilala yung babae hindi rin sila nagkita.. may nag.arrange lang po ng marriage nila at binayaran yung Portuguese that was more than 10 years ago.. at nakita ko rin na meron syang copy ng marriage certificate from NSO.

Ano pong case ang pedeng ifile don tama po bang "Petition for Declaration of Nullity of Marriage, ano pong pedeng gawin?:.. How long will it take. Pede rin po ba dito sa Abu Dhabi ayusin if in case.. kasi po my bf is 42 and i am 38.. and wala na akong time mag.antay ng matagal.. ano po ang maadvise nyo...

Thank you po.. and hope to hear from you.

Fatima Galvez

Atty. James S. Biron
16th May 2013, 10:13 AM
Hi Mojen, please read the email I sent to you. Thank you.

Atty. James S. Biron
16th May 2013, 10:27 AM
Hi Fatima, please read the email I sent to you. Thank you.

Nerie
20th June 2013, 11:23 AM
Gud pm atty. may problema po ako ngpakasal po ako sa japanese mag 2 years plang kmi kasal ngaun october 2011, march po ng 2012 knuha nya po ako sa japan bngyan nya po ako ng visa ng 1 year, pero kinulong nya lng po ako dun inalila so nung ngkaroon po ako ng pagkakataon na mkauwi sa pilipinas umuwi po ako at di na po ako bumalik ulit sa japan nung december po nkiusap po sya na mgbabago na sya at pagtatrabahuhin nya na po ako..pumyag po ako sa kondisyon na pgtrabhuhin nya ako pra mkatulong sa family ko kc di nya nman po sinusuportahan un magulang ko...ngayon po nandito po ulit ako sa japan,,nkakapagtrabaho na po ako.. Kaso po pinhihirapan nya po ako halos di na po ako natutulog gngawa nya po ako katulong tintgo nya po ako sa mga staff nya ntatakot po ako sa knya,gusto ko po na po sana mkipaghiwalay sa knya meron po ako ako memory na nkikipagsex po sya sa ibang babae jan sa pilipinas magagamit ko po ba yun ebidensya at anu pa kailangan ko gawin para mpagtibay na nhihirapan po ako sa knya feeling ko po kc may mentally disorder sya,.ntatakot ako bka kung anu gawin nya sa akin at kung anuanu pa po ang pingagawa nya sa akin na hindi nman po krapatdapat bilang magasawa kmi..gusto ko po sana mkipaghiwalay sa knya, pero gusto ko po sana hingin na sustentuhan nya po un pangangailangan ko at maextend un visa ko pra mkapagtrabaho po ako ng mtgal dto..anu po ba dapat ko gawin 1 year po ulit un visa ko bngay nya.. Gusto ko po sana maextend.. At meron po ba ako mkukuha sa knya pagnkipagseperate ako pangatlo na po nyanako pinakasalan may laban po ba ako? Magkanu po kya mgagastos ko pag magfile po ako at pwede po ba jan ang proseso at kung pwede po magknu po ang service nyo.. Salamat po in advance

Atty. James S. Biron
21st June 2013, 09:16 AM
Nerie, I sent you an email, please check it. Thank you

Amor
30th June 2013, 08:50 PM
Good evening Atty. I am a public school teacher for 2 years now. My husband and I were married Dec.22,2007. We do not have a child. I knew from the very beginning that he is a homosexual. Our marriage turned sour because he cannot live without his mother and siblings. I eventually lost my trust on him when he named our latest property to his mother without my knowledge to which I have filed 360k loan . I do not see any reason to pursue the marriage and decided to file for annulment. Which among these can be a strong reason for annulment? Can I possibly file asap considering that we are only separated in fact last Feb. 2013. Can I sign a waiver not to claim from any of those we have acquired? If it is possible, can that fasten the process of annulment?
Thank you so much.

Atty. James S. Biron
2nd July 2013, 02:21 PM
Good day, Amor. I sent you an email, please check your inbox.

knight
12th August 2013, 08:01 PM
hi atty. I bumped into your website and I must say, it is really informative and very helpful.
i have a problem. i want my marriage to be declared null and void or annuled, or what could be the right term. first i must disclose that i am a man of limited means. my only source of fund is my salary, which is honestly not much. we wed last year of december and separated (not living together) since march of this year. now i am finding possible grounds for annulment or nullity or whatever (ill just refer to it as annulment for the sake of discussion). first is the psychological incapacity, but that would be more expensive becuase there would be psychologists to be paid. i was reading the family code when I found out about the authority of the solemnizing officer. when I searched the name of our SO in the SOIS (nso's website for SO's), there were no results. he is not in the list. I am yet to verify this to the civil registry and nso.
questions
1) is this a stronger ground than psychological incapacity?
2) what is odd in our marriage contract is, the place of marriage, we were wed in manila city hall, but the place says in sta.mesa.
3) our SO is a minister, i am not sure yet what religious sect, i will check, but we are both catholics. and as far as I know, for catholics, only priests are registered as SO, and it is against their bishop something to solemnize marriage not in church. if he is from religious sect other than catholic, our marriage is void right?
4) supposing he was not authorized, or authorized but belonged to another religious sect, there is still another problem. the clause in article 35 "if both or either contracting party believed in good faith...the marriage shall be considered valid". I dont quite understand what is "good faith". because obviously, we believed that he was authorized. why would we let him marry us if we knew he was not authorized? i mean, generally speaking, who would? i dont see the point of this ground. although we "believed", there was no actual effort on our part to verify, no questions asked, no nothing. would this count as "believed not in good faith"?
5) if not exhausting efforts to verify be considered as "not in good faith", how would I prove this? my wife could surely say she did believe in good faith since it's okay if either of us did.

i really hope you would respond. u can also send me an email. thanks a lot.

Atty. James S. Biron
14th August 2013, 09:11 AM
Knight, I sent you an email. Please check it.

crow121231221
24th September 2013, 02:57 AM
Atty,

I keep reading about invalid license and stipulation on marriage still being valid if the parties lived together for 5 years.

What are the grounds to prove that a husband and wife did not live together for 5 years?

Is the requirement live together for 5 years before getting married or after getting married or either?

If the marriage license is invalid but the exception is if the parties lived together for 5 years how is that proven or disproven? Who is the burden of proof on the petitioner or the prosecutor?

Thank you

crow121231221
24th September 2013, 03:16 AM
Atty,

1) I have been reading the forum and read an instance of a user that posted:

"No license & ceremony but we got a marriage certificate filed in pasig but we were from Val. A year after we had a wedding ceremony, still did not apply for a license. My petition is nullity of marriage, my lawyer is confident that we will win the case but we did not. The court denies my petition. Judge said that I came there with clean hands & was aware of it plus the church wedding is a confirmatory & cleanses the defects of the mc dated Jan 25."

It seems that it is clear cut if there is not a valid marriage license and it is not proven that the parties cohabited for 5 years and other exemptions for having a marriage license based on Article 2 of the Family Code on what grounds can the judge deny the petition. It seems from what was posted the judge gave a decision based on personal beliefs versus the Family Code. If this occurs what recourse is there? How often do you think this would occur. It seems that invalid license would be a strong case for null and void of the marriage.

2) In your opinion if a marriage license is invalid what is the best way to prove this?

3) If the parties are aware that the marriage license is fake at the time of marriage I am assuming the marriage is still void. Do you know how often it is the case that criminal proceedings are held in which the parties are held liable for falsification of a marriage license. If the parties got a fixer to take care of the marriage requirements would the liability be on the fixer or would it still be on the two that were wed under the false marriage license.

Thanks

Atty. James S. Biron
26th September 2013, 11:35 AM
Crow, I sent you an email. Please check it.

sattelitekid
18th December 2013, 06:07 PM
Hi Sir, tanong ko lang po kung pano ko hihiwalayan ung asawa ko pero gusto ko po mapunta sakin ang anak namin. kinasal po kami 2006 pro nasa abroad po ako,2009 po kami ngkaanak, nalaman ko po last 2010 na ngkaron sya ng relasyon sa ibang lalaki at ngkaanak pa sila kaya mula noon nghiwalay na kmi at ngbibigay nalang ako ng sustento sa anak namin. pero nung umuwi po ako para magbakasyon, nakita ko ung anak ko na sobrang payat at pakiramdam ko po ay d napupunta sa kanya ang pinapadala kong pera, ngaun po ay may gf na ako dito sa singapore at gusto ko po sya pakasalan, ano po ang maipapayo nyo sakin para mahiwalayan ko na sya at makuha ko ang anak ko, hin di ko nmn sya tatanggalan ng karapatan makasama paminsan ang bata at pwede po bang magpirmahan nalang kami na wala na kami pkialam sa isat isa, ngaun po ay nasa hongkong sya ngtatrabaho, at ung anak ko ay nasa magulang nya, nararamdaman ko nnmn po na di napupunta ang pera na para sa anak ko. sana po ay matulungan nyo po ako, salamat

Atty. James S. Biron
28th December 2013, 08:12 PM
Sattelitekid, you may file a petition for legal separation in Court or if there are grounds for nullity or annulment you may select those options, include a petition for child custody.

kheesa
3rd January 2014, 08:08 PM
[QUOTE=Atty. James S. Biron;254 1]
Good Day po Atty.! Isasangguni ko lang po sana ung problema ng kapatid ko. Nagpakasal po kasi nung March last year na hindi po pinaalam sa amin. Nitong december lang po niya pinagtapat sa family namin na kasal na siya. Tinignan po ng mother namin ung marriage certificate nila, wala po pirma dun sa dapat pirmahan ng parents sa parental advice at that time po kasi na kinasal siya 22 lang po siya tapos nakita namin dun sa mc niya ang nakalagay na age niya is 28. Valid po ba yun. Humihingi po uli ng kasal ang parents ko dito sa lugar namin at gusto niya sa mayor na lang pwede pa po ba iyon?

Maraming salamat po at Godbless

kheesa
4th January 2014, 11:15 AM
Goodday po Atty.! Nais ko po sanang isangguni yun nagyari sa kapatid ko. Nagpakasal po kasi siya nun March last year sa Quezon City ng hindi namin alam, nitong december na lang niya sinabi sa amin yung totoo. Ngayun ang gusto po ng magulang namin magpakasal uli sila dito sa probinsya. Tinignan po namin yung marriage certificate nila ala po pirma dun sa part ng parents, saka po 22 po siya nu kinasal pero ang nakalagay po dun sa mc niya na age is 28. Nung tinanong po namin panu nila inayos papers nila sabi lang ng kapatid ko may kakilala daw yung kaibigan ng asawa na nag-asikaso ng papers nila, pinafill up lang sila ng mga kailangan information then nun sa araw ng kasal sa bahay ng groom ginanap yung wedding at isang reverend umano ang nagkasal sa kanila after the wedding dumating na yung original marriage certificate nila na galing sa municipyo ng caloocan. Ang tanong ko po valid po ba yung kasal, kung sakali pwede pa po ba siyang ikasal sa civil dahil iyon po ang kagustuhan ng aming magulang.

Maraming salamat po at GodBless! :)

MingMing
7th January 2014, 12:30 AM
#Who can file the petition for declaration of nullity of marriage?

Hello Atty. In case of a marriage that has a ground to be declared as void (void ab initio), who can file such petition? From what I've read so far, only the spouses can file the petition but I just want to really confirm this. For example, is there any chance that any of our relatives can file the petition (for example, either of our parents)?

Atty. James S. Biron
20th January 2014, 10:24 AM
Kheesa, that fact will not affect the validity of marriage since your sibling is already 22. All he/she needs is parental advice, lack of it will not affect the validity of marriage. Thus, there is no need to repeat the marriage.

Atty. James S. Biron
20th January 2014, 11:35 AM
Mingming, Sec 2(a) of the Rule provides that solely the husband or the wife can file the petition for declaration of absolute nullity of marriage

sheryl
23rd January 2014, 01:42 PM
Hi Atty.,

I am one of those who got married without ML and signed Affidavit of Cohabitation (can't remember ilang yrs probably 5 yrs din ang nilagay ng nagkasal samin) para lang maikasal kami without attending the required seminars; but, the truth is 3-4 months lang kaming naglive-in ng ex-husband ko kasama ng mother at kapatid ko sa bahay namin before ng kasal.

I've read this can be a ground to nullify my marriage. However, I am afraid of the consequences like the possibility of having criminal charges (perjury on the affidavit). Pero just in case po na ito ang gamitin kong ground, sino po pdeng magkaso samin? Ilang % po kaya ang possibility may magkaso po? Sa pag-search ko po kasi sa internet, wala po akong makita na case of perjury for those with cases of marriage declared by court null and void dahil sa falsity ng affidavit of cohabitation. Ano po kaya ang maximum penalty sa ganitong kaso?

One of his last message to me nung mag-away kami (May 26, 2011) was he didn't use his true name to our MC, na hindi ko kilala yung totoong siya, as he denied lahat ng kung ano ang pakilala nya sakin like his name, employment status, etc. With these messages from him, perhaps, can I list art. 35 "Those contracted through mistake of one contracting party as to the identity of the other" as a ground? Ano po kayang pdeng i-present as evidences?

Atty. James S. Biron
5th February 2014, 09:08 PM
Hi Sheryl, yes indeed it can be a ground to declare a marriage null and void, based on the case of De Castro v. Assidao-de Castro G.R. No. 160172. Any person who was offended or affected by your conduct could file a case against you. As to the probability, that's not easy to say. Meanwhile, falsity in name and employment status will not void a marriage on such bases only.

ryloz
24th February 2014, 12:35 PM
Hi Atty.

Just want to ask about my case:
Me and ex wife got married March 19, 2005. Everything was in rush since she is pregnant (2 mos) by that time. Wala kaming balak magpakasal pa by that time dahil prior sya na buntis gusto nya na makipag hiwalay sa akin. pero nag insist ang family nya na ikasal kami so napilitan na kami pareho at mommy nya na nag ayos ng papers march 14 may pina sign sa akin na papel at now ko lang nalaman na for marriage license pala yun... Then March 19 ikinasal kami sa bahay nila at legal yung solemnizing officer na nagkasal sa amin under spiritual filipino catholic church... naka video po ang kasal namin...now nung kumuha ako ng kopya ng MC nalaman ko na ang date ng kasal namin is April 25, 2005 and ginanap sa office ng solemnizing officer sa Pasay City Hall, last year kumuha ako ng Marriage license na naka registered sa San Juan City Hall at ang date release ng ML namin is March 25, 2005....
Now ang tanong ko pwede ba maging basis ng nullity of marriage yung ikinasal kami na wala pang marriage license? (actual date ng kasal is March 19 pero marriage license date release was March 25, 2005)
ang mga ebidensya ko dito is actual video footage with dates kung kaylan naganap ang marriage, mga anniversary card namin ng ex ko, wedding ring with date of our marriage anniversary? Then pwede ako mag harap ng mga witnessed... Nag hiwalay kami ng ex ko kasi nabuntis sya ng ka relasyon nya sa work at sabi nya choice nya rin yun. may anak kami na babae 7 years old na at pina ubaya nya sa akin ang custody nun. Hope ma en light nyo ako sa case ko. I guess pina fixer ito nung solemnizing officer! I have a copy of marriage license from San Juan City Hall sa part ko wala akong parent consent since nasa Mindanao parents ko at ayaw din nila ako makasal, sa side ng babae mommy nya ang nasa pinas ang father pina forge nila ang signature.


Can my marriage be void under this circumstances?
1. No ML prior actual ceremony and also iba yung date ng actual ceremony compare sa nakalagay sa MC.
2. Hindi kami member nung sect ng solemnizing officer na Spiritual filipino catholic church (i even dont heard about this) eto yung nakita kong grounds talaga- ano yung kailangan ko na evidence if this is the case?

Hoping for your reply.

Thanks,
Ryan

Atty. James S. Biron
1st March 2014, 05:47 PM
Ryan, please see my email reply to you. Thanks

xhiena
1st April 2014, 04:16 PM
good pm atty.
i was married in Sep 25, 2005 at Quezon City but the marriage contract shows Nov 25, 2005 as the marriage date. we never filed for a marriage license but in my marriage certificate a marriage license number appears in it and it also shows records (Marriage license) upon checking at the local registry office of QC city hall. All i remember was when we went within the area of Quezon City hall I was asked to fill up a blank form and a solemnizing officer officiated our civil wedding. is my marriage considered void? since we did not follow the normal procedure in getting a marriage license (none of those requirements for marriage license were submitted and we didnt even lived together prior to the marriage).And fyi, he is a Muslim and I am Catholic & we were already of legal age then. As of now we've been separated for two years and we dont have any kids.. i hope u can advice and help me with this matter… thanks.

InaLacson
6th April 2014, 03:33 PM
Hi Atty!

Good Day! I'm Ina Lacson from Bacolod City. I just have a question regarding my brothers case. They already filed it in court and done with all the hearing procedures. I think they're waiting for the decision na.

He filed nullity of marriage kase he can't take his wife and the family as well. They got married kase nabuntis na yung babae, my brother was 23 I think that time and the girl is 27. They falsified the cohabitation thing para mailagay na 5years sila nag live in in order for them not to get the license. Plus yung inilagay sa marriage cert nila they were married sa Isang steak house dto (which their reception and the place where they were solimnized) diba po they need to have that request if they want to get married outside the court? So yun po. Is that annulment? Or nullity if marriage po?

Also atty my question po is waiting for the decision po ano po yung after nun? Are we almost done po? Sorry atty ha nasa states kase yung lawyer ng brother ko and he doesnt want to talk about it na ttrauma sya kase. Thank you po! Sorry can't find po how to post this seprately!

Totski Borbon
11th April 2014, 06:13 PM
hello po atorney tanong lng po ako magkano po bayad sa declaration of nullity?

alenha126
8th May 2014, 10:06 AM
Hi Attorney,

My husband and I got married Feb 2008 in Manila City Hall. Wala pong marriage license, the address in our marriage certificate was in "MY" house daw in San Juan but I never lived in San Juan ever. So with this it is considered void in the beginning. My question is my husband and I got separated June 2010, she is now living with a new wife and their kid by September 2010. I want him to file the declaration of nullity of marriage for me to skip the lawyer fee since I have to undergo an open heart surgery din and the fact that he is not supporting our kid. Kelangan ko pa din po ba ng lawyer or will his lawyer suffice? also can i require him to support our kid kahit kaya ko naman? and is it ok if sya yung magfile kahit may kinakasama na sya and ako yung wala? If I will be needing a lawyer po Can I get you and how much? Thank you so much!

Atty. James S. Biron
14th May 2014, 09:28 PM
Xhiena, I sent you an email. Please check your inbox. Thank you.

Atty. James S. Biron
14th May 2014, 09:32 PM
Hi Ina Lacson, that is for nullity. The decision of the Court will determine what will happen next. But once it is issued, the case is done. Your brother just needs to follow the order of the Court.

Atty. James S. Biron
14th May 2014, 09:34 PM
Dear Totski, please contact me once you're back in the Philippines.

Atty. James S. Biron
14th May 2014, 09:35 PM
Dear Alenha, I sent you an email, please check your inbox. Thank you.

Algos
19th May 2014, 01:01 AM
Greetings,

Me and my wife got married last 2007, but since then lagi po kaming nag-aaway at nauuwi sa hiwalayan. Nagpakasal po kasi kami dahil buntis na sya. Only last year na nag decide na muli kaming maghiwalay but this time for good na po. Recently I saw our certificate of marriage and I noticed that her birth year is different (compared to her birth certificate) and her age (the time we got married) is as computed as to what is stated. Therefore, it can't be a typographical error. Yun talaga ang nilagay nya when we fill-up the marriage license form.
My question is can I file a declaration of nullity of marriage on the ground of psychological incapacity based on my evidence along with her compulsive lying and lack of mutual trust? Magiging malakas po kaya ang case ko? Is there any other option para ma-annul ang kasal namin?
As of now we both working abroad. Thank you.

leighnei
25th May 2014, 07:21 AM
Hi Atty,
My husband was previously married 2002 and we also got married March 2010, civil, prior to the finality of his marriage. Finality of marriage came end of 2010.Marriage license was dated on the same day of our marriage. We also had church wedding 2013, but the marriage license used was from our civil wedding March 2010. Is our civil marriage void? How about our church wedding? If both void do we need to file decree of nullity and remarry for the third time to validate the marriage? My concern is we are also planning to apply for us immigrant visa. Should we declare in the us application that he was married before and what if they will found out that his marriage was not yet nullified when we got married. Any advice please.

Atty. James S. Biron
10th June 2014, 12:46 PM
Leighnei, both void, yes you need to file and remarry.

Atty. James S. Biron
10th June 2014, 12:47 PM
Algos, I already replied to your question. Please check the website for my reply.