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Legal Beneficiary - 2 marriages shown on CENOMAR

+5
kyna
Drummer Boy
lovely lady
attyLLL
fea_antonio
9 posters

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fea_antonio

fea_antonio
Arresto Menor

My husband died from an accident on duty working in a ship overseas last March 12, 2013. As a legal beneficiary, i did comply with the requirements by getting nso certificates such as marriage contract, birth certificate of my children and CEnomar and found out that my late husband had been married to another woman last May 1989 while my marriage with my late husband was March 1995. I just wanted to know if i still have the right over the benefits of my late husband since the woman he was married to is also now married to a different man. I really need you help and guidance on this.

attyLLL


moderator

very unfortunate. imo, your marriage is void, and the company might not release the benefits to you.

https://www.facebook.com/BPOEmployeeAdvocate/

fea_antonio

fea_antonio
Arresto Menor

Would that incllude all the benefits from the governement organizations such as GSIS, OWWA, etc?

attyLLL


moderator

well, if they have no confirmation of the first marriage, perhaps it can be released to you.

https://www.facebook.com/BPOEmployeeAdvocate/

lovely lady


Arresto Menor

atty,

Kahit po yung first wife ay hindi naghahabol?Pwede po bang sampahan ng kaso ang guy for bigamy?

fea_antonio

fea_antonio
Arresto Menor

Thank you for the information given, atty. May i know what confirmation means?

attyLLL


moderator

confirmation, meaning they don't know about the first wedding.

lovely, death of a person extinguishes criminal liability.

https://www.facebook.com/BPOEmployeeAdvocate/

fea_antonio

fea_antonio
Arresto Menor

Agency is requesting for cenomar, but didn't submit it yet. My option is to let the first wife waive her right in a form of a waiver since she is willing to do so, is this still possible?

attyLLL


moderator

possible if the insurance will accept it, but i recommend that she waives it in favor of your children, not you.

https://www.facebook.com/BPOEmployeeAdvocate/

fea_antonio

fea_antonio
Arresto Menor

The manning agency now knows about the first marriage and the first wife is not waiving her right. Is she still considered as a beneficiary given the conditions that she is already married to another man with children and have abandoned the marriage with my husband?

Drummer Boy


Arresto Menor

@ fea:

Your marriage with your deceased partner is bigamous,thus null and void. The agency will rely on the the CENOMAR and will have to award all the benefits to the first wife,being the party rightfully entitled to it.



kyna


Arresto Menor

atty,

how comes that man married twice?
was it not noticed by the 2nd wife earlier since it is both their requirement to have cenomar for the marriage license?

attyLLL


moderator

kyna, the cenomar is only a recent development.

https://www.facebook.com/BPOEmployeeAdvocate/

kyna


Arresto Menor

atty,

when we got married we were not asked for a cenomar for our marriage license. i wonder why? they said cenomar is only for 30 above. for below 18 parents consent is required. and for me & my husband who are under 26, only appearance of both parents were required and or parents advise if parents are unable to come.

if cenomar is not a requirement for young who want to marry. therefore it is highly possible to have multiple marriage atty?



Last edited by kyna on Mon Jul 01, 2013 11:19 am; edited 1 time in total

attyLLL


moderator

kyna, the cenomar is not really a requirement of law, but it was a good idea by nso to foil would be bigamists.

anyone marrying today who is below 18 will make the marriage void.

anyone insisting to committing bigamy will find a way to do it

https://www.facebook.com/BPOEmployeeAdvocate/

sweetangel


Arresto Menor

Atty, I have a bf right now and we're planning to get married but He was married before and separated for more than 10 yrs now,they have 13 y/o son which is nasa poder ng bf ko. They got separated because my bf found out that she has another man, hindi pa sya buntis nun bago sila maghiwalay dun sa lalaki nya but now, they have already 2 kids. Now, our initial concern is about the annulment, because we want a legal separation first before our wedding para wala ng habol yung babae sa knya kung sakaling my mga maipundar man kmi. Pero alam po nmin na may karapatan parin sya sa bata kahit ni piso hindi sya ngbigay after thier separation. Atty. may malaking grounds po ba kayong nakikita para mapadali yung annulment? Actually, i saw thair last chat just recently after a long years na gusto ng madaliin nung babae yung annulment nila and she's willing to just sign any papers para mapadali. In your estimation atty, how long it would take? And if in case, hindi pala nakaregister sa NSO yung kasal nila, what are the legal action po na pwede naming gawin? Hindi pa po kasi namin nachecheck sa NSO at sa local registry because we're both working abroad. Pls help us atty. Thank you and Godbless. Smile

gen_exite


Arresto Menor

Good Pm po! Paano po kung ung unang kasal ay peke ang edad lalabas din po ba sa cenomar un?

gen_exite


Arresto Menor

fea_antonio wrote:My husband died from an accident on duty working in a ship overseas last March 12, 2013.  As a legal beneficiary, i did comply with the requirements by getting nso certificates such as marriage contract, birth certificate of my children and CEnomar and  found out that my late husband had been married to another woman last May 1989 while my marriage with my late husband was March 1995. I just wanted to know if i still have the right over the benefits of my late husband since the woman he was married to is also now married to a different man.  I really need you help and guidance on this.

Paano po kung peke ung edad nung namatay 17 ginawang 18 walang marriage lisence.

marlo


Reclusion Perpetua


@gen_exite

marriage is void, need peition, and court to declare so.

malalaman mo sa cenomar , BC at MC from NSO

concepab

concepab
Reclusion Perpetua

sweetangel wrote:Atty, I have a bf right now and we're planning to get married but He was married before and separated for more than 10 yrs now,they have 13 y/o son which is nasa poder ng bf ko. They got separated because my bf found out that she has another man, hindi pa sya buntis nun bago sila maghiwalay dun sa lalaki nya but now, they have already 2 kids. Now, our initial concern is about the annulment, because we want a legal separation first before our wedding para wala ng habol yung babae sa knya kung sakaling my mga maipundar man kmi. Pero alam po nmin na may karapatan parin sya sa bata kahit ni piso hindi sya ngbigay after thier separation. Atty. may malaking grounds po ba kayong nakikita para mapadali yung annulment? Actually, i saw thair last chat just recently after a long years na gusto ng madaliin nung babae yung annulment nila and she's willing to just sign any papers para mapadali. In your estimation atty, how long it would take? And if in case, hindi pala nakaregister sa NSO yung kasal nila, what are the legal action po na pwede naming gawin? Hindi pa po kasi namin nachecheck sa NSO at sa local registry because we're both working abroad. Pls help us atty. Thank you and Godbless. Smile

Unregistered marriage doesn't make the marriage void or voidable. Also Legal Separation does not gives your BF the rights to marry you. What you need is annulment. There are only few grounds for annulment, you can search forum what are those grounds. Some are using "Psychological incapacity" as a grounds to have their marriage declared void by the court... of course that is for the court to decide.

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