This is part of the continuing installment of discussions on annulment of marriage or declaration of nullity of marriage. 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. [See also How Many Years Before a Marriage Becomes Void in the Philippines]
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.
——————–
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).
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
hi gud day! me and my ex-husband got into civil wedding last 2004 and got separated 2 years after. he already have his mistress and a child right now. I’ve heard from a friend that our marriage will be null because we were separated for years. Is it true that our marriage will be automatically null without even going to court because we were already separated? Or is it true that civil wedding have an “expiration Date”? thank you so much!
Hi Atty,
Would like to consult status of my fiancé. He got married in the Philippines, filed for annulment but wasn’t able to finish the process as he got his papers for Canada. He went to Canada in 2007 and will be citizen by 2010. He filed and got his divorce last year. We plan to get married by end of this year abroad but we also want to renew our vows through a church wedding in the Philippines. What are our options to get married in the Philippines? Would appreciate your advice. Thanks a lot!
Hi Atty,
I was married this March. I am seeking ways to have the wedding nullified or annulled. I married my wife under the impression that she was pregnant during that time. I am now with a my partner that I have been with before my wife. After a few months after the wedding I became suspicious because she hasn’t been showing signs that she is pregnant. We are not living together and I am in Manila and she is in the province. She then informs me that she had an induced abortion. I then asked for medical records supporting that fact. My wife however is not able to produce any. We were under a verbal agreement that I would only marry her because she was pregnant. Also before the wedding, we also didn’t attend any seminars that are requirements before any civil wedding. I am looking for any technicalities that would put this annulment process well in my favor. Thanks.
hi atty, i am married for more than 3 years, id like to tell a story of mine, before we get married were not planning to be legally married in church because of financial basis, were thinking of saving money because she is pregnant, but later on when our parents were meet for a plan for us.. the whole thing was turn-up for a marriage, and i was shock because when we start talking she turn-up and crying asking for marriage like here parents were asking to mine. my mother ask me if i really love my wife. i honestly tell my mom that i’m not sure about her, it so happened that she is pregnant, so i made a stupid decision thinking of my son to be legitimate. so the married thing had happened.. later on after the marriage we the both planned that we were staying in our house for more than 2months and also a plan when he gave birth to our son we need to be back to our own house because her mother wanted when she labor she should be in their town, so i don’t mind of what they plan, and later on she labor and my son baptized in their town as what here parent want, after the baptism we were strongly talk about a decision to move back in our house in our home town because my work is in our town. but later on the whole things turn into hell. i work 6 days in a week. all of my salary were send to my wife for the milk and diapers for my son and i was taking a mile just to see my son every Sunday,after a several months her parents were doing decision for us for my son. and later on i realized that staying with a woman that you’re not in loved is a difficult one and has a psycho incapacity mind. so i made a decision for my self i want to stand this marriage for my son. because my father came into a broken family. and time goes by the plan of moving to our own house were canceled because her parents decide that they don’t want to be away from their first grandson. my wife did nothing, and later on when i ask my wife over the phone if we could go on our house because there is a celebration, my sister celebrate her 18th birthday, my wife answer me “you know were your son live” and i cannot assure if were going. i just conclude atty. that many things and decision that he cannot stand with. please atty. help me with what to do first. i was only consulted a priest the about this matter and he is our parish chancellor. id like to ask how much and how long it would be take to be annulled… please atty. thank your very much….
Me and my ex are already separated for almost 7 or 8 years and both of us have partners.
he now working in dubai .. he also has a 3 yr old son from another woman and I have my 2yr and 4 months old from my ex boyfriend and currently 8 months pregnant from my future husband, who is my current live in partner. Both my ex husband and I compromised to have an annulment and so he did filed one recently. My question is, he told me that someone is coming over to evaluate or question me . since I am pregnant right now, will i be on the loosing end on this annulment process? what’s going to happen if the one evaluating me see me like this? i mean pregnant as of the moment? i’m really confused.or is it ok to have everything rescheduled then after I gave birth?
thank you for the time reading this and i do hope you’ll help me so as my mind to be enlightened.
im edrielyn just wanna ask..me n my bf want to get married ky lng he still married gs2 sana yng ipaanual yung ksl nya.. 5yrs n clang d ngssma..we didnt know kung nsn n yung asw nya..what do you thing ang unang mgnda gwn nmin pr mgstrt n yung anualment process? preho kmi ngbbrko thats the reason bkt d nmin maayos yung anualment nya..
Atty,
I have been married for 5 years now. However, I am currently separated with my husband for almost 6 months already. I left his family’s house because of his infidelity (knew about him having 3 different mistresses during our marriage). I forgave him for the first and second since he asked for forgiveness and I decided to give him another chance for the sake of saving the marriage. However, the third one is the last straw already. Aside from his infidelity, he has hurt/abused me physically and verbally. I already had preliminary talks with my lawyer and he said I have a strong case. I have two police reports documenting his violence, text messages affirming his verbal and psychological abuse, plane tickets with him and her third mistresses flying out together, pictures of him and his mistress as well as phone bills indicating hours of calls to this third mistress. At the same time he is already going out with her in public. My friends and I have seen them together. Now the irony of this is he doesn’t want to have our marriage annulled. He still gets very possessive and jealous of me going out and having fun with my friends (both men and women), he follows us around and makes a scene – he does this even if he’s already out in the open with his mistress. It is taking its toll already in me. Now my lawyer said that infidelity is not a ground for marriage. But infidelity, physical violence, habitual alcoholism if taken as a whole could constitute psychological incapacity. By the way when we got married, our marriage license was obtained in less than the prescribed required time since our family had connections in obtaining it in rush. What are my chances in having my marriage annulled? Do you think my case is strong enough? I want to be single again and get my life back. Being married with him is just so unhealthy for me. Hoping to get your inputs on this. Thank you.
I need help, i am married to a Singapore citizen, but we got separated 6 months after our first child was born, she was born in Singapore and holding a singapore passport, after 10 years of lost contact not supporting he suddenly appear and wanted to see his daughter, i let my daughter see him as my daughter wanted to meet her father for a week on a verbal aggreement. From Philippines, she then flew to singapore with my sister but my sister came back home alone…the same day i received a letter from a lawyer that my said husband is taking custody of our daughter. We got married here in Philippines, is there any way i can get a full custody of my child. She’s been in Singapore for a week now and i cant even talk to my daughter…please help.
Hello,
First of all I apologize for my English mistakes!!
My name is Vincent and I am writing from Italy. I am married with a civil ceremony held in the Philippines 23 years ago with a Filipina, now she has the Italian Citizenship. Our marriage is over 3 years ago with the betrayal by my wife. We tried to go forward for the good of the family (we have three adult children) but my love for her has died.
In December 2009 during a vacation alone host of my relatives in the Philippines, I met a wonderful girl and we fell in love. I am back in Italy I talked with my wife and we decided to separate.
My questions are these:
1) My wife has the Italian Nationality and the Italian Passport. She don’t have a Philippine Passport. She keeps the same the Filipino Nationality or she was lost?
2) If my wife has lost his Philippine nationality can I marry again in the Philippines with my new girlfriend to get a Italian visa?
3) Once started the process in Italy for the separation by consent, pending the approval of separation by consent, can I go back to the Philippines to find my new girlfriend or I can be accused of being a concubine?
Waiting for your response, thank you and greet cordially.
Dear Atty.,
I am an educator for 16 years, been separated for almost 8 years. Last year, I started living in with another man who is single. After a year of being together, he started asking about having a baby.
QUESTION:
Could you please enlighten me as to whether I could be fired by my institution should I get pregnant considering the fact that they know about my separation?
I have not been seeing my ex-husband for several years and the last that I ‘ve known of him was that he now lives with another woman.
Your suggestion could be of help to me in deciding whether to end my services with my school after this semester…
Thank you very much for the enlightening answers.. God bless.