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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Hi Atty.
Ask ko lang po kung pwede po ba akong magfile ng annulment sa mister ko dahil sa mga differences namin? Minsan ko na po syang nahuli sa text na may ibang babae bago kami ikasal, minsan na rin po nya akong sinuntok sa braso habang nasa ospital kami kasama ang bunso naming anak na kailangang operahan ng mga oras na yun. Hindi lang po pati sa text ko sya nahuhuling nakikipaglandian sa iba, kahit sa kaibigan ko din po ay sya mismo ang unang kumausap gamit ang social networking site (fb to be exact) pero an g kaibigan ko po na din ang umiwas dahil sa kilala sya. May dalawang anak po kami na ages: eldest 2 years old and youngest is 1 year old. Ano po ba ang pwede kong gawin? Naguguluhan din po kasi ako, nasa saudi po sya ngayon at nagtatrabaho pero hindi naman po nya kami pinapabayaan na padalhan ng sustento. Ang gusto ko lang pong malaman e kung ano ang dapat kong gawin, kung pwede na po ba akong magfile ng annulment o hindi pa. 1 year na po kaming kasal pero nagsama po muna kami nong manganak ako sa panganay. Sana po ay matulungan nyo ako. Thank you
Hi Sir/Madam,
I would like to ask an advice.I am a Pilipina Divorced with my x English husband a year ago.We was reported our marriage here in Philippine Embassy in London 6yrs ago.I found out when I checked out my status in NSO I still marriage to him.What if I found someone to get marry again in Phillipines my marriage with my x husband still void,or I need to annul our marriage?
Thanks a lot. God bless
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…