fake marriage license

I was married 3 years ago. Our marriage ceremony was held in a church. I am about to go abroad that time that is why we only got a fake marriage license from a fixer in order to save time. Only me and my wife knew about this. Is our marriage valid? if yes, can I have our marriage be nullified on the ground that we have a fake marriage license?

Vincent, the details surrounding your marriage are a little sketchy. Be that as it may, our law requires the following for a marriage to be valid:

(1) Legal capacity (at least 18 yrs old) of the contracting parties who must be a male and a female;
(2) Consent freely given in the presence of the solemnizing officer;
(3) Authority of the solemnizing officer;
(4) A valid marriage license; and
(5) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

Since you mentioned that the marriage license was fake, your marriage may very well be void. In case you want to have it nullified, you may file a petition to declare your marriage void on the ground of lack of marriage license. This is a delicate process; hence, you need to consult your attorney.

fbsensei wrote:
(1) Legal capacity (at least 18 yrs old) of the contracting parties who must be a male and a female;
(2) Consent freely given in the presence of the solemnizing officer;
(3) Authority of the solemnizing officer;
(4) A valid marriage license; and
(5) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

(1) and (2) are the essential requisites, (3), (4), (5) are the formal requisites

1. Absence of essential or formal requisites – marriage is void ab initio
Except: If the marriage is solemnized by unauthorized person, the marriage will still
be valid if either or both contracting parties believed in good faith that the solemnizing officer had legal authority [Article 35(2)]
2. Defect in any of the essential requisites – marriage is voidable
3. Irregularity in any of the formal requisites – does not affect the validity of the marriage but will make the party responsible civilly, criminally, or administratively liable

here was no marriage license hence the marriage is void but Im just wondering if vincent and her wife be estopped from questioning the validity of their marriage since they both knew that their marriage license was fake. Can they be considered in pari delicto?

vincent wrote:I was married 3 years ago. Our marriage ceremony was held in a church. I am about to go abroad that time that is why we only got a fake marriage license from a fixer in order to save time. Only me and my wife knew about this. Is our marriage valid? if yes, can I have our marriage be nullified on the ground that we have a fake marriage license?

How do you know that your license is fake????
Where did you get it???
Who processed this license????
Did you get it from a government office or someone, say a fixer or a con man gave it to you????
Where is this alleged" fake" license???


Kaw ba yung taga italy????

admiral thrawn wrote:

vincent wrote:I was married 3 years ago. Our marriage ceremony was held in a church. I am about to go abroad that time that is why we only got a fake marriage license from a fixer in order to save time. Only me and my wife knew about this. Is our marriage valid? if yes, can I have our marriage be nullified on the ground that we have a fake marriage license?

How do you know that your license is fake????
Where did you get it???
Who processed this license????
Did you get it from a government office or someone, say a fixer or a con man gave it to you????
Where is this alleged" fake" license???


Kaw ba yung taga italy????

sir. nakakahiya po pero kinuha namin sa Recto ung marriage license . taga New Zealand po ako

bbugoy:

in pari delicto, estoppel, doesn't matter. the thing is HE WANTS OUT. coming to court with unclean hands and all... i'd doubt the court would like that.

i could see the preliminary statement of the ponente "THE FAMILY is the corner stone of our society." and all that moralist crap. then the decision will end in "The case is dismissed. no cost"

it'll wont be easy to have the marriage annulled but its possible since the LAW should be applied. BUT the constitutional provisions on protecting the sanctity of marriage, i believe, would prevail.

anyway, even if he gets an annulment i doubt if the court would favor him in the dissolution and distribution of the conjugal properties. it's more likely that the court would award a larger portion to the wife.

^^ Your Honors of this thread...the action to be filled in Mr. Vincent's case in declaration of nullity..where even the guilty spouse may file the action...moreover the rule of pari delicto never applies in nullity cases...

Vincent, are you still a philippine citizen????
Kung hindi na...magpa divorce ka na lang dyan....

admiral thrawn wrote:
Vincent, are you still a philippine citizen????
Kung hindi na...magpa divorce ka na lang dyan....

this is the easiest, fastest and the best legal option

Your Honors of this thread...the action to be filled in Mr. Vincent's case in declaration of nullity..where even the guilty spouse may file the action

you are correct po, kaya nga sinabi me the law should be applied. but then again SC (or even the regular court) is known for its consistency and inconsistency, and creativity in justifying certain decisions.

PS:

ay shucks, hahahaha.... now i know kung anong mali sa post ko earlier. hindi pala dapat annulment! sorry po.

^^ Ayus lang yun...

salamat po sa mga inputs nyo fbsensei, bugoy, admiral thrawn, b9904 and sheriff. I am no longer a filipino citizen. mejo mahirap yata if I will file the declaration of nullity in the Philippines. If I will file divorce abroad, will my wife who is a still a filipino be able to marry her ex bf? as far as I know, we have no divorce in the Philippines

^teka.... yung laws ba dyan eh something like this:

if you are a citizen, it will not extend to your wife ba?

Since your a foreigner na pwede kang mag divorce and in my opinion pwede ng magpakasal ang asawa mo dito sa pilipinas..all she needs to present is the divorce decree from NZ in order for her to remarry. I have apersonal experience with this, teka hindi ako ha , my uncle who was previously married to a former pinay. The former pinay was able to get a divorce decree in the US thu s dissolving their marriage. My uncle was given a copy of the divorce decree and presented this to get the marriage license and he was allowed and in fact happily remarried to a new and younger wife!!!!

Actually, that's not automatic. It is still necessary to file a petition for recognition of foreign judgment (divorce decree) in court before the Filipino spouse can re-marry.

^^ Thanks for the info..swerte yung uncle ko..di pa sya inabot ng rule na to..

Guys,

I got a question.

Hindi ba irregularity lang ito ng marriage license nila?

I mean, since yung mag-asawa lang ang nakaalam na FAKE yung marriage license. So there isn't really an ABSENCE of a marriage license.

If tama ako, VALID marriage nila. what do you think?

Good point, but this case not a mere irregularity. To have a valid marriage license you need to apply for it in the local civil registrar which is not the case here. And since they were not issued a valid marriage license by the LCR, there is effectively no marriage license to speak of. Whether it is only they who knew of the spurious marriage license will not validate the illegality.

Paikutin pa natin....Paano kaya kung yung mga taga recto ay may connection sa Civil Registrar ng Manila???then may record pala yung civil registrar...Actually pwede naman mag verify nito kung meron talagang na- issue na Marriage License di ba....

^if thats the case, irregularity na talaga yan.

law student lang po pero try ko lang makisawsaw. please correct me na lang po

Irregularity in any of the formal requisites does not affect the validity of the marriage but will make the party responsible civilly, criminally, or administratively liable ha ha ha

Hindi law student lang po but LAW STUDENT po..

Correct po!!!

Magpa-convert na lang tayo sa Islam.