DECLARATION OF NULLITY OF MARRIAGE

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A. M. NO. 02-11-10-SC
MARCH 4, 2003

   
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 Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, the Court Resolved to APPROVE the same.chan robles virtual law library

The Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003chan robles virtual law library

March 4, 2003

Davide, C.J. Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Sandoval-Gutierrez, Carpio, Austria-Martinez, Carpio Morales, Callejo, Sr. and Azcuna
Ynares-Santiago, on leave
Corona, on official leavechan robles virtual law library




RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES

Section 1. Scope - This Rule shall govern petitions for declaration of absolute nullity of void marriages and annulment of voidable marriages under the Family Code of the Philippines.chan robles virtual law library
The Rules of Court shall apply suppletorily.cralaw

Sec. 2. Petition for declaration of absolute nullity of void marriages.cralaw

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

(b) Where to file. - The petition shall be filed in the Family Court.cralaw

(c) Imprecriptibility of action or defense. - An action or defense for the declaration of absolute nullity of void marriage shall not prescribe.cralaw

(d) What to allege. - A petition under Article 36 of Family Code shall specially allege the complete facts showing the either or both parties were psychologically incapacitated from complying with the essential marital obligations of marriages at the time of the celebration of marriage even if such incapacity becomes manifest only after its celebration.cralaw

The complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity at the time of the celebration of the marriage but expert opinion need not be alleged.chan robles virtual law library

Sec.  3. Petition for annulment of voidable marriages. -

(a) Who may file. - The following persons may file a petition for annulment of voidable marriage based on any of the grounds under Article 45 of the Family Code and within the period herein indicated:chan robles virtual law library


 
(1) The contracting party whose parent, or guardian, or person exercising substitute parental authority did not give his or her consent, within five years after attaining the age of twenty-one unless, after attaining the age of twenty-one, such party freely cohabited with the other as husband or wife; or the parent, guardian or person having legal charge of the contracting party, at any time before such party has reached the age of twenty-one;chan robles virtual law library

 (2) The sane spouse who had no knowledge of the other's insanity; or by any relative, guardian, or person having legal charge of the insane, at any time before the death of either party; or by the insane spouse during a lucid interval or after regaining sanity, provided that the petitioner, after coming to reason, has not freely cohabited with the other as husband or wife;

 (3) The injured party whose consent was obtained by fraud, within five years after the discovery of the fraud, provided that said party, with full knowledge of the facts constituting the fraud, has not freely cohabited with the other as husband or wife;

 (4) The injured party whose consent was obtained by force, intimidation, or undue influence, within five years from the time the force intimidation, or undue influence disappeared or ceased, provided that the force, intimidation, or undue influence having disappeared or ceased, said party has not thereafter freely cohabited with the other as husband or wife;

 (5) The injured party where the other spouse is physically incapable of consummating the marriage with the other and such incapability continues and appears to be incurable, within five years after the celebration of marriage; and cralaw

 (6) The injured party where the other party was afflicted with a sixually-transmissible disease found to be serious and appears to be incurable, within five years after the celebration of marriage.cralaw

 
(b) Where to file. - The petition shall be filed in the Family Court.

Sec.  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.cralaw

Sec.  5. Contents and form of petition. - (1) The petition shall allege the complete facts constituting the cause of action.cralaw

(2) It shall state the names and ages of the common children of the parties and specify the regime governing their property relations, as well as the properties involved.chan robles virtual law library

If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a provisional order for spousal support, the custody and support of common children, visitation rights, administration of community or conjugal property, and other matters similarly requiring urgent action.cralaw

(3) It must be verified and accompanied celebration of marriage. (b) Where to file. - The petition shall be filed in the Family Court.chan robles virtual law library

Sec.  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 a non-resident respondent, where he may be found in the Philippines at the election of the petitioner.cralaw

Sec.  5. Contents and form of petition. - (1) The petition shall allege the complete facts constituting the cause of action.chan robles virtual law library

(2) it shall state the names and ages of the common children of the parties and specify the regime governing their property relations, as well as the properties involved.chan robles virtual law library

If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a provisional order for spousal support, custody and support of common children, visitation rights, administration of community or conjugal property, and other matters similarly requiring urgent action.cralaw

(3) it must be verified and accompanied by a certification against forum shopping. The verification and certification must be signed personally by me petitioner. No petition may be filed solely by counsel or through an attorney-in-fact.cralaw

If the petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country.cralaw

(4) it shall be filed in six copies. The petitioner shall serve a copy of the petition on the Office of the Solicitor General and the Office of the City or Provincial Prosecutor, within five days from the date of its filing and submit to the court proof of such service within the same period.cralaw

Failure to comply with any of the preceding requirements may be a ground for immediate dismissal of the petition.cralaw

Sec.  6. Summons. - The service of summons shall be governed by Rule 14 of the Rules of Court and by the following rules:chan robles virtual law library

(1) Where the respondent cannot be located at his given address or his whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may, by leave of court, be effected upon him by publication once a week for two consecutive weeks in a newspaper of general circulation in the Philippines and in such places as the court may order In addition, a copy of the summons shall be served on the respondent at his last known address by registered mail or any other means the court may deem sufficient.cralaw

(2) The summons to be published shall be contained in an order of the court with the following data: (a) title of the case; (b) docket number; (c) nature of the petition; (d) principal grounds of the petition and the reliefs prayed for; and (e) a directive for the respondent to answer within thirty days from the last issue of publication.cralaw

Sec.  7. Motion to dismiss. - No motion to dismiss the petition shall be allowed except on the ground of lack of jurisdiction over the subject matter or over the parties; provided, however, that any other ground that might warrant a dismissal of the case may be raised as an affirmative defense in an answer.chan robles virtual law library

Sec.  8. Answer. - (1) The respondent shall file his answer within fifteen days from service of summons, or within thirty days from the last issue of publication in case of service of summons by publication. The answer must be verified by the respondent himself and not by counsel or attorney-in-fact.cralaw

(2) If the respondent fails to file an answer, the court shall not declare him or her in default.cralaw

(3) Where no answer is filed or if the answer does not tender an issue, the court shall order the public prosecutor to investigate whether collusion exists between the parties.cralaw

Sec.  9. Investigation report of public prosecutor. - (1) Within one month after receipt of the court order mentioned in paragraph (3) of Section 8 above, the public prosecutor shall submit a report to the court stating whether the parties are in collusion and serve copies thereof on the parties and their respective counsels, if any.cralaw

(2) If the public prosecutor finds that collusion exists, he shall state the on the finding of collusion within ten days from receipt of a copy of a report The court shall set the report for hearing and If convinced that the parties are in collusion, it shall dismiss the petition.chan robles virtual law library

(3) If the public prosecutor reports that no collusion exists, the court shall set the case for pre-trial. It shall be the duty of the public prosecutor to appear for the State at the pre-trial.cralaw

Sec.  10. Social worker. - The court may require a social worker to conduct a case study and submit the corresponding report at least three days before the pre-trial. The court may also require a case study at any stage of the case whenever necessary.cralaw

Sec.  11. Pre-trial. -

(1) Pre-trial mandatory. - A pre-trial is mandatory. On motion or motu proprio, the court shall set the pre-trial after the last pleading has been served and filed, or upon receipt of the report of the public prosecutor that no collusion exists between the parties.cralaw

(2) Notice of pre-trial. - (a) The notice of pre-trial shall contain:chanrobles virtual law library

(1) the date of pre-trial conference; andchan robles virtual law library

(2) an order directing the parties to file and serve their respective pre-trial briefs in such manner as shall ensure the receipt thereof by the adverse party at least three days before the date of pre-trial.cralaw

(b) The notice shall be served separately on the parties and their respective counsels as well as on the public prosecutor. It shall be their duty to appear personally at the pre-trial.chan robles virtual law library

(c) Notice of pre-trial shall be sent to the respondent even if he fails to file an answer. In case of summons by publication and the respondent failed to file his answer, notice of pre-trial shall be sent to respondent at his last known address.cralaw

Sec.  12. Contents of pre-trial brief. - The pre-trial brief shall contain the following:chan robles virtual law library

(a) A statement of the willingness of the parties to enter into agreements as may be allowed by law, indicating the desired terms thereof;chan robles virtual law library

(b) A concise statement of their respective claims together with the applicable laws and authorities;

(c) Admitted facts and proposed stipulations of facts, as well as the disputed factual and legal issues;

(d) All the evidence to be presented, including expert opinion, if any, briefly stating or describing the nature and purpose thereof;

(e) The number and names of the witnesses and their respective affidavits; and cralaw

(f) Such other matters as the court may require.cralaw

Failure to file the pre-trial brief or to comply with its required contents shall have the same effect as failure to appear at the pre-trial under the succeeding paragraphs.cralaw

Sec.  13. Effect of failure to appear at the pre-trial. - {a) If the petitioner fails to appear personally, the case shall be dismissed unless his counsel or a duly authorized representative appears in court and proves a valid excuse for the non-appearance of the petitioner.cralaw

(b) If the respondent has filed his answer but fails to appear, the court shall proceed with the pre-trial and require the public prosecutor to investigate the non-appearance of the respondent and submit within fifteen days thereafter a report to the court stating whether his non-appearance is due to any collusion between the parties. If there Is no collusion, the court shall require the public prosecutor to intervene for the State during the trial on the merits to prevent suppression or fabrication of evidence.chan robles virtual law library

Sec. 14. Pre-trial conference. -At the pre-trial conference, the court:chanrobles virtual law library

(a) May refer the issues to a mediator who shall assist the parties in reaching an agreement on matters not prohibited by law.cralaw

The mediator shall render a report within one month from referral which, for good reasons, the court may extend for a period not exceeding one month.cralaw

(b) In case mediation is not availed of or where it fails, the court shall proceed with the pre-trial conference, on which occasion it shall consider the advisability of receiving expert testimony and such other makers as may aid in the prompt disposition of the petition.cralaw

Sec.  15. Pre-trial order. - {a) The proceedings in the pre-trial shall be recorded. Upon termination of the pre-trial, the court shall Issue a pre-trial order which shall recite in detail the matters taken up In the conference, the action taken thereon, the amendments allowed on the pleadings, and except as to the ground of declaration of nullity or annulment, the agreements or admissions made by the parties on any of the matters considered, including any provisional order that may be necessary or agreed upon by the parties.cralaw

(b) Should the action proceed to trial, the order shall contain a recital of the following:chan robles virtual law library


 
(1) Facts undisputed, admitted, and those which need not be proved subject to Section 16 of this Rule;

 (2) Factual and legal issues to be litigated;chan robles virtual law library

 (3) Evidence, including objects and documents, that have been marked and will be presented;

 (4) Names of witnesses who will be presented and their testimonies in the form of affidavits; and cralaw

 (5) Schedule of the presentation of evidence.cralaw

 
(c) The pre-trial order shall also contain a directive to the public prosecutor to appear for the State and take steps to prevent collusion between the parties at any stage of the proceedings and fabrication or suppression of evidence during the trial on the merits.chan robles virtual law library

(d) The parties shall not be allowed to raise issues or present witnesses and evidence other than those stated in the pre-trial order.cralaw

The order shall control the trial of the case, unless modified by the court to prevent manifest injustice.chan robles virtual law library

(e) The parties shall have five days from receipt of the pre-trial order to propose corrections or modifications.cralaw

Sec.  16. Prohibited compromise. - The court-shall not allow compromise on prohibited matters, such as the following:chanrobles virtual law library

(a) The civil status of persons;chan robles virtual law library

(b) The validity of a marriage or of a legal separation;chan robles virtual law library

(c) Any ground for legal separation;chan robles virtual law library

(d) Future support;

(e) The jurisdiction of courts; and cralaw

(f) Future legitime.cralaw

Sec.  17. Trial. - (1) The presiding judge shall personally conduct the trial of the case. No delegation of the reception of evidence to a commissioner shall be allowed except as to matters involving property relations of the spouses.cralaw

(2) The grounds for declaration of absolute nullity or annulment of marriage must be proved. No judgment on the pleadings, summary judgment, or confession of judgment shall be allowed.cralaw

(3} The court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case. Such an order may be made if the court determines on the record that requiring a party to testify in open court would not enhance the ascertainment of truth; would cause to the party psychological harm or inability to effectively communicate due to embarrassment, fear, or timidity; would violate the right of a party to privacy; or would be offensive to decency or public morals.chan robles virtual law library

(4) No copy shall be taken nor any examination or perusal of the records of the case or parts thereof be made by any person other than a party or counsel of a party, except by order of the court.chan robles virtual law library

Sec.  18. Memoranda. - The court may require the parties and the public prosecutor, in consultation with the Office of the Solicitor General, to file their respective memoranda support of their claims within fifteen days from the date the trial is terminated. It may require the Office of the Solicitor General to file its own memorandum if the case is of significant interest to the State. No other pleadings or papers may be submitted without leave of court. After the lapse of the period herein provided, the case will be considered submitted for decision, with or without the memoranda.cralaw

Sec.  19. Decision. - (1) If the court renders a decision granting the petition, it shall declare therein that the decree of absolute nullity or decree of annulment shall be issued by the court only after compliance with Article 50 and 51 of the Family Code as implemented under the Rule on Liquidation, Partition and Distribution of Properties.cralaw

(2) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or by registered mail. If the respondent summoned by publication failed to appear in the action, the dispositive part of the decision shall be published once in a newspaper of general circulation.cralaw

(3) The decision becomes final upon the expiration of fifteen days from notice to the parties. Entry of judgment shall be made if no motion for reconsideration or new trial, or appeal Is filed by any of the parties the public prosecutor, or the Solicitor General.chan robles virtual law library

(4) Upon the finality of the decision, the court shall forthwith issue the corresponding decree if the parties have no properties.cralaw

If the parties have properties, the court shall observe the procedure prescribed in Section 21 of this Rule.cralaw

The entry of judgment shall be registered in the Civil Registry where the marriage was recorded and In the Civil Registry where the Family Court granting the petition for declaration of absolute nullity or annulment of marriage is located.chan robles virtual law library
Sec.  20. Appeal. - chan robles virtual law library

(1) Pre-condition. - No appeal from the decision shall be allowed unless the appellant has filed a motion for reconsideration or new trial within fifteen days from notice of judgment.cralaw

(2) Notice of appeal. - An aggrieved party or the Solicitor General may appeal from the decision by filing a Notice of Appeal within fifteen days from notice of denial of the motion for reconsideration or new trial. The appellant shall serve a copy of the notice of appeal on the adverse parties.cralaw

Sec.  21. Liquidation, partition and distribution, custody, support of common children and delivery of their presumptive legitimes. - Upon entry of the judgment granting the petition, or, in case of appeal, upon receipt of the entry of judgment of the appellate court granting the petition, the Family Court, on motion of either party, shall proceed with the liquidation, partition and distribution of the properties of the spouses, including custody, support of common children and delivery of their presumptive legitimes pursuant to Articles 50 and 51 of the Family Code unless such matters had been adjudicated in previous judicial proceedings.cralaw

Sec.  22. Issuance of Decree of Declaration of Absolute Nullity or Annulment of Marriage." (a) The court shall issue the Decree after:chan robles virtual law library

(1) Registration of the entry of judgment granting the petition for declaration of nullity or annulment of marriage in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the Family Court is located;

(2) Registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located; and cralaw

(3) The delivery of the children's presumptive legitimes in cash, property, or sound securities.cralaw

(b) The court shall quote in the Decree the dispositive portion of the judgment entered and attach to the Decree the approved deed of partition.chan robles virtual law library

Except in the case of children under Articles 36 and 53 of the Family Code, the court shall order the Local Civil Registrar to issue an amended birth certificate indicating the new civil status of the children affected.cralaw

Sec.  23. Registration and publication of the decree; decree as best evidence. - (a) The prevailing party shall cause the registration of the Decree in the Civil Registry where the marriage was registered, the Civil Registry of the place where the Family Court is situated, and in the National Census and Statistics Office. He shall report td the court compliance with this requirement within thirty days from receipt of the copy of the Decree.cralaw

(b) In case service of summons was made by publication, the parties shall cause the publication of the Decree once in a newspaper of general circulation.chan robles virtual law library

(c) The registered Decree shall be the best evidence to prove the declaration of absolute nullity or annulment of marriage and shall serve as notice to third persons concerning the properties of petitioner and respondent as well as the properties or presumptive legitimes delivered to their common children.
       
Sec.  24. Effect of death of a party; duty of the Family Court or Appellate Court. - (a) In case a party dies at any stage of the proceedings before the entry of judgment, the court shall order the case closed and terminated, without prejudice to the settlement of the estate in proper proceedings in the regular courts.cralaw

(b) If the party dies after the entry of judgment of nullity or annulment, the judgment shall be binding upon the parties and their successors in interest in the settlement of the estate in the regular courts.cralaw

Sec. 25. Effectivity. - This Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003.

Source: online web www.chanrobles.com

  A petition to declare the marriage void presupposes that the marriage was void or invalid from the beginning. Legally, it can be said that the marriage did not even exist. But there are so many questions about this issue like, do you need to file the Petition if your marriage did not even exist from the beginning? syempre hihimayin natin to isa isa hanggang sa makakaya natin hehehhe

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What are the grounds to declare the marriage void?

The grounds to declare the marriage void are as follows:

1. Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

Importante na nasa Legal Age ang Ikakasal kahit na sabihin pa natin may consent ang magulang or guardian.. halimbawa ng case na to eh  ang artistang Lot Lot and Monching eto ginamit na ground ni lotlot para mapawalan visa ang kasal nila sinabi nya na below 18 sya nung ikasal sila

2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

importante din na legal ang magkakasal sa inyo kase pwedeng maging ground ito example ng gumamit ng ground na to eh si Kris Aquino against James Yap
3. Those solemnized without license unless exempted by law.

4. Those bigamous or polygamous marriages.
hinde po pwede na ilang beses tayo ikasal just incase hinde nyo alam na ang pinakasalan nyo eh may asawa na pala before then u can use this as ground

Halimbawa kung you just found out that your husband/wife was married before and you have obtained a marriage contract from the NSO to prove this. It was also confirmed when you confronted your husband/wife about this. The question is if you still have to file a Petition? and you can also file a criminal case against your husband/wife? Can his ex-wife/husband file a criminal case against you? What will be your defense, if any?

Although your marriage was void from beginning, the law still requires you to obtain a declaration of absolute nullity of your marriage by filing a petition in court. Yes, you can also file a criminal case for Bigamy against your husband. Yes, his ex-wife may file a criminal case for bigamy against you and your husband. But your defense is lack or absence of knowledge regarding his prior marriage or absence of criminal intent.


5. Those contracted through mistake of one contracting party as to the identity of the other;

naku uso ang fake identities ground din po to. saka make sure tama ang spelling ng name ng pinakakasalan nyo heheh

6. Assuming that you caused the annulment of your first marriage. However, you get married immediately without waiting for issuance of the Final Decree of Annulment. Your second marriage can also be voided by the Court. 

eto ang isa pa sa mga simple  pagkakamali halimbawa if you will get married without having my first marriage declared void..

bali angmangyayari yung second marriage mo will be invalid for being bigamous. The sad thing is, pwede ka kasuhan na bigamy,in so far as your second marriage is concerned




7. Psychological Incapacity of the husband or wife, existing at the time of marriage, which prevents him or her from complying with the essential marital obligations of marriage, even if such incapacity becomes manifest only after the solemnization of the marriage.

eto ang usually na kinakaso sa annulment pwede sabihin na nanakit or wala sa tamang pagiisip ang asawa nyo pero dapat mapatunayan nyo to mga ebidensya na magpapatunay .. You have been hearing about the term psychological incapacity. how to explain this, what is “psychological incapacity” as a ground to declare the marriage void? [color]

 " Simply put, psychological incapacity" is a serious psychological disorder, but not necessarily insanity, that causes a spouse or both spouses to be truly incapable of complying with the essential marital obligations. This psychological condition must already exist at the time the marriage is celebrated.
What are these essential marital obligations?

These are the obligations of the husband and wife (1) to live together, observe mutual love, respect and fidelity, and render mutual help and support; (2) to procreate children based on the universal principle that procreation of children through sixual cooperation is the basic end of marriage; (3) to jointly support the family (Art. 70), for the spouses are joint administrators in the partnership; and (4) Not to commit acts which will bring danger, dishonor or injury to each other or to the family (Art. 72), for the safety and security of the family at all times is a primordial duty of the spouses


Simplehan natin

1. By the refusal of one spouse to live, dwell and cohabit with the other after marriage, without any fault at all from the aggrieved spouse.  ( pag ayaw makisama makisiping or mabuo ng pamilya ang isa sa inyo)

2. By the deliberate refusal to give support to the other spouse, or their common children ( SUPORTA yan ang importante.. pag ayaw magsustento or di tumutulong ang isang party)

3. When marriage is unbearable due to the compulsive gambling, alcoholism, drug addiction or violent tantrums and jealousy leading to physical abuse towards the other and of the children of the respondent spouse ( eto na yung binabanggit ko sa taas pag halimbawa nagiging risk na ang buhay nyo or ng mga anak nyo)

8. Incestuous Marriages (between ascendants and descendants; between brothers and sisters whether full or half blood).

No need to explain INCEST is not allowed!

9.  Marriages between relatives:
 

a. between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
 

b. between step-parents and step-children;
 

c. between parents-in-law and children-in-law;
 

d. between the adopting parent and the adopted

    child;
 

e. between the surviving spouse of the adopting

    parent and the adopted child;
 

f. between the surviving spouse of the adopted

   child and the adopter;
 

g. between an adopted child and and a legitimate

    child of the adopter;
 

h. between adopted children of the same

    adopter;
 

i. between parties where one, with the intention to

   marry the other, killed the other person’s

   spouse, or his or her own spouse.

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Ang susunod na tanong may expiration ba ang fifile ng Decalration of Nullity of Marriage? Saka how long ang aabutin para malaman ang resulta? ano ang mga dapat gawin? How Much?

The action to declare the marriage void shall not prescribe. Meaning, you can file the petition anytime during your lifetime.. kahit na ilang taon pa kayo nagsasama or may mga anak na kayo.

How long aabutin? Depende po to case to case basis.. pero mas mabilis pag no show ang isang party... hehehhe

ano mga dapat gawin.. first kumuha ng abogado or kumunsulta sa abogado then mag file , i ready ang mga ebidensya or mga grounds nyo, kailangan din i PUBLISH to sa PUBLIC NEWSPAPER or tinatawag na NOTICE TO THE PUBLIC.. then here comes the hearing... and so on...

How much?? Depende po ulit gaano kabigat kaso at anong klase ng abogado kukunin nyo pero meron ako kilala 45Thou pesos nagastos nya nakuha nya annulment nya...

[chinggay69]

sir magtatanong lang po...paano kung nasa ibang bansa yung lalaking gustong mag file ng annulment eh!di ang mangyayari pag umuwi ng pinas ung lalaki saka nya aayusin yung dapat ayusin para sa annullment.pero kelangan nya pa din bumalik ng abroad para magtrabaho?saka kapag ba nag file ng annullment yung lalaki tapos lumaban ung wife nya...pwede bang gamitin ng wife nya yung evidence na may ibang kinakasama at ibang anak yung lalaki?tatanggapin ba un ng korte at ano ang magiging impact nun sa annullment na in-apply ng lalaki?sana po mabigyan nyo kami ng idea...salamat po!

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sir magtatanong lang po...paano kung nasa ibang bansa yung lalaking gustong mag file ng annulment eh!di ang mangyayari pag umuwi ng pinas ung lalaki saka nya aayusin yung dapat ayusin para sa annullment.pero kelangan nya pa din bumalik ng abroad para magtrabaho?saka kapag ba nag file ng annullment yung lalaki tapos lumaban ung wife nya...pwede bang gamitin ng wife nya yung evidence na may ibang kinakasama at ibang anak yung lalaki?tatanggapin ba un ng korte at ano ang magiging impact nun sa annullment na in-apply ng lalaki?sana po mabigyan nyo kami ng idea...salamat po!

first of all babae po ako hehehehe  at may anak kaya napatunayan ko na di ako bakla heheheh lolz.. si sir habagat12 po ang lalaki...

about sa question mo parang mahirap na aalis sya ng bansa pagkatapos nya magfile ng annulment kase kailangan nya mag show sa mga hearings but then kung halimbawa both party naman ang magfile advantage to dahil no show sya mapapadali ang kaso pero since next question mo oneway lang pagaaply at lalaban ang wife talo po kayo pwede pa sya makulong lalo na may malakas na ebidensya pag nagfile ng biggamy yung wife...

[Jan_ice03]

may friend po ako.. 14 years na po silang kasal at may 2kids.nagkahiwalay lang po sila nung mag abroad ung wife nya at dun sila nag umpisang magkasiraan bilang mag asawa dahil na rin sa mga paninira ng ibang tao.. hanggang sa dumating ang puntong ayaw ng pakisamahan ni wife si husband dahil na rin si husband na mismo ang nagkakalat daw na may ibang lalaki si wife pero wala naman po syang napatunayan..nagsusuport naman sila pareho sa mga anak nila.nasa poder ng wife ang mga bata.. bale po 10 0r 11 years na po yata silang hindi nagsasama.at ngaun po may karelasyon si lalaki. sinubukan naman daw po nyang kausapin ang wife nya na ayusin ang relasyon nilang mag asawa kaya lang nalaman daw po ng wife nya na habang nakikipag ayos sya eh may karelasyon si husband sa net at pauwi po sila sa pinas pareho para magkita. at nagbabalak po syang mag file ng annulment case sa wife nya gamit ang grounds na psychological incapacitated dahil ayaw na nga pong makipagbalikan ni wife.. ang tanong ko po kung magkontra demanda po si wife dahil napag alaman nyang may karelasyon ito.. posible po bang madismiss ang kasong ipa file ni husband? at posible din po bang kasuhan ni wife si husband dahil may karelasyon ito? maraming salamat po sa mga tutugon.

[mrbiggy11]

pwede po sya kasuhan ng adultery based on the revised penal code, di ko lang masyadong tanda kung anong book, article at chapter, ginawa po kasing example yan nung prof ko nun, punishable by law po sya as long na magkakaso kayo, grounds for annulment din po yan kaya pede na sya mag file ng annulment

[mrbiggy11]

ngaun ko lng naalala tinamad na ko mag edit, pede din sya kasuhan ng slander o paninirang puri ay pwedeng pag multahin ng batas

[chinggay69]

first of all babae po ako hehehehe  at may anak kaya napatunayan ko na di ako bakla heheheh lolz.. si sir habagat12 po ang lalaki...

about sa question mo parang mahirap na aalis sya ng bansa pagkatapos nya magfile ng annulment kase kailangan nya mag show sa mga hearings but then kung halimbawa both party naman ang magfile advantage to dahil no show sya mapapadali ang kaso pero since next question mo oneway lang pagaaply at lalaban ang wife talo po kayo pwede pa sya makulong lalo na may malakas na ebidensya pag nagfile ng biggamy yung wife...

ay!sorry po ma'am pala...hehehe...thank you nga pala sa info at least my idea na kami...ingat lagi...more power!

[Habagat12]

sir magtatanong lang po...paano kung nasa ibang bansa yung lalaking gustong mag file ng annulment eh!di ang mangyayari pag umuwi ng pinas ung lalaki saka nya aayusin yung dapat ayusin para sa annullment.pero kelangan nya pa din bumalik ng abroad para magtrabaho?saka kapag ba nag file ng annullment yung lalaki tapos lumaban ung wife nya...pwede bang gamitin ng wife nya yung evidence na may ibang kinakasama at ibang anak yung lalaki?tatanggapin ba un ng korte at ano ang magiging impact nun sa annullment na in-apply ng lalaki?sana po mabigyan nyo kami ng idea...salamat po!

It is important and necessary for the petitioner to appear during the trial; otherwise, the petition may be dismissed.

Annulment may be filed even without the presence of the respondent, the respondent may not even file an answer as the solicitor general may appear on behalf of the respondent. Should the respondent choose to contest the petition, then it will be a long, hard and expensive battle.

If the petitioner is abroad, he may file the petition by filing an authenticated petition (authenticated by the Phil. embassy in the country where he is residing). But he has to attend the hearings where his presence is required by the court. Otherwise...it will be dismissed.

As to whether the Court will consider the allegation of the wife that her husband is this or has that another woman etc., everything is possible and it is up to the Judge to appreciate those allegations. That's the beauty of a court proceeding, you'll never know or predict exactly how the Judge would appreciate the evidence presented. Otherwise, di na natin sila kakailanganin.

[chinggay69]

thank you sir habagat12...mas nalinawan kami.more power...

[alphaomega]

salamat sir sa info...

[dimple]

may friend po ako.. 14 years na po silang kasal at may 2kids.nagkahiwalay lang po sila nung mag abroad ung wife nya at dun sila nag umpisang magkasiraan bilang mag asawa dahil na rin sa mga paninira ng ibang tao.. hanggang sa dumating ang puntong ayaw ng pakisamahan ni wife si husband dahil na rin si husband na mismo ang nagkakalat daw na may ibang lalaki si wife pero wala naman po syang napatunayan..nagsusuport naman sila pareho sa mga anak nila.nasa poder ng wife ang mga bata.. bale po 10 0r 11 years na po yata silang hindi nagsasama.at ngaun po may karelasyon si lalaki. sinubukan naman daw po nyang kausapin ang wife nya na ayusin ang relasyon nilang mag asawa kaya lang nalaman daw po ng wife nya na habang nakikipag ayos sya eh may karelasyon si husband sa net at pauwi po sila sa pinas pareho para magkita. at nagbabalak po syang mag file ng annulment case sa wife nya gamit ang grounds na psychological incapacitated dahil ayaw na nga pong makipagbalikan ni wife.. ang tanong ko po kung magkontra demanda po si wife dahil napag alaman nyang may karelasyon ito.. posible po bang madismiss ang kasong ipa file ni husband? at posible din po bang kasuhan ni wife si husband dahil may karelasyon ito? maraming salamat po sa mga tutugon.

everything is possible it will depende on the evidence that the both party will show to the judge.. lalo na internet realtionship lang pala yung sa lalake mahihirapan si wifey na patunayan yan... but anyway sabi nga sir habagat

As to whether the Court will consider the allegation of the wife that her husband is this or has that another woman etc., everything is possible and it is up to the Judge to appreciate those allegations. That's the beauty of a court proceeding, you'll never know or predict exactly how the Judge would appreciate the evidence presented. Otherwise, di na natin sila kakailanganin.

may advice since na pareho naman sila na may kanya kanya na ata na relasyon bakit di na lang nila ayusin ang annullment nila---

[karlkutu]

may friend po ako.. 14 years na po silang kasal at may 2kids.nagkahiwalay lang po sila nung mag abroad ung wife nya at dun sila nag umpisang magkasiraan bilang mag asawa dahil na rin sa mga paninira ng ibang tao.. hanggang sa dumating ang puntong ayaw ng pakisamahan ni wife si husband dahil na rin si husband na mismo ang nagkakalat daw na may ibang lalaki si wife pero wala naman po syang napatunayan..nagsusuport naman sila pareho sa mga anak nila.nasa poder ng wife ang mga bata.. bale po 10 0r 11 years na po yata silang hindi nagsasama.at ngaun po may karelasyon si lalaki. sinubukan naman daw po nyang kausapin ang wife nya na ayusin ang relasyon nilang mag asawa kaya lang nalaman daw po ng wife nya na habang nakikipag ayos sya eh may karelasyon si husband sa net at pauwi po sila sa pinas pareho para magkita. at nagbabalak po syang mag file ng annulment case sa wife nya gamit ang grounds na psychological incapacitated dahil ayaw na nga pong makipagbalikan ni wife.. ang tanong ko po kung magkontra demanda po si wife dahil napag alaman nyang may karelasyon ito.. posible po bang madismiss ang kasong ipa file ni husband? at posible din po bang kasuhan ni wife si husband dahil may karelasyon ito? maraming salamat po sa mga tutugon.

mahirap po ihulog sa psychological incapacity po yang reason nyo. kung non fullfillment of marital obligations and responsibilities lang po ang grounds malamang sa legal separation po and pwede nyong ifile na case. Ang gawin po nyo tutal pareho kayong may iba na, mag file ng annulment yung isa at sabihing wag kokontra yunmg isa. Mas ok kung hindi mag appear sa korte yung isa. bayad ka ng psychologist at kausapin mo narin si prosecutor para wala kokontra.

Mali, wag po pala declaration of nullity ang i file nyo. dapat annulmenmt of marriage. ang grounds po ng declaration of nullity is absence of one of the formal or essential requisite of marriage. dipo pwede yan sa kaso nyoi.

[spidey]

napakadali po ng pa annul kung parehas na gusto ng mag asawa kasi ang mismo abogado ang gagawa ng paraan at mga kasinungalingan para mapabilis...

mas mabilis din ang annulment sa mga ordinaryong tao hindi sikat o mayayaman kasi madami pang usapin yun sa partehan ng mga assets... pero sa ordinary tao lang mostly ang hahanapin lang yun mali ng side kabila...then pag uuusapan kung totoo tapos na, 40-50K ata bayad sa ganyan

share lang po nangingilam lang sa usapin