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.
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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).
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Can forgery of witnesses signatures be a valid reason for nullity of marriage? During our wedding day only one out of four witness arrived and the judge’s staff told us to just forge the signatures of the other three witnesses my ex was pregnant that time so I decided to just get on with it so that the wedding could continue and I let her forge those signatures I was 22 years old back then and she was 20 years old.
Thanks a lot and more power!
Dear Atty.,
I am so thankful that you have created this site. It will help a lot of souls who have questions, and are in the dark. Souls like me. I really hope you would be able to shed a light on me right now. I am so confused.
My fiance (I don’t know if I should even call him that) is not technically single. He is a battered husband. Physically (sometimes, psychologically, and morally. She has humiliated him and his family, and even went all the way to physically hurting his mother. She has also been threatening to stab herself and the kids if he broke up with her. In some of her text messages to him, she would say that she wished one of the kids would just die for suffering from measles. She has no respect for him whatsoever, and well, there are the neighbors chismis about her having an affair right under his nose. But of course chismis is just chismis.It was based on this that he wanted out of the marriage.
Both of us are OFWs and are in Singapore right now. Our relationship dates back several years ago from a different part of the world. So, to cut the story short, his wife has known about our relationship since. He has not pushed through with legalities from separating from her thinking that he can settle thing amicably.
Recently, she surprisingly came to Singapore to look for a job and we have been receiving threats from her back and forth saying she will sue us or go the Philippine Embassy, or report us to the police if my fiance did not stay with her. She claims that she is still his legal wife after all. And since of course she is right, after a month, he stayed with her. Once again, he has told her that he is not interested to be with her as a husband, and that he will support the kids.
Unfortunately for her, she was not able to find a job here, so she had to go back home. Amidst all of her threats, a few days after, she made a fake profile using his name on facebook, and she posted all of the pictures that she took of them together. She intentionally created it and intentionally requested to be connected to my account which I did not agree to. He then asked her to stop and asked her to deactivate the account, and asked for the password but she would not give it. Then she requested all of the names in Facebook who has my family name to be connected to her to humiliate me. Some more, she tagged my mother’s name on a picture of him and her together. Just this morning, her brother wrote me a message on Facebook humiliating me and his family, and telling me that they have saved my profile picture, and that they are waiting for the feedback from their attorney.
In this regard, can I please ask you, am I in danger of being sued while I am abroad, or be deported if they do intend to sue me? Also, what case will they file against me? And what is my position now? Will it make a difference if we both converted to a different religion?
Please do help me. And bless you for making creating this website.
i have a bf and he’s separated for almost 3 years from his wife. His wife has already a family for almost 2 years now. my question is, can he file an annulment now and what is the particular ground for annulment with that case?
hi,
I have an issue regarding of my boyfriend’s status. We are both Filipinos working abroad. He is married since 1999 and it was a “shot gun wedding” although they were at the legal age, for a week he left to work abroad and since then they have no communications and have no children. Is there any possibilities that there married will be void? Because he wants to marry me and we want to have a baby soon. But I don’t want my child to be illegitimate. Can you give me some legal advice. Hope you reply. Thank you!
Atty,
We have been married since June 1991, when we got married..i don’t have any idea about diseases like diabetes..When my husband tried applying to other company, it was found out that he has high blood sugar..unknowingly..it was alright since we didn’t have any sexual problems then..but 6yrs, ago, when my husband was promoted and transferred to Manila, we were already having problems with his erectile dysfunction, that from then on.. we don’t have any sexual contact even up to this timeand it’s been more than 6yrs.now . My husband told me frankly, that because of his ED he is already letting me go and is not interested in the marriage anymore, but i did tried to hang on because i know it is my obligation and commitment to stand by him.. But from that time on, every time he comes home..i felt as if i have to beg him just to embrace and kiss me..He is already very cold emotionally even to the point that he does not tells me he loves anymore..I tried talking to him a lot of times already, sending him cards etc.. but it seems to no avail and now i am already tired of trying to hang on to this marriage because i am already emotionally drained.
I am still young and i also want to feel how it is being fulfilled sexually and emotionally because i also have needs. Please can you help me how i can move on with my life and be free of this marriage?? I am a plain housewife since i stopped working when i had my second child and since my husband’s job entails a lot of traveling, i opted to be with the kids, though 5yrs. ago, my husband sent me to school to study nursing but at the moment i am still a volunter nurse.. I also want to be financially independent from him. Please give me your advise, Thank you
Good day,
My husband filed annulment without my knowledge and when I checked NSO and now my marriage is annuled. Is this possible? WOuld it be possible that I will file a case against him? Please help
Dear Sir,
I am in love with a Filipino girl who is married and have one kid. We both want to marry and she is going to be converted into Muslim.
I want to know if she is Muslim here in Dubai.. can she file a case for annulment or divorce as she is no more Christan and on the ground of religion she cant stay with her husband, can she get annulment or divorce?
How long it will take and what is the process? please reply.
Dear Sir,
I am in love with a Filipino girl who is married and have one kid. We both want to marry and she is going to be converted into Muslim.
I want to know if she is Muslim here in Dubai.. can she file a case for annulment or divorce as she is no more Christan and on the ground of religion she cant stay with her husband, can she get annulment or divorce?
How long it will take and what is the process? please reply.
hi1!
Been married last 2006 and separated in 2008, my ex and i don’t have child…..but now he has a 1 yr old daughter and living with his partner…and i have a 2 yr old son from my ex boyfriend…. what would be the grounds for annulment so we could be free from our previous marriage….we haven’t see each other for almost 3 yrs now…..
please help…
Godbless!!!!
Hi po i got married in 1998 and just found out in 2007 that in my BC,i am illigitimate and my father was not registered as my father and only my mother has signed the acknowledgement. When I tried to take the LET exam, I was not allowed till i declared myself single bearing my mother’s surname. My father has been dead for years before the discovery, and I was not registered as his daughter in the church I allegedly baptized only my siblings.So I changed all my documents from married to single to be able to take the exam, in accordance to my BC and had passed. I am now seperated (not legal) for 2 and half years, can I file for nullity of marriage under the ground of mistaken identity? If ever, what are the steps? how much will it cost? Pls help me po. Thanks and God bless.