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FACTS:
1st marriage:
*May 19, 2010
*Marriage Contract, no witnesses, no parental consent, no cenomar required by the solemnizing officer.
*groom intentionally change/fake his signature on the Marriage Certificate
*groom is at legal age while the bride is only 22 years old
*Solemnizing Officer: Reverend (neither the groom nor the bride belongs to this religious group)
*Place: Manila City Hall(but in the marriage Certificate the location is at San juan city)
*Status:
a) The contract was registered in the Civil Registrar of San Juan City & in the NSO.
b) Before their secret marriage the "wife" has the knowledge of husband's another arrange marriage on May 22, 2010. 3 days after their marriage.
2nd marriage:
*May 22, 2010
*Complete douments
*Groom is at legal age while the bride is 22, with her mother's parental consent.
*Solemnizing Officer: Father Simon (Roman Catholic Church)Only the bride belongs to this religious sect
*Place: Catholic Church
*Status:
a)The contract was registered in the Civil Registrar of Municipality and not sure if it was registered in the NSO.
b)They were able to get married because it was earlier plan and only 3 days lapse after the first marriage.
Question:
1) Which marriage is valid?
2) If the 1st marriage is valid, what action should be done to nullify the 2nd?
If void, what will be the case? Same question if the 2nd marriage is valid.
3) Who will be liable for bigamy? The husband including the 2nd wife (in good faith, no knowledge of the 1st marriage, only after 2 mos)?
4) Any other case for the husband?
5) can the 2nd wife file a case against any of them?
I hope for your opinion/advice regarding this. Thank you.
1st marriage:
*May 19, 2010
*Marriage Contract, no witnesses, no parental consent, no cenomar required by the solemnizing officer.
*groom intentionally change/fake his signature on the Marriage Certificate
*groom is at legal age while the bride is only 22 years old
*Solemnizing Officer: Reverend (neither the groom nor the bride belongs to this religious group)
*Place: Manila City Hall(but in the marriage Certificate the location is at San juan city)
*Status:
a) The contract was registered in the Civil Registrar of San Juan City & in the NSO.
b) Before their secret marriage the "wife" has the knowledge of husband's another arrange marriage on May 22, 2010. 3 days after their marriage.
2nd marriage:
*May 22, 2010
*Complete douments
*Groom is at legal age while the bride is 22, with her mother's parental consent.
*Solemnizing Officer: Father Simon (Roman Catholic Church)Only the bride belongs to this religious sect
*Place: Catholic Church
*Status:
a)The contract was registered in the Civil Registrar of Municipality and not sure if it was registered in the NSO.
b)They were able to get married because it was earlier plan and only 3 days lapse after the first marriage.
Question:
1) Which marriage is valid?
2) If the 1st marriage is valid, what action should be done to nullify the 2nd?
If void, what will be the case? Same question if the 2nd marriage is valid.
3) Who will be liable for bigamy? The husband including the 2nd wife (in good faith, no knowledge of the 1st marriage, only after 2 mos)?
4) Any other case for the husband?
5) can the 2nd wife file a case against any of them?
I hope for your opinion/advice regarding this. Thank you.
