ShareWe previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Let’s continue the discussion on [...]
Archive for the 'Annulment and Legal Separation' Category
A brief discussion on Infidelity, Concubinage, Adultery and Bigamy
Published by November 23rd, 2009 in Annulment and Legal Separation, Criminal Law and Family and Property Law. 20 CommentsAnnulment in the Philippines: Questions and Answers (Part 4)
Published by August 17th, 2009 in Annulment and Legal Separation. 32 CommentsShareThis is part of the continuing installment of discussions on annulment or declaration of nullity. We cannot answer each question because of certain limitations. Related questions are lumped and discussed in general. Before posting a question, kindly search the related articles in this site. Otherwise, please be patient and wait for future discussions that may [...]
Lack of parental consent or parental advice: Effect on validity of marriage
Published by August 17th, 2009 in Annulment and Legal Separation. 10 CommentsShareI was 20 years old when I got married, but my parents didn’t know that I was married. Is my marriage valid? A number of discussions, through the comments in various posts, center on the validity of marriage without the knowledge or consent of parents. Let’s have a general discussion on this one.
Judicial Recognition of a Foreign Divorce Decree
Published by June 5th, 2009 in Annulment and Legal Separation. 20 CommentsShareDivorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.We already have a number of discussions on this (read more here and here). In certain instances, however, a divorce validly secured abroad by a non-Filipino may be recognized here in the Philippines. What are circumstances [...]
Can someone remarry even without going to court due to absence or separation?
Published by September 23rd, 2008 in Annulment and Legal Separation. 26 CommentsShareCould someone automatically remarry after being separated, or when the other spouse had been “absent”, for several years? There are a number of questions along this line that were posted in the Forum. While there’s already an initial discussion on this, the question keeps cropping up, so let’s put this issue to rest once and [...]
Proposed Divorce Law in the Philippines
Published by August 5th, 2008 in Annulment and Legal Separation. 9 CommentsShareDivorce is a controversial topic, except that it’s often discussed with hushed voices (related discussion here). In 2005, party-list representative Liza Masa of Gabriela filed a divorce bill. In 2001, similar bills were filed in the Senate (Bill No. 782), introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878), introduced by [...]
Annulment in the Philippines: Questions and Answers (Part 3)
Published by January 29th, 2008 in Annulment and Legal Separation. 78 CommentsShareMy fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my “wife” is already using my surname in her documents, including her passport. Am I considered as “married”? No. A marriage license is valid only for 120 days, and any marriage contracted after that period is [...]
Venue of Petitions for Annulment or Declaration of Nullity
Published by November 29th, 2007 in Annulment and Legal Separation. 10 CommentsShareOne of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void [...]
Rule on declaration of absolute nullity of void mariages and annulment of voidable marriages
Published by November 29th, 2007 in Annulment and Legal Separation. 16 CommentsShareA.M. No. 02-11-10-SC RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES R E S O L U T I O N Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed [...]
Costs in seeking an annulment
Published by July 20th, 2007 in Annulment and Legal Separation. 19 CommentsShareThere are a lot of questions posted in this Forum as to the cost or fee for an annulment procedure. The standard reply is: it depends. We could not possibly speak for the standard fees charged by all lawyers and the costs would normally go up if the case drags on as a result of [...]
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