This 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 be related to your query.
Are the grounds mentioned in Civil Code exclusive? If the reason does not fall within the grounds, will the annulment case prosper?
The grounds for annulment or declaration of nullity of marriage, as the case may be, are provided under the Family Code, which amended the Civil Code. These grounds are exclusive. However, the specific facts or acts that support each ground may vary on a case to case basis. For instance, psychological incapacity (Art. 36) was purposely drafted without a specific definition. As noted by the SC in one case, judicial understanding of psychological incapacity may be informed by evolving standards, taking into account the particulars of each case, current trends in psychological and even canonical thought, and experience. The guidelines are not set in stone, the clear legislative intent mandating a case-to-case perception of each situation.
What is the remedy if my spouse could not be found? I’m having a difficult time starting the annulment process because I can’t find my husband (or wife).
The presence of the other spouse in the proceedings is not required, provided there is a valid service of summons. The summons is usually served by handing a copy to the other spouse. However, if the other spouse could not be found, service of summons is done through publication. The petitioner files a motion asking the court, for valid reasons, that summons be served through publication.
My petition for annulment was granted, but before it became final, I remarried. Is my second marriage valid?
No. The law provides that remarriage during the existence of a previous marriage is not valid. The mere fact of filing the petition, or the grant thereof without complying with all the requisites, is not a reason for contracting a subsequent marriage.
My petition for annulment was denied even if my wife didn’t appear. I didn’t tell any lies during my testimony. Shouldn’t the petition be granted considering that my wife didn’t even appear and testify to the contrary?
The absence of the other party is not enough ground to grant a petition for annulment or declaration of nullity of marriage. The court, in deciding whether to grant or deny a petition, must look at the sufficiency of the evidence supporting the ground used in the petition. The court may deny the petition if the evidence presented is not enough, even if the other spouse does not appear. The Solicitor General or the Public Prosecutor may even oppose the petition, on behalf of the State, if the grounds are not sufficient.
I got married without parental advice. Is my marriage valid?
A marriage is valid even if no parental advice was given. There is a separate discussion on the distinctions between “parental consent” and “parental advice“.
How will I know if my attorney is a valid one? Is there a website available to check if it’s valid?
A lawyer must be registered by the Supreme Court. It may happen that a person in Supreme Court Law List: (a) is already dead; (b) had been suspended from the practice of law; or (c) disbarred. It may also happen that the name is registered in the Law List, but the identity of that lawyer is being used by a non-lawyer. Check this previous discussion.
I’m single and I was surprised to learn that a Marriage Certificate is on file with the NSO. My ex-boyfriend is reflected as my husband, but we didn’t get married. What shall I do?
We’ve encountered variations of this problem a number of times. The common thread is this: there was absolutely no marriage, but for one reason or another, a marriage certificate ended up with the NSO. The good news is, it’s relatively easier to show that there indeed was no marriage. The bad news is, a petition still has to be filed to declare the alleged marriage as null and void.
If a Filipino couple later became U.S. citizens, then got divorced, is their marriage still valid under Philippine law?
There are a lot of questions relating to this issue, even with the number of articles (please go here, here, here and here) that deal squarely with this issue. These articles also discuss the situation wherein the foreigner-spouse refuses to file for divorce. Again, kindly search the site before posting a query. Thank you.
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If you can’t find the answers here, please refer to Part I, Part II, Part III, Part V, or other related posts. You can check the Related Posts at the bottom of each post. You can also use the Search function (also in the right sidebar).
i just want to know about the situation ive been through. last 2008 i had an affair to this woman considering not my gf,there was a time when she arrived from her hometown at dumaguete going back here to manila(May 2008) she called me up & then we meet up, something happened. aftwe few months she confessed she was pregnant & regarding to her OB-gyne her due date was february 2009 ( w/c is the exact date the last time we met) i was 21 y/o then, im so scared & chose not to tell my parents about it at that time. but her whole family knows it already. then one day her parents called me to go on their place here in manila where this woman lives temporarily. the time i got there, they hurriedly measured my ring finger with a nylon & told me that we will go to manila city hall to get married, i was shocked & absent-minded. cant do anything but to follow them (thinking about the child that she’s carrying w/c i know is mine) when we’re already at manila cityhall, the judge asked me if where were my parents, before i say anything, her parents answered “nasa abroad” & then her uncle voluntarily said that he’s my uncle & my guardian. her mother told me “tsaka na natin sabihin sa parents mo, wala na naman silang magagawa” (talking about the marriage that was happening). after that they came back to dumaguete & sent me a ticket to go there, November 2008 i went there, when her father & i had a man to man talk while we’re drinking some beer, her father said “buti balang pinanagutan mo yung anak ko, di tulad nung isa” & there they just abruptly send him inside the house. the day after that, her father said “wag mo na pansinin ung nasabi ko kagabi” (still i ignore it as if its not bigdeal anymore.after 3 days, i need to come back in manila because my grandma died.. & after that we didnt see each other & just planned that i will go there again on “our” child’s baptismal. and then, January 2009 she give birth. i asked her why is it a 1 month earlier before her due date computation of her OBgyne. she just said to me that that was the doctor says (without any complication, the baby is healthy or even not putting the baby through incubator) but i still dont have any doubts because i was brainwashed & didnt have any doubts about the baby. a month before the baptismal, i received an e-mail from her cousin. she confessed everything to me before she will go to K.S.A.. she said that she really feel guilty and pity to me of what happened. she said that her whole family knows the truth that child is not mine and the real father did not acknowledge it so i was the last choice. that when she went to manila she’s already a month pregnant. calculating the month early of giving birth, urgently wedding, her father’s slip of tongue. everything!knowing that the child is not mine & they just framed me up! now its about 3 years without communication, i saw her facebook account & just comparing the child to me telling everyone that im so irresponsible, then i messaged her & told her before she tell everyone about me being a “so-called father” to her child, give us some proof, i offered her to have DNA test for her daughter. but she refused to! she said “wag na guluhin buhay nila”. me & my partner cant have a peace of mind because of that. we need a proof because we cant move forward on our future lives. sorry of telling such a long story like this. but i really need someone who can give me an advice of what to do about this. Thanks u po..
i cannot see the answer to my question!
or does questions here are being answered?
atty. fred, i need you help.pls answer my first
question! huhuhu :C
Hi Atty,
I have been separated from my husband for more than 5 year now. He does not send us any financial support. I wanna file for annulment and remarry. How long will it take? Does excessive gambling and no financial support ground for annulment? He does not have any work and never communicate with us. Can you suggest to me lawyers who will not charged high in their annulment processing here in Northern Mindanao. Also I want to drop him from my beneficiary in my Philhealth, SSS and other related documents that needs beneficiary. Can I use my maiden name in getting my passport now even though were not yet legally separated?Please i really need your advise. Thank you
Hi…in my case, im legally married but we lived separate place, no communication at all. is this legal separation? what can say about this case?
Hi, I just would like to ask if my marriage can be considered as null and void. I have been married for five years now, we got married last may 27, 2007, however, it was registered that our marriage happened on may 28, 2007 because the presiding judge wasn’t supposed to preside a marriage on may 27th. I would like to know if this is null and void because I also have problems with my married life and I want to end this marriage. Thank you.
Hello.. I just want to asked if I still need to file for an annulment for a marriage that never took place, but produces a marriage contact that was recorded in NSO and authenticated in DFA and with red ribbon.
This marriage contract was used when I have to give birth in Middle East. Since then (2006) I assume the status of married and change my passport and all my identifications.
Also my boyfriend/husband assume the status of married and now we have 2 kids, but things didn’t go well and we need to part.
what will happen to one who forge my signature in the marriage contract? Will she be in jeopardy?
thanks
is there any chance that annulment be granted if the wife will not sign? are there any other ways on how to file annulment despite the wife not approving the annulment? thanks
Hi Atty.,
i would like yo ask if there is a waiting time before remarrying after getting annulled?
thanks alot…
Do you have any idea how many are waiting for “motion for reconsideration” in the Philippines ? Is the Catholic church in any way involved with the annulment process there ? Thanks
HI sir, my name is Rachel, and been separated for more than a year with my ex hubby, we got married 2003 and had or civil wedding at mayors office that time in our province, and we’ve been separated now for more than a year, someone told me my ex hubby has his own life now with someone,i just wanna ask, because im not using my ex hubby’s last name since then and havent use or checked on our marriage certificate at the NSO, and i just got married to an american a month ago here in Manila, will it be a big problem to me if soon i’ll file a visa in going to US?
My friend is married two to tree years ago and they have a one child but then they both that they are not for each other and the married was an accident because of the baby. after 9 months of being married they separate because of always have an argue every day and some physical and emotional mistreatment, now they both have a new relationship 3 years ago after the wedding and they wan to file an annulment is it possible?
Dear Atty,
Its a a good privilege to link here in your site. I already took a scan details regarding bigamy and concubinage.
I wanted to file an annulment and i am looking for an attorney who can help me out.
We got married last 2004 and i’ve got 1 daughter with him.It’s going 4 years of separation.He said to me that i can’t sue him for concubinage coz i gave him freedom to have an affair- i just intended to give him bec he kept on committing to do it- so i dont care anymore.He got an affair with his colleague and that was happened when i am in Saudi Arabia.I filed an affidavit last 2011 in religious affair in Saudi but i did not get any feedback.This previous months i’d got an information that both of them converted into muslim and took their marriage ceremony in Saudi too with the same colleague who destroyed our marriage.He is not very supportive to my daughter.He is just sending a small amount.I am also working abroad but no longer in Saudi(just an info i am the one who help him to go abroad and practice his profession but he cheated me in the end)and he said he will not take away my daughter so i must give her much support.I am just asking for legal rights and i wanted an annulment.
gud morning.. i want to seek an advice with regards to my friends problem, where, he marry his wife,and abandon her after the marriage and he never see his wife for a quite long time, and he cant afford to consumate their marriage because their is a conflict between them that cant be resolved. was it possible for him to annul their marriage? is their any grounds?
dear Atty.
I’m separated for 9 years and my ex husband had already a wife now and the last time I saw him is 2005 and they already had a 6 months old baby boy. and now I don’t have any news from them.and if didn’t even give any support for my 2 children. just want to ask what to do to marry a foreigner? he will coming here next year to marry me but how can I marry him if I’m still married in court? . please advise and help me what to do sir..
thank you and looking forward for your reply. God bless!
Hi Atty,
I ‘am a married man from batangas city. I got married last April 2008. After 2 years we got separated. This last Dec 2011 me my new gf was getting married. So i got married twice, i know the criminal case that can fined to me. But my question is, Is it possible that our marriage for my second wife could be legal? What i could i do sir?
Pls help me. thanks