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
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
Dear Atty,
I have been separated from my husband since 2000 and we have our own lives now. We have one daughter from that marriage.
My ex-husband is living now with his new partner and have one son.
I had been on a relationship also but separated now and got 3 sons from that.
Now, I am planning to get married again but the problem is I don’t have any idea about this legal separation.
I read many explanations from this topic but the thing is our case is very much complicated.
Can you recommend what to do and give me some ideas on how to proceed on this?
Thank you.
What is the best ground to start my annulment?”my story..
When i start my day to work here in abroad our communication is become weak..because of im busy..but if i have time we are chatting but in a couple of minutes because she must priority to her sister until my free time is finish and went back to work…olweiz like that is happened..until year past..because of my salary is not enough thats why i cannot take a vacation in phil to visit them..but i will do my best to give them a financial support but my wife she demand for their allowance but out of my budget and my salary to give..until 3yrs past..i tel to my mama to visit my family and checked what was their situation..i hve doubt that time because my wife the past day,year she give me a limit of message limit of time..and not easy to call..and when mama is there my inlaw telling to my mama that my wife is she have a relationship to other guy..(bf)and when i know that ..i call my wife and we decide to brake up.and from the beginning she olweiz demanding a money even she knows my salary i almost send my salary to make my family happy,but in the last im the loser because of what she did.and most ol is their leaving in one room together his family sister including my son 6yrs old..now i plan to file
case about annulment..to arrange my status and have a chance again to start a new family..plz i need ur help because as soon as possible i want to start file a case about annulmet…im still in abroad..thank you..
hi sir, i just want to ask if our marriage is null and void? the solemnizing officer is not the mayor or the vice mayor but the HRMO head officer of our municipal..
i want to file an annulment, ive been married for 1year and a half.. im not happy anymore, and we are not having sex for 10mos..