ANNULMENT OR VOID OF MARRIAGE

Hi!
Just want to inquire about the case of my bf. I had his cenomar and it is said the he was married pero tinanong ko po sya regarding dun sabi nya hindi natuloy and he was only 21 at that time. Ano po kayang dapat naming gawin para malaman kung totoo un. Sabi nya kasi sa cityhall lng un at may kakilala ung asawa nya dun so baka naforge ung pirma nya? kung napatunayan ba na na-forge nga ung signature ano ang dapat naming gawin? ano ang dapat naming i-file for grounds of annulment.

regardless of whether his explanation is true or not, there exists a marriage certificate. if you get married, both of you may be liable for bigamy.

the first marriage has to be declared void first.

First of all, I want to thank you for providing us tons information and legal advise for free. mabuhay po kayo.

I have 2 sets of questions:

1st question po:
Atty, nag pakasal po kmi civil wedding last January 1999, birthday ko po is August 1981, technically I was 17 y/o back then. ask ko lang po kung valid yung kasal namin, even with parental concent?

2nd question:
Just incase na valid yung marriage namin, since 2003 - till now, wala na kmi communication nung "wife" ko, and after almost 8 years na walang contact and communication, pwde po bang maging grounds yun para maging null and void yung marriage namin?

Thank you po, and hope to hear from you very soon.

being 17 at the time of the marriage means you had no legal capacity and the marriage can be declared void by the court. lack of communication is not a ground.

Thank you for your immediate response.
AttyLLL, follow-up question lang po.

Since hindi po valid yung marriage namin, does it mean na pwede na po ako magpakasal?

kailangan ko parin i- verify from Natioanl Census kung meron akong marriage contract, what if kung meron (I Hope there is none), do I need to file a case in court or pwede settlement agreement nalang.

Thank you po, AttyLLL. More power and God bless.

note what i said, it can be declared void by the court. it means you have to file a petition for declaration for nullity of marriage.

Hi again, I have a question from a friend here, she wants to know, if it is okay to go ahead and remarry without the tedious task and costs of annulment kasi 30 years na sila hiwalay ng ex nya, at gusto nya mapakasal uli.
The separated thirty years ago amicably and up to now are very good friends. Is it necessary pa raw po ba to get annulment. Pls advise...

whether 30 days or 30 years separated, that does not dissolve the marriage.

Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. (61a)
CAN YOU PLEASE FURTHER EXPLAIN WHAT THIS MEANS? THANK YOU PO...

you need written parental consent to get married if you're 18-21.

Thank you... What if the marrige was contracted anyway as in the case of my fiancé who was able to marry her 18 year old girlfriend then without written consent from parents 30 years ago. What can he do to nullify that since they are both had been willing to do so. Besides, his ex wife got married again about 10 years ago thinking that their marriage was void. However, it only came up last year that their marriage ten years ago are in the records of NSO.. The strange part is, no record of the same marriage at the civil registrar where the marriage took place. They are both at a loss. Of course me too, as it affects our application for marriage also. Please help us with some advise ASAP. We are in distress. Thanks po.

I mean their marriage 30 years ago, not ten years ago. Sorry for confusing.

i believe that the marriage is valid, since the presumption is in favor of marriage. since the ex wife had another marriage without the marriage dissolved,it is bigamy. if you want to have the marriage nullified,try the ground of psychological incapacity, the only problem is that it cost a lot since it will hire psychiatrists and different test and hearings to prove pi.

hope it helps

sultana, don't get married. with the existence of that marriage certificate, you will make yourself vulnerable to a charge of bigamy which can be initiated by anyone who knows about it.

the remedy is to see if there is a valid ground to have the marriage declared null. no parental consent can be used as a ground only if they did not live together after she turned 21 and only until she is 26 years old.

http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separatio-of-property

They did not live together as husband an wife after breaking up shortly after "marriage". Both of them attests that they had been seeing each other on off for several years until she got pregnant and finally separated when their baby was two months old. She took off to live in america with their two and half month old baby boy. She was 25. Does the marriage being void apply?
Thank you for your swift advice. God bless you.

Hello!
Gusto ko lang pong mag.inquire about sa case ng friend ko. Ayaw niya pong magpakasal kaso pinilit siya ng parents niya. Ang ginawa niya is iniba niya ang spelling ng name niya, birthday at signature niya.
Ask lang po if yong kasal niya is void dahil sa ginawa niya???

to my mind, no. she is still the same person who was married. incorrect spelling, signature and and birth date are all not valid grounds to annul a marriage.

mikaelavenice,

I think you have to know your boyfriend well. no matter what his explanation is still he is married. Been into this situation and it is really hard. make necessary verification from the NSO.

Hope this helps

atty, my husband was previously married, and her wife got married again first when they broke-up due to some personal reasons. My question is, can my husband file for annulment even if he works abroad? He is a seaman, and he cant stay longer for vacation, maximum stay is 3months. They got married in june 2002,civil wedding by a judge , 3months after they ended their relationship,and the wife got married by another man in 2003. We met in 2005 and got married in 2006 civil wedding by a mayor. We wanted to get marry in a church, but when i get hold of his cenomar, it was his first wife that was registered in the NSO, what should we do, what could be the possible ground for annulment atty? We already have 2 children, and I beleive that his previous wife, also now has children on her new husband.

in line with my message above, i mean his 1st wife got married again first with another man after their break up atty..

marchell, it is allowed to file a petition even if your husband is abroad. his testimony can be scheduled or taken by deposition while he is here.

it doesn't matter if his legal wife got remarried first. that does not affect the validity of the first marriage. it just means the subsequent marriages, including yours, are void.

AttyLLL,

I was married last 2006 and separated with the same year because that time i am stil a student and 24 years old.. Sa akin lang po umaasa pamilya ko dahil ako po yong panganay. nagkahiwalay po kami kasi di ko na kayang suportahan ang asawa't anak ko dahil sa allowance ko lang kami umaasa. rush weeding po kc ang nangyari nun.. nag apply po kami ng marriage license at nag attend ng seminar.nag require po ng parents advice ang LCR sa akin kasi sa probinsya po ng babae gaganapin ung kasal. wala po akong maibibigay na parents consent/advice kc ang gusto ng parents ng babae na gawing sekreto sa parents ko ung kasal.sa pagkakaalam ko, kinausap ng parents ng babae ung taga LCR na pwede na daw walang parents consent/advice para lang makakuha ng marriage license. ang sinabi po sa akin ng magulang ng babae ay ipapalagay nalang daw namin na nasa america ung parents ko which is not not kc nandito lang sila sa pilipinas.wala po akong affidavit na pinirmahan na nagpapatunay na nsa america sila,basta kinausap lang nila ung tao sa loob ng LCR.hindi ko na po kasi matandaan kung mayroong pinapirmahan sa akin na blank paper. na release po ung marriage license namin ng 3 araw simula nung nag apply kami.sa pagkakaalam ko na maghintay pa kami ng 10 days para ipost ung pangalan namin sa municipal niya at sa lugar po.. hindi po kasi na follow yong tamang process sa pagkuha ng marriage license. 5 taon na po kaming hiwalay ng asawa ko..hindi po ako nagsusustento kc student pa po ako at nung nag graduate ako wala po akong trabaho sa panahong nagkahiwalay kami. nagkatrabaho man ako, konti lang din kinikita ko at wala na rin akong kontak sa kanya. ngayong taon lang po kami nagka contact kc nakita niya ung account ko sa social network site at sinabi niya sa akin na may kasintahan na daw xa and gusto na niyang mag moved on at gusto na rin niyang makamit ung freedom niya at gusto ring magkaroon ng freedom na mapawalang bisa ung kasal namin..

question ko po
1. ano po ang unang gawing hakbang ko po para mapawalang bisa ung kasal namin?

2. pwede ba ung ground ko sa nullity of marriage or sa annulment?

sana po masagot nyo po ako.. maraming salamat po attyLLL..
God Bless po

attyLLL,

meron pa po, nag hire po sila ng guardian na tatayo po sa kasal ko para siya ung pipirma ng marriage contract...hindi ko po kilala ung taong kinuha nila para magtayo bilang guardian ko sa kasal namin..
sana po matulungan nyo po ako para makapag save po akong pera habang nandito pa ako sa gitnang silangan nagtratrabaho.... kailangan ko po kasi ng legal advice para alam ko po ung unang hakbang na gagawin ko sa pag uwi ko po...maraming salamat po atty.LLL...

the defects you mention are not basis for annulment.

here are the grounds:
http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separatio-of-property

atty,

ibig po sabihin, wala na po akong chance na mapawalang bisa yong kasal ko.. mahigit 5 taon na po kaming hiwalay at wala na po kaming contact sa ex wife ko..

ano po ba ang pwede kung gawin para mapawalang bisa yong kasal ko? nagka usap po kasi thru email po nung isang araw na ayaw na daw niya ng gulo.. gusto na niya po ng freedom kaya nga ginagawa ko ang lahat ng paraan.

anong legal advice na maitutulong nyo po sa akin?