Comments on: Presumptive death of a spouse for subsequent marriage http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/ Philippine laws and legal system (JLP LAW blog) Sat, 22 Nov 2008 06:17:32 +0000 http://wordpress.org/?v=2.5.1 By: tijay http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-11704 tijay Thu, 18 Sep 2008 05:39:06 +0000 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-11704 hello!when i read this article i got interested...i also have a problem with my boy friend...he was married since 2003..they got a child...then after that the girl has another men..they also have a child...the problem is, my boy friend don't want to go back to his wife because of that reason..they're not living for almost 4yrs and half now...the question is, how can my boyfriend have his freedom or how can he be annulled to his wife?hope you can help me with this problem...we want to get married...thanks a lot... hello!when i read this article i got interested…i also have a problem with my boy friend…he was married since 2003..they got a child…then after that the girl has another men..they also have a child…the problem is, my boy friend don’t want to go back to his wife because of that reason..they’re not living for almost 4yrs and half now…the question is, how can my boyfriend have his freedom or how can he be annulled to his wife?hope you can help me with this problem…we want to get married…thanks a lot…

]]> By: gregg http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-11228 gregg Wed, 28 May 2008 01:14:25 +0000 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-11228 Please help us! My girlfriend's husband in Philippines left her 16 years ago and has not been in communication with her or their daughter during that whole time. If a court grants a Presumptive Death Petition and we move to the USA and get married, what happens if 1st husband shows up again? If she is already US citizen then what? Thanks so much!! Please help us!

My girlfriend’s husband in Philippines left her 16 years ago and has not been in communication with her or their daughter during that whole time. If a court grants a Presumptive Death Petition and we move to the USA and get married, what happens if 1st husband shows up again? If she is already US citizen then what?

Thanks so much!!

]]> By: julie http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-10901 julie Sat, 08 Mar 2008 22:26:44 +0000 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-10901 hi atty! i hope can give me good advice about my problem, im been separated since 1996 and last year i filed my marriage annul, but still dont know what goin on, my lawyer said the judge he did not sign so we did get hearing about my problem,i have already summons to publication to my husband, because since we separated we dont have communication and he never give support our kids, and also sine we separated i dont know where he is, please help me what to do this my problem, i want my freedom to be happy. thanks i hope you can read this my message soon hi atty!

i hope can give me good advice about my problem, im been separated since 1996 and last year i filed my marriage annul, but still dont know what goin on, my lawyer said the judge he did not sign so we did get hearing about my problem,i have already summons to publication to my husband, because since we separated we dont have communication and he never give support our kids, and also sine we separated i dont know where he is, please help me what to do this my problem, i want my freedom to be happy. thanks i hope you can read this my message soon

]]> By: Cess_721 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-10893 Cess_721 Fri, 07 Mar 2008 02:32:04 +0000 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-10893 Hello, Atty. Fred, Sana po matulungan niyo ako ano po ba dapat kung gawin i was married last december 2006, im married with american then after that hindi na cya bumalik hangang sa mawala na communication namin.. so ini insist ko po na marriege our marriege did not really exist kc pag katpos po ng wedding namin bumalik na cya then hindi na cya bumalik..ano po ba maganda dito para po ako makakuha ng legal separation...and then nagkamali ako kasi pinasa ko agad sa NSO yong marreige certificate namin from local registrar kaya nahirapan na po ako..salamat po More power to you.. Cezz Hello,

Atty. Fred,

Sana po matulungan niyo ako ano po ba dapat kung gawin i was married last december 2006, im married with american then after that hindi na cya bumalik hangang sa mawala na communication namin.. so ini insist ko po na marriege our marriege did not really exist kc pag katpos po ng wedding namin bumalik na cya then hindi na cya bumalik..ano po ba maganda dito para po ako makakuha ng legal separation…and then nagkamali ako kasi pinasa ko agad sa NSO yong marreige certificate namin from local registrar kaya nahirapan na po ako..salamat po

More power to you..

Cezz

]]> By: Atty. Fred http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-8010 Atty. Fred Wed, 13 Jun 2007 08:43:17 +0000 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-8010 Macel, while I can't go into the details of your case, I could say that there's no such thing as having an annulment "without going through a court trial" or an automatic annulment. There are 2 kinds of separation - de facto and de jure. De facto means that you're just separated as a fact, without any court order (which is the de jure...also known as legal separation). Good luck. John, I'm sorry to hear about your predicament. You may have noticed that legal advice is not given in this Forum. I don't want to keep on repeating that, but I have to in order not to offend many members of the Forum. Of course, I could think of remedies that may apply to your situation (as in the other members), but I believe that this is something that should be discussed with your lawyer. I strongly suggest you both work it out. If not, you probably should see your lawyer. Deesian, I believe I already answered you questions somewhere. If I haven't given any answer, please let me know. Macel, while I can’t go into the details of your case, I could say that there’s no such thing as having an annulment “without going through a court trial” or an automatic annulment. There are 2 kinds of separation - de facto and de jure. De facto means that you’re just separated as a fact, without any court order (which is the de jure…also known as legal separation). Good luck.

John, I’m sorry to hear about your predicament. You may have noticed that legal advice is not given in this Forum. I don’t want to keep on repeating that, but I have to in order not to offend many members of the Forum. Of course, I could think of remedies that may apply to your situation (as in the other members), but I believe that this is something that should be discussed with your lawyer. I strongly suggest you both work it out. If not, you probably should see your lawyer.

Deesian, I believe I already answered you questions somewhere. If I haven’t given any answer, please let me know.

]]> By: deesian http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-7845 deesian Fri, 08 Jun 2007 19:01:05 +0000 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-7845 My wife left me since 1984 and from that time on I don't have any idea where she was except that maybe she could still be somewhere in Mindanao, her hometown. I didn't follow her at that time because I'm not interested in taking her back. I didn't take time correcting my status because I did not intend to remarry again until I met this special someone. Now, I planned to have my previous marriage annulled by filing presumptive death of my absent spouse. Is this the right approach and what are the chances that I'll be granted ? How long does this process take? I'm really looking forward to hearing from you soon. Thank you My wife left me since 1984 and from that time on I don’t have any idea where she was except that maybe she could still be somewhere in Mindanao, her hometown. I didn’t follow her at that time because I’m not interested in taking her back. I didn’t take time correcting my status because I did not intend to remarry again until I met this special someone. Now, I planned to have my previous marriage annulled by filing presumptive death of my absent spouse. Is this the right approach and what are the chances that I’ll be granted ? How long does this process take?
I’m really looking forward to hearing from you soon. Thank you

]]> By: John15 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-5160 John15 Sat, 19 May 2007 02:47:52 +0000 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-5160 I am a 55 year old European expatriate living and enjoying generally here in the Cebu. After living together with a woman and had a child for five years, she filed for presumptive death for her former husband who left her some 20 years ago, while she was pregnant. On the basis of this presumptive death we married a year ago. After marrige her attitude changed to the worst. She is permanently blaming me with adultery ( how could she proof?) and making my life miserable. She likes to treat me like her personal property which I cannot accept. I married her on the ground of giving my son a legal status and enable her later to take over my pension claim. Now i found out her husband of 57 years age might still living in Manila. How do I have to proof. her former (Filipino ) husband will definitely not show up by himself as he is fearing repressions from her family. I want to get out of that because I am afraid she is working very hard on an adultery case against me. Any advice? I am a 55 year old European expatriate living and enjoying generally here in the Cebu.

After living together with a woman and had a child for five years, she filed for presumptive death for her former husband who left her some 20 years ago, while she was pregnant.

On the basis of this presumptive death we married a year ago.

After marrige her attitude changed to the worst. She is permanently blaming me with adultery ( how could she proof?) and making my life miserable. She likes to treat me like her personal property which I cannot accept.

I married her on the ground of giving my son a legal status and enable her later to take over my pension claim.

Now i found out her husband of 57 years age might still living in Manila.

How do I have to proof. her former (Filipino ) husband will definitely not show up by himself as he is fearing repressions from her family.

I want to get out of that because I am afraid she is working very hard on an adultery case against me.

Any advice?

]]> By: macel http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-2319 macel Tue, 03 Apr 2007 02:25:57 +0000 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-2319 Greetings in the name of the Lord! I just want to consult you on legal matters about separation or annulment. I am a single mother of two. My kids are in the Philippines and I am here in Canada. I got married in 1993(a month before i gave birth to our first child) and he left us (me and kids) after i gave birth to my second child. That was just a year after we got married. But prior to that, he wasnt coming home when I was pregnant with the 2nd baby. I haven't seen him since then neither talked to him on the phone. In other words, I don't know his whereabouts. Right now, my papers are in the process for the permanent residency in Canada. The problem is, they are asking me to give them a proof of annulment, legal separation or a divorce paper since I stated in my application that I am separated. Would it be possible to get an annulment done without going through court trials? If not, then what advice could you give me to get a quick proof of separation? I am separated (illegally) for 12 years now. Is it true that the marriage is automatically annuled now? Please advise... Thank you so much Greetings in the name of the Lord!

I just want to consult you on legal matters about separation or annulment.
I am a single mother of two. My kids are in the Philippines and I am here in Canada. I got married in 1993(a month before i gave birth to our first child) and he left us (me and kids) after i gave birth to my second child. That was just a year after we got married. But prior to that, he wasnt coming home when I was pregnant with the 2nd baby. I haven’t seen him since then neither talked to him on the phone. In other words, I don’t know his whereabouts.
Right now, my papers are in the process for the permanent residency in Canada. The problem is, they are asking me to give them a proof of annulment, legal separation or a divorce paper since I stated in my application that I am separated. Would it be possible to get an annulment done without going through court trials? If not, then what advice could you give me to get a quick proof of separation?
I am separated (illegally) for 12 years now. Is it true that the marriage is automatically annuled now?

Please advise… Thank you so much

]]> By: Atty. Fred http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-1428 Atty. Fred Fri, 23 Mar 2007 01:43:18 +0000 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-1428 Eiruj, please check the article on <a href="http://jlp-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/" rel="nofollow">Annulment, Divorce and Legal Separation Q&A</a>. Check Q&A No. 7. It basically says that the existence of marriage is not proved solely by the marriage certificate. Someone who got married knows of such fact. Good luck. Eiruj, please check the article on Annulment, Divorce and Legal Separation Q&A. Check Q&A No. 7. It basically says that the existence of marriage is not proved solely by the marriage certificate. Someone who got married knows of such fact. Good luck.

]]> By: eiruj03 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-1347 eiruj03 Wed, 21 Mar 2007 15:49:43 +0000 http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-1347 Atty. Fred, I dont really know if you could answers this question of mine but i will just try. When i was still there in the Philippines, i went to the NSO office so many times to check if i do have a marriage record but i didnt get anything that says that i was married even i checked it in different spelling. So now my ex-husband got a record that says i was married before i just wondering why he got it. In fact, i got my Proof of Singleness thats why we got married in the Philippines last 2004. in short, he used my past as his ground for annulment. Atty, i dont really know what to do cause all my papers are original from NSO and why they didnt give me a copy that i was married before, its hurts me so much i think its very unfair cause now im so confused i dont know what to do. I dont know who's fault it was, im thinking it was NSO's faults because why they didnt give me a record that i was married before i entered into another marriage. But now why they have papers when my ex-husband checked my record at the NSO? hoping your reply soon, thanks and God bless. Atty. Fred,

I dont really know if you could answers this question of mine but i will just try. When i was still there in the Philippines, i went to the NSO office so many times to check if i do have a marriage record but i didnt get anything that says that i was married even i checked it in different spelling. So now my ex-husband got a record that says i was married before i just wondering why he got it. In fact, i got my Proof of Singleness thats why we got married in the Philippines last 2004. in short, he used my past as his ground for annulment. Atty, i dont really know what to do cause all my papers are original from NSO and why they didnt give me a copy that i was married before, its hurts me so much i think its very unfair cause now im so confused i dont know what to do. I dont know who’s fault it was, im thinking it was NSO’s faults because why they didnt give me a record that i was married before i entered into another marriage. But now why they have papers when my ex-husband checked my record at the NSO? hoping your reply soon, thanks and God bless.

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