Need legal advice

im jovelyn montecino 30 years old. Ive been living in with my long time partner for 10years now and counting. He is 40 years old.We process our documents for marriage last 4years ago. It never get into reality because we found out that the brother of my live in partner uses his name to marry his second wife. His first wife already got married with a foreigner and is now living in US. I did reached out to the first wife and she said they were legally separated and the problem was that the marriage happened when they were still on the process of seperation. The 2nd wife is currently teaching in a public school here in cebu. She's a teacher. She and my live in partner are married. That is what it appears in CENUMAR. We tried to reach out with them because we want also to settle down and so to avoid further damage and public disturbance, since we all know that they falcify documents just to push through with thier marriage. Until now, the teacher and the brother of my live-in-partner remain silent and doesn't want us to dig more into it.My concern is that, the father of my live-in-partner wants me and my live in partner to remain silent because he doesn't want trouble and worst case scenario, they'll be put in jail. I am really depressed, my live-in-partner doesn't want to fight no more because he is afraid with his father and also afraid if his brother will get imprison.and feel so sad bout the situation. First of all, our intention is not to have them live in jail. We want solutions with this big mess they've created, all we want is for them to cooperate and help us resolve it. I am now planning to consult in DEPED or to PRC. Would that be a good step to do? What is the first step that i need/has to do. I know i have the right not to be called a live in partner forever. Please give me some insights. Thank you!

Hi,

I am afraid that the only way for you to be married to your partner is for his marriage to the partner of his brother to be voided. Where was your partner at the time of the wedding ceremony? Technically, that can be argued as proxy marriage if it was his brother who said the marriage vows.

Under the Philippine law, a wedding ceremony needs the bride and the groom to personally declare their marriage vows. In other words, pagproxy, hindi valid. Pero kahit hindi valid, hindi pwedeng basta basta magpakasal uli yung partner mo sa iyo, dapat ipadeklara muna na walang bias yung kasal niya doon sa partner ng brother niya kasi hindi naman siya yung nag-attend.

The solution is to file a petition for declaration for nullity of marriage, but this will require the participation of your live in partner.

What will you do in DepED/PRC? To file a complaint against the girl? What are you trying to accomplish by going there?

You may also email me on km@kgmlegal.ph

Regards,
Atty. Katrina

Hello atty! Good day! I sent an email to you already. I hope you can read it in your spare time. Thank you so much in advance! God bless you!

Yes, I replied to you.