Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers

There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines:

Is divorce allowed under Philippine laws?

No, divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured abroad by the foreigner-spouse, and even by former Filipinos, are recognized under Philippine laws. More discussion here (Judicial Recognition of a Foreign Divorce Decree).

Would it make any difference if I marry abroad where divorce is allowed?

No. Filipinos are covered by this prohibition based on the “nationality principle”, regardless of wherever they get married (and regardless where they get a decree of divorce). Discussions relating to Overseas Filipinos or OFWs are transferred in Part V.

Is “annulment” different from a “declaration of nullity” of marriage?

Yes. In essence, “annulment” applies to a marriage that is considered valid, but there are grounds to nullify it. A “declaration of nullity” of marriage, on the other hand, applies to marriages that are void or invalid from the very beginning. In other words, it was never valid in the first place.

Also, an action for annulment of voidable marriages may prescribe, while an action for declaration of nullity of marriage does not prescribe.

So, if a marriage is void from the very beginning (void ab initio), there’s no need to file anything in court?

For purposes of remarriage, there must be a court order declaring the marriage as null and void. Entering into a subsequent marriage without such court declaration means that: (a) the subsequent marriage is void; and (b) the parties open themselves to a possible charge of bigamy.

What if no marriage certificate could be found?

Justice Sempio-Dy, in the “Handbook of on the Family Code of the Philippines” (p. 26, 1997 reprint), says: “The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present.” (Citations omitted)

Can I file a petition (annulment or declaration of absolute nullity of marriage) even if I am in a foreign country?

Yes, the rules recognize and allow the filing of the petition by Filipinos who are overseas.

What are the grounds for annulment?

1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.

2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.

3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.

5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.

6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).

What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for annulment?

Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At the very least, however, these grounds may be used as basis for legal separation.

How is “legal separation” different from annulment?

The basic difference is this – in legal separation, the spouses are still considered married to each other, and, thus, may not remarry.

Is legal separation faster than annulment?

Not necessarily. The petitioner in a legal separation, just like in an annulment, is still required to prove the allegations contained in the petition. More important is the mandatory 6-month “cooling off” period in legal separation cases. This is not required in annulment or declaration of nullity cases. The court is required to schedule the pre-trial conference not earlier than six (6) months from the filing of the petition. This period is meant to give the spouses an opportunity for reconciliation.

What are the grounds for legal separation?

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.

2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.

3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.

5. Drug addiction or habitual alcoholism of the respondent.

6. Lesbianism or homosexuality of the respondent.

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.

8. Sexual infidelity or perversion.

9. Attempt by the respondent against the life of the petitioner.

10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

The term “child” shall include a child by nature or by adoption.

Should I file a petition for legal separation, can I use my own sexual infidelity as a ground?

It is interesting to note that among the grounds for legal separation, as listed above, only “sexual infidelity or perversion” is not qualified by the phrase “of the respondent” or “by respondent”. This may give the impression that the sexual infidelity of the petitioner, or the one who filed the petition, may be used as a ground in legal separation. We must consider, however, that legal separation is filed by the innocent spouse or the “aggrieved party” against the guilty spouse.

What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still co-habitate with him/her?

This may be construed as condonation, which is a defense in actions for legal separation. In addition to condonation, the following are the defenses in legal separation:

1. Consent.
2. Connivance (in the commission of the offense or act constituting the ground for legal separation).
3. Mutual guilt (both parties have given ground for legal separation).
4. Collusion (to obtain decree of legal separation).
5. Prescription (5 years from the occurence of the cause for legal separation).

If you’re separated from your spouse for 4 years, is that a sufficient ground for annulment?

No. De facto separation is not a ground for annulment. However, the absence of 2 or 4 years, depending on the circumstances, may be enough to ask the court for a declaration of presumptive death of the “absent spouse”, in which case the petitioner may again re-marry. See Can someone remarry without going to court due to absence or separation?

What are the grounds for declaration of nullity of marriage?

1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians).

2. Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so).

3. Absence of marriage license (except in certain cases).

4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively dead).

5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of the other).

6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before entering into the subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribute the properties of the first marriage; and (ii) delivery of the children’s presumptive legitime.

7. Incestous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood).

8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.

9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. We already discussed the guidelines and illustrations of psychological incapacity, including a case involving habitual lying, as well as the steps and procedure in filing a petition.

Please note, however, that there are still other grounds to declare a marriage as null and void.

——————

Browse through the comments below to check if your questions are similar to that of others. Other common issues are consolidated in Part II, Part III, Part IV, Part V, Costs in seeking an Annulment, and other related posts. You can check the Related Posts at the bottom of each post.

319 Comments Added

Add your message
  1. kpm_0301 January 22, 2007 |

    Dear Atty,

    I would like to inquire abt the bigamy case. My cousin has remarried before his first marriage was dissolved. Now his second wife got into trouble and got a fight with her friend about a certain loan. Her friend wants her to shoulder the loan or the money that was missing and they told her that if she do not pay that they will file a case against her and will definitely petition a bigamy case for her and my cousin. Threatening her that they can easily issue a warrant of arrest because her friend is an attorney and has access to most city halls and nbi. How will that be possible? They are both scared, scared enough to come to work because they know that somebody might just catch them and arrest them.

  2. emcoluk January 24, 2007 |

    If two foreigners marry in the Philippines and then obtain a divorce outside the Philippines…is this divorce recognised under Philippines Law

  3. Atty. Fred January 24, 2007 |

    emcoluk, foreigners are governed by their own laws when it comes to divorce. As long as they validly secure a divorce outside the Philippines, the divorce decree is respected under Philippines laws.

    kpm, I’m terribly sorry; please read the “Terms“. In the near future, we may be discussing preliminary investigations, warrantless arrests and inquests in criminal cases. You might see the answers in that post. Thank you.

  4. rwan January 25, 2007 |

    attorney,

    is there such a law where a married woman can buy a property using her maiden name? will it be still considered ‘conjugal’?

    tnx

  5. rwan January 27, 2007 |

    in addition to what i wrote, i got married in 1997 and got separated in 2004. the father of my 9-yr old son and i have no communication since then (no child support, etc which is not the issue). i’m planning to buy a house & lot but wonder if i can use my maiden name. and of course, i don’t want him to have a ‘share’ with this in case i file for annulment in the future.

    tnx again

  6. Atty. Fred January 27, 2007 |

    Rwan, I’m not aware of any. On the other hand, a married woman is required to use the family name of the husband. The extent by which a married woman may acquire property under her own name largely depends on the kind of property relationship legally established during the time of marriage. Beyond that information, I suggest you consult with your lawyer since we’re prohibited from giving any legal advice in the absence of atty-client relationship. Of course, something could be done to achieve your goal and I trust your lawyer knows it.

    Good luck!

  7. marchfour08 January 27, 2007 |

    Attorney Fred,

    Could that be a valid ground to file for a petition of declaration of absolute nullity of marriage? Is that certification an enough and valid proof that we don’t have any marriage license? How long will it usually take for such petition in family court? How long does it usually cost? Should I really need to wait for the court’s declaration before I could get married? Please help me. Thanks.

  8. angel_jasmine January 28, 2007 |

    Attorney Fred,

    Is there a way to file or get an annulment eventhough the wife doesn’t appear in court? Are there documents that needs to be signed by the wife in the process of the annulment? What if she doesn’t agree to sign? Is it still possible to continue the annulment? Is the divorce decree enough to finalize the annulment?

  9. SEK800i January 30, 2007 |

    Atty. Fred,

    Should an annulment be granted, can a church wedding be possible? Thank you for your time. I’m looking forward to your response. God bless.

  10. angel_jasmine January 30, 2007 |

    Atty Fred,

    Will the Philippine court still recognized the divorce even the wife is neither a US immigrant or citizen?

  11. Atty. Fred February 1, 2007 |

    Guys, sorry for the delayed reply, there were technical problems with the blog. First off, please understand that we are prohibited from giving legal advice in this Forum, so you may notice that we have declined from answering some of the questions. Nevertheless, as to general matters, here are some notes that may hopefully point you in the right direction.

    1. As discussed somewhere, it is indispensable, for the purpose of remarriage, to seek an annulment or an order declaring a marriage as null and void. Ckeck with the NSO if a marriage certificate is on file. There’s such a thing as a CENOMAR or a “Certificate of No Marriage Record” (read here).

    2. A decree of annulment may be issued without the other party appearing in court. In fact, the signature or appearance of the other spouse doesn’t mean that the petition will be granted. The other spouse may choose NOT to appear, which is the reason why the public prosecutor is under obligation to check if there’s no collusion between the parties.

    3. There’s a requisite dispensation before someone whose marriage had been annuled may get married again in church.

    By the way, angel_jasmine, I can’t understand your question. Please clarify.

    Good luck to everyone.

  12. angel_jasmine February 5, 2007 |

    Thanks for the reply atty. fred but I’m still confused.

    So are you saying that eventhough the wife (currently in America and has a divorce decree herself; neither a US immigrant or a US citizen) doesn’t appear in court and doesn’t sign any document in the process of the annulment, the husband can still acquire a decree of annulment? On what grounds can the petition be granted? how long does it normally take?

    If the husband has a copy of the divorce decree, can this be used as a strong evidence that can expedite the process of the annulment? Does the phil. court recognized the divorce decree as legal eventhough the wife is not a citizen of America?

    Can the wife, eventhough not yet annuled, get married in America to a US immigrant? or does it have to be a US citizen to completely consider the previous marriage null?

    Does the wife have the right to have a copy of the annulment decree eventhough she didn’t do anything in the process? What does she need to do to obtain a copy? where?

    I would appreciate your response.

  13. angel_jasmine February 5, 2007 |

    Continuation…

    That is, if in case the husband doesn’t want to give the wife’s copy.

  14. Atty. Fred February 7, 2007 |

    Jasmine, yes, it’s possible to secure an annulment or a declaration of nullity even if the other spouse does not appear or sign anything. As I mentioned earlier, this is the reason why the public prosecutor is under obligation to check if there’s a collusion between the spouses. Please read again this article, because the grounds are discussed in it. In my estimate, the average length of time is 1 year, and it may be shorter or longer depending on the circumstances.

    As long as the spouse seeking the divorce is a Filipino (a former Filipino is an entirely difference matter), any divorce decree issued is not recognized under Phil. laws.

    For your other queries, please check the other articles. You may use the search function the right sidebar.

    Good luck.

  15. rwan February 7, 2007 |

    atty,
    with regards to ur jan27 reply to my msg, can i at least register a property (should i buy one) under my 9-yr old son? how does this go?

    tnx again

  16. Atty. Fred February 9, 2007 |

    Rwan, in general, minors must be represented by parents or guardians. In other words, contracts (and the subsequent transfer) are signed by the parent or guardian, in trust for the minor. However, please don’t take this as entirely suitable for your purposes, because there may be other concerns that I don’t know of (besides, I can’t possibly go into those details).

    Good luck.

  17. k_pm February 12, 2007 |

    Sorry I think I have post this question to a wrong window/topic.

    I would like to inquire about the role the state regarding filing a bigamy case. Can anyone file the charges if somebody they know commited the crime? A family member of the spouse or friend?

  18. ishin07 February 13, 2007 |

    hi atty,

    got a question if an immigrant divorce his/her partner outside the philippines and after a year became a citizen does the divorce decree applies here in the philippnes and does his/her betterhalf can remarry again? thanks!

  19. emcoluk February 15, 2007 |

    Isn’t it true that a legal separation in the Philippines involves everything a divorce does in a western country except for the fact the couple cannot remarry…thank you

  20. Atty. Fred February 19, 2007 |

    k_pm, under the Revised Rules of Criminal Procedure, the following crimes must be initiated by the offended party: adultery, concubinage, seduction, adbuction, acts of lasciviousness, and defamation consisting of imputation of these offenses. You will note that bigamy is not one of them.

    ishin, if I remember correctly, an immigrant does not lose his/her Filipino citizenship. As repeatedly mentioned in this blog, a divorce secured by a Filipino citizen, as a rule, is not recognized here.

    emcoluk, I’m not sure if legal separation, vis-a-vis divorce in a western country, involves “everything” other than the capacity to remarry. Still, I’m not aware of anything that differentiates it other than the capacity to remarry.

  21. k_pm February 20, 2007 |

    So in other words, Bigamy crime cannot be filed by anybody except the offended party, and that is only the wife. Thanks for your prompt response and help to clarify things.

  22. indoubt February 20, 2007 |

    Dear Atty,

    Will a marriage in Hongkong be valid? Will the US Immigration accept the validity, and will they check with NSO about previous records of marriage in the Philippines?

    indoubt

  23. Atty. Fred February 21, 2007 |

    indoubt, as you may have read from the article above (and other articles in this blog), a second marriage is null and void, as long as there is a valid subsisting first marriage. This applies to all Filipinos, wherever they are in the world and wherever they may contract the second marriage. As to whether US immigration checks with the NSO, I’m really not sure.

  24. unlearned_76 February 21, 2007 |

    Hi…Not sure if am posting my question in the right place. But here it goes – got married in the US in 1999 to a naturalized US citizen. We had a son born in the US. Things fell apart – i left for the Philippines; still a filipino citizen- with no US visa and no means of going back to the US. 6 years later; i want to re-marry in Church and currently trying to get a divorce. However, this is what they are telling me: The court may require me to appear in court since my son will be residing in the Philippines here with me and i will have full custody. My hopefully- soon to be ex husband has agreed to all the conditions… Here is the dilemma that the paralegal in the US sent me:
    Another complication is that your son lives in the Philippines, so there is a question of whether or not a Nevada court has jurisdiction to grant you (a non U.S. citizen) sole physical custody of your son. If you read the attached link, it will explain that the Philippines has jurisdiction of any U.S. Citizen child residing in the Philippines because they are not party to the Hague Convention Treaty. Therefore, a Reno court might not be willing to issue an order regarding custody of your son. See http://www.international-divorce.com/ca-philippines.htm
    Now, i know i can file for dual citizenship for my son – i am a filipino citizen and his father was born here as well… I also checked with NSO and am still ‘technically’ single – we did not register our marriage to the Philippine consulate.. is the marriage valid? Can i get married w/o having to wait for the divorce decree? The only problem i am foreseeing is that i have plans of migrating to the US.

    Help…

  25. Path February 24, 2007 |

    Hello.

    I have been talking and getting to know a philippino lady now for almost two years and now we want to be married. The confusion here for me is. she states that she was married over four years ago and marriage was annuled. She has one 10 year old son. That the father wont let leave the country yet. I need documents that show she is legaly annuled and able to marry again .. She seems or dont know how to obtain this information. I have read many things on the net about annumlents in the philippines and i am still unsure how to find out this legal information that she can legaly marry me. She has no idea how to obtain or find this information.. I am unsure if this is true however as i see you have to go to court to get a declaration of annulment (how it seems to me) Anyone have any ideas on helping me with this information.. Shouldnt she know were to go to find this or have a letter to show this?

    Thanks for your time and help if you are able to give me some insight.

    Path

  26. Atty. Fred February 27, 2007 |

    Unlearned, please read the answer here.

    Path, the fact of annulment is reflected in the record with the National Statistics Office (NSO). The more cumbersome way of doing it is to ask which court and branch that issued the annulment decree, and to request for information there.

    Good luck.

  27. IANROLAND March 12, 2007 |

    Dear Atty,
    When a person is legally separated, is he/she allowed to co-habit with another without the threat of being sued for adultery?

  28. Atty. Fred March 13, 2007 |

    Ian, under Article 63 of the Family Code, legal separation has the effect, among others, of allowing the spouses to “live separately from each other, but the marriage bonds shall not be severed.” In other words, the obligation of mutual fidelity remains. If any of the spouses remarry, that spouse is liable for bigamy. They are also open to a charge of concubinage/adultery, as the case may be.

  29. Pingback: Divorce in the Philippines: A Must or Not? « MISTERYOSA

  30. mommzy March 17, 2007 |

    My brother got married a few years ago and 3months after their civil wedding, his wife was granted a work visa in the US using a different name. Three years later, (after having no communication at all during those years),his wife called and told him that she wanted to file an annulment. When they learned the expenses of getting the annulment and to save the expenses, she said that its better that he just find another woman to marry because she no longer wants to save their marriage and for him to refrain from doing anything to let his wife be deported back to the Philippines since my brother has a plan of doing that. Since my brother has a girlfriend of 1 year that time, and was depressed of what has happened to his marriage, and cannot do nothing to let his wife go back, he married his girlfriend instead without knowing that he could be charged for Bigamy.

    A year after, When one of his 1st wife’s best friend learned about this, she got mad and told him that she will file a legal complaint so he could be charge for a crime. My brother now wants to pursue an annulment by PAO because he cannot afford the legal fees for annulment and hire a private lawyer. His wife contacted him last January and told him not to worry because she will not file any complaint against him.

    My brother has some dispute with his 1st wife’s bestfriend and told him that to get even with him, she will pursue filing a legal case against him. Can you give us legal advise on how he can straight things out? I pity my brother for getting into this kind of situation.

  31. Atty. Fred March 19, 2007 |

    Mommzy, I’m sorry to hear about your brother’s predicament. I’m a bit allergic to the phrase “legal advice”, which you are seeking here, because that is prohibited without an attorney-client relationship. As I repeatedly noted in this blawg, legal advice is not dispensed in this Forum. So, I have to apologize if I can’t give any. Nevertheless, I hope this related article would give you some guidance:

    http://jlp-law.com/blog/effect-annulment-criminal-case-bigamy/

  32. Walang_Alam March 20, 2007 |

    Me and my spouse was supposed to get married on June 21, 2000 but the judge was not available then so the court clerk rescheduled us on June 22, 2000 for the ceremony instead. One of the two sponsors/witness or Ninang was not available though the following day June 22, 2000 so she just signed in the marriage contract on June 21, 2000 and never appeared on June 22, 2000. On June 22, 2000, the judge married us even if there is only one sponsor/witness or ninang present since the other sponsor/witness/ninang already signed the contract a day before. Is this ok? Can i use it as ground to nullify my marriage?

  33. queenie March 20, 2007 |

    Dear Attorney,

    MAN secretly married A when they were around 22. A’s parents were not aware of this so I don’t know if things had to be forged. MAN and A never lived together but marriage was consummated. They haven’t had contact in years, they’re both 30 now. MAN married D when they were both over 25, thinking since he and A have lost touch for 7 years, it’s OK to remarry. D knows he was married before. MAN and D are both poor and doesn’t know where A is and what her situation is.

    Questions:
    1. Isn’t marriage to A automatically considered void because A’s parents were not aware of this marriage? Do they still need to go through the courts?
    2. Will MAN’s marriages both show at the NSO assuming both were filed by the responsible party?
    3. Does D have potential legal liability?
    4. I think MAN and A both have strong grounds for annullment but what are the MAN’s options given that he is basically penniless and has no contact at all with A?
    5. How can MAN check if A filed an annullment or out of country divorce?

    Thank you!

  34. joyuie24 March 20, 2007 |

    Dear Atty.

    hello, i really find this forum very helpful compared to other forums that i’ve read. anyway, i just want to ask someting about my case and i hope someone you could give advise to me.

    My husband was married before in the Phils. he is a US citizen when they get married and the ex-wife is filipino citizen that time. After my husband petitioned her to go to the US she divorced him after four yrs. And they got they’re divorce decree in 1999.

    Now, I met him in the Phils and he petitioned me as fiancee then I came here in the US yr 2005 and then we got married here in the US. So, my question is, is it possible for us to get married in the Phils? Does my husband need to file an annulment in the Phils eventhough they are divorced here already in the US and the ex-wife is now married with another guy and with 2 children? My husband did not have any child with her. Is it legal if we get married in the Phils? but not church wedding of course. I am not sure if the Family Code Art. 26 par. 2 applicable for us. I am not sure if the ex-wife is citizen already when she filed the divorce.

    Please help me. We are planning to get married in the Phils nxt yr so i really want to know if everything will be alright.Thanks in advance…god bless you all.

  35. mommzy March 20, 2007 |

    Atty Fred,

    I am sorry for asking legal advise as I was not aware of the terms you had. Will you be able to help us in any way for him to start straightening his situation? We do not know whom to go first for he doesn’t know how to get started and fear that others may used it against him. Is there a possibility that his first wife’s friend filed a complaint against him even if she is not the offender herself and used this for her personal revenge?

    I hope you can still give us guidance and help us in any way you can. Thank you!

  36. Atty. Fred March 21, 2007 |

    Walang Alam, I’m sorry I can’t give any opinion on your circumstance, and the reason had been repeatedly stated. In general, however, please note the following provisions of the Family Code:

    Art. 3. The formal requisites of marriage are:
    (1) Authority of the solemnizing officer;
    (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
    (3) 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.

    Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35.
    A defect in any of the essential requisites shall rende the marriage voidable as provided in Article 45.
    An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

    Now you know that the presence of witnesses is a formal requisite. You have to study if the absence of one (or both) witnesses is merely an irregularity.

    Queenie, the scenario you mentioned is riddled with problems and liabilities. I strongly recommend that you consult a lawyer of your choice. There are some free legal aid groups out there, in case the MAN is penniless.

    Joyuie24, I’m sorry if I can’t give any advice. Nevertheless, I’m glad you took time to read Art. 26 of the Family Code. You probably noticed that it applies only to instances when the one how seeks a divorce is the foreigner or ex-Filipino. It seems unfair, but it’s the law.

    Mommzy, I hope you’ve read the article (and the comments) I included above.

  37. joyuie24 March 23, 2007 |

    FROM JOYUIE24 (Mar. 20,2007)
    Dear Atty.

    hello, i really find this forum very helpful compared to other forums that i’ve read. anyway, i just want to ask someting about my case and i hope someone you could give advise to me.

    My husband was married before in the Phils. he is a US citizen when they get married and the ex-wife is filipino citizen that time. After my husband petitioned her to go to the US she divorced him after four yrs. And they got they’re divorce decree in 1999.

    Now, I met him in the Phils and he petitioned me as fiancee then I came here in the US yr 2005 and then we got married here in the US. So, my question is, is it possible for us to get married in the Phils? Does my husband need to file an annulment in the Phils eventhough they are divorced here already in the US and the ex-wife is now married with another guy and with 2 children? My husband did not have any child with her. Is it legal if we get married in the Phils? but not church wedding of course. I am not sure if the Family Code Art. 26 par. 2 applicable for us. I am not sure if the ex-wife is citizen already when she filed the divorce.

    Please help me. We are planning to get married in the Phils nxt yr so i really want to know if everything will be alright.Thanks in advance…god bless you all.

    FROM ATTY FRED:
    Joyuie24, I’m sorry if I can’t give any advice. Nevertheless, I’m glad you took time to read Art. 26 of the Family Code. You probably noticed that it applies only to instances when the one how seeks a divorce is the foreigner or ex-Filipino. It seems unfair, but it’s the law.

    FROM JOYUIE24

    First of all thank you po sa reply and sorry kung magtatanong po ako ulet kc medyo confused na tlaga ako.

    The Ex-Wife who filed the divorce is a former filipino tapos nasa processing plang un citizenship nya nun nag file sya ng divorce so na-approve naman un divorce nila, During the processing of their divorce possible na Filipino Citizen pa rin sya kc immigrant pa lang sya nun. So, nun na approve un divorce nila Filipino Citizen pa rin sya. Kinasal cla sa Pilipinas ng Filipino Citizen pa sya at un lalaki ay US citizen na. So, ask k lang kung applicable ba sa kanila un Art. 26 par.2 pag applicable ibig sabihin pwede kame ikasal sa Pilipinas ng US citizen na asawa ko na ngaun?

    If ever pwede, nakita ko sa NSO na pwede mag file ng Dissolution Of Marriage. Hindi k nga lang alam kung pano mag file or i-declare sa kanila un divorce decree. So kung cno man may idea pls help nmn..thank u in advance ulet…

  38. joshua241415 March 23, 2007 |

    What happen to my request that I put in to this forum on March 11,07 on the Subject of Seperation for Over 17 years Is their a law that the time spend of seperation is time serve for the one year period for the time required by law for annulment: I gave my e-mail address with an essay of the subject matter at hand .
    Why wasn’t I contact for an answer?

  39. joshua241415 March 23, 2007 |

    What happen to my essay?

  40. TerryMD March 24, 2007 |

    Dear Sir,
    I am currently engaged to a woman that was born in the Philippenes, but her father was in the US Army and on the birth Certificate is states, “US Citizen Born Abroad.” She made a mistake and got pregnant by a Philipino man and they got married 2 days before she flew back to the United States and had her baby. The father sends no support, nor can be located and the rumor has it that he is with another woman now. We have seeked legal counsel and they are not sure, but as far as being under the laws of the United States she can supposedly file for annulment and or divorce for this terrible mistake she made. Sir, can you please help us find a solution to this problem, because we are so in love and want to be together as husband and wife forever.
    Thank you sir,
    TerryMD

  41. TerryMD March 24, 2007 |

    Dear Sir,

    I forgot to add they were married by a judge and nobody knows of this marriage except the 3 of us and what maybe on file there in the Philippenes. They seperated following the secret ceremony that day and have never spoken since which has been over 18 months ago.

    Is it legal for her just to file for the divorce and or annulment here and send the court documents to the place the secret marriage took place? What about when we come to visit her family there, will the annulment and or divorce be accepted under the Philippine law?

    The man who she mistakenly married at the last moment before coming back home to the united states has a violent past history of beating her and possible criminal background that she is not sure about, but he did get in numerous fights all the time there and is the type of man that would not be civil in anyway form or fashion if we came to visit there in around 4 years and he finds out that his son is now my legally adopted son in the united States. Would he have any legal grounds to dispute the adoption? I doubt we will ever here from him again anyway and any man that would not send any support, gifts, or letters to his son is not deserving to be a father in the first place in my opinion.

    She was just young and made a horrible mistake, but have such a wonderful baby in this world that I have took up as my own and provide all the money to take care of him and treat him like my daughters from a previous marriage while I was in the Army as well, which my new fiance and I met there while I was on a mission in the Philippenes 4 years ago and have been together for almost a year now, but have not married yet, but plan to very soon depending on the information you can provide me.

    I hope you can help us sir.

    Thank you again,
    TerryMD

  42. Marizzz March 25, 2007 |

    Dear Sir,

    I just wanna ask if i will file an annulment who will be the one to pay for it? Me who file the annulment or him cuz his still married to me but his having a baby with another lady, which is adultery?

    Thank you
    Marizzz

  43. AAaa1234 March 26, 2007 |

    Dear Sir,

    I really need your help. I got married january 2000 because my gf got pregnat, she gave birth to our baby boy April same year. And during the forth quarter of that year I was assign in HKG for about 10months. 5 months later my mother in-law called me up and told me to go home for an emergency reason. So, I didn’t hesitate to go home even my contract is not yet finish. When I got home I found out that my wife was having affair with other man. I was very hurt and I feel insult mypart but, I have nothing to do. I let her do whatever she want. And from that moment I didn’t asked her to stop or leave the guy. I came to Cebu to my branch office and concentrate on my job. And I heared that my wife gave birth from the guy she’s leaving with. The baby is girl and now using a family name of mywife not mind. And 2002 I found a girl and until now we are in stable status. I wanted to settle down with this girl but the mere fact I am a married man. I plan to file an annulment with my wife, Is there a big posibility if I file an annulment case that our marriage will anull? Please help me.

    Looking forward to your reply.

    Thank you

  44. clark_kent March 27, 2007 |

    Just want to inquire about the declaration of nullity of marriage .. If the petition for the nullity of marriage is granted the petitioner can still re-marry?

    What are the procedures in the declaration of nullity of marriage and how long is the process?

    Thanks …

  45. Atty. Fred March 27, 2007 |

    Guys, sorry for the delayed reply…just busy with cases and the elections. Anyway, here goes:

    Joshua, please read this post.

    TerryMD, start with her birth certificate and/or passport, and check her nationality. Then read the related articles in this Forum, such as this one or this one. I’m terribly sorry I can’t go into any details of your query because that would be tantamount to giving a legal opinion, which, as you may have known by now, we don’t do here.

    Marizz, under the rules, the petitioner (the one who initiates and files the petition for annulment or declaration of nullity) pays the filing fees. There are, of course, other alternatives…something which you have to discuss with your lawyer.

    Aaaa1234, it really depends on the circumstances, something which I can’t pursue asking questions because of the absence of an attorney-client relationship (which is the reason why we can’t give any legal advice here). Nevetheless, in general, and as you may have read in other related posts in this Forum, infideliy is not, by itself, sufficient ground to annul a marriage. Many use Article 36 (psychological incapacty), but that is something that you have to discuss with your lawyer. Good luck.

    Dark_kent, of course, both the petitioner and the respondent can re-marry. As to the procedure, please refer to the prevous post on Steps and Procedure on Annulment and Declaration of Nullity of Marriage (click here).

  46. irene_brandon20 April 1, 2007 |

    Hello I have question I been married to a japanese national in 2001 then after that i lost communication with him in 2002, then 2006 i got a divorce letter from him , then I got remarried to an american in 2007 , the process i done in the divorce is the certificate I got from my ex is written in Japanese , so i go to japan embasy in manila and pass it and then they gave me a divorce certificate from then i get it authenticated in DFA , then in manila city hall , then city hall send copy to the local municipal which the married held, then the local pass it to NSO for me get a marriage certificate in my first marriage with the annotation on it.And after 3 months of waiting the NSO want me to go there in person , my question is that what could be lacking in documents for the divorce ? i thought in article 26 I am applicable since my ex husband is a japanese , do i need to get a court finality here coz the marriage took place here ? pls help me coz my petition is on process and I cannot get my surname change into new married name unless i get the NSO copy of my old Marriage contract with the annotation of divorce on it , If ever i will need a court finality how long it will take to get it?

  47. jen April 1, 2007 |

    I have friend here in Dubai. She’s single and fall in love with a married man whose wife is in the Philippines. I can see that they really love each other. But since the guy is married, they decided to wed in a muslim rites, meaning, they converted to muslim.

    Since in the muslim law, the guy is allowed to get married as many as he can as long as he can feed his family.

    They have now a baby and their relationship is still intact, getting better everyday.

    The wife already knows about their relationship, at first she got mad but as time goes by, go on with the flow. She just told the guy that he needs to give something to their son monthly.

    They guy still regularly go home in the Philippines every two years to be with his original family and come back to his family here.

    Though everything seems fine, my friend is still afraid that one day the wife will just file a case against them.

    My question is, is it possible that the wife can file a case to them?
    what are the circumstances?
    How about the baby of my friend, will she be legitimate?
    My friend is already using the surname of his husband when she change her passport.

    Please enlighten me, I want to help my friend…

    Thanks

  48. myagem_18 April 3, 2007 |

    Atty. Fred,

    I would like to know if my bf should get a divorce or annulment or both. We are considering a church wedding but we want to know the legal action we have to take.
    He is a Filipino citizen who married in a civil rite in 1991. He and his wife separated after a year into their marriage. He currently lives in a foreign land and has been a naturalized citizen of that country for more than 10 years now. His wife is still residing in the Philipines.

    What is the best step to take? Thank you.

  49. macel April 3, 2007 |

    Greetings in the name of the Lord!

    I just want to consult you about separation or annulment.
    I am a single mother of two. My kids are in the Philippines and I am here in Canada. I got married in 1993(a month before i gave birth to our first child) and he left us (me and kids) after i gave birth to my second child. That was just a year after we got married. But prior to that, he wasnt coming home when I was pregnant with the 2nd baby. I haven’t seen him since then neither talked to him on the phone. In other words, I don’t know his whereabouts.
    Right now, my papers are in the process for the permanent residency in Canada. The problem is, they are asking me to give them a proof of annulment, legal separation or a divorce paper since I stated in my application that I am separated. Would it be possible to get an annulment done without going through court trials? If not, then what advice could you give me to get a quick proof of separation?
    I am separated (illegally) for 12 years now. Is it true that the marriage is automatically annuled now?

    Please advise… Thank you so much

  50. Jannette April 3, 2007 |

    I would like to seek a legal advise regarding my husband who is mentally incapacitated, can i file a legal seperation? We’ve been married for almost 7 years, having him treated at different hospitals in psychiatric department. He’s condition as per doctor’s advice is incurable, he’s suffering from schizophrenia. My son’s life and I tends to be sometimes put in danger. Is there a chance to have our marriage be null and void? Do i have to file a case for this? I was not really informed of his situation before we got married, it was just 3 days before the date of our marriage that i was able to feel somewhat unusual of his behaviour and his parents and sister just inform me that he’s just suffering from a nervous breakdown. After we got married, i was not convinced with their opinion and I together with my husband consulted the help of a psychiatrist only to find out that he’s condition was incurable and requires lifetime treatment.

  51. Atty. Fred April 7, 2007 |

    Irene, please check the discussions in this related article (click here).

    Jen, I’m terribly sorry that I can’t give you any legal advice, which is what you seek. We’re prohibited from doing so. We only give legal information, not legal advice. Anyway, there’s a discussion about that in the “comments” in a related article (click here).

    Myagem, I guess your question is sufficiently addressed in the article. Please check the portion on Article 26 of the Family Code. Good luck.

    Macel, there’s no such thing as an automatic annulment of marriage, at least as far as the Philippines is concerned. In fact, even if there’s a ground for annulment, a court order must first be secured for purposes of remarriage. Further, note that there is a distinction between de facto separation (or separation in fact), and legal separation. Either way, you can’t remarry.

    Jannette, like the case of Jen (above), I’m terribly sorry that I can’t give you any legal advice. Nevertheless, if you look at the grounds for annulment in the article, there’s a provision on insanity; note the proviso. I suggest you use the search function at the right sidebar.

  52. Eve April 9, 2007 |

    Greetings!
    I was married for about 6 years but after giving birth on the first year of our marriage i immediately worked abroad until now.We have 1 child who is in the care of my parents and sometimes of his family but right now My husband is already living with another woman and has already 1 child.Can i possibly be granted an annulment in case i file one?Can i eventually remarry?Generally, how long does an annulment process take place?
    Hope you can help me with these.
    Thank you so much and more power!
    Godbless!

  53. josie April 10, 2007 |

    Good Day Atty. Fred. The court has already issued entry of judgment and in fact i have already registered the document to family court, place of marriage and NSO that certifies marriage was declared an absolute nullity. All i need is the decree to be registered in same manner. Can my fiance and i get a marriage lisence already for our planned wedding?

  54. josie April 10, 2007 |

    my annulment lasted one year and 2 months only and i spent 80k only

  55. Atty.Fred April 10, 2007 |

    Eve, if your petitition for annulment is granted (just like Josie), then you’ll be able to remarry. As to whether there are sufficient grounds to support your petition, that’s something you should properly discuss with your lawyer. Just note the general guidelines discussed above and in the related topics in this site (like this or this; please see the right sidebar for more information)
    Josie, as long as the procedure discussed here are complied with, there should be no problem.

  56. genesis April 10, 2007 |

    Hi Atty. Fred,

    My marriage was done in negros. If I’m going to file an annulment it should be also in negros? How long the procedure and how much the cost?

  57. genesis April 10, 2007 |

    Hi Josie,

    In what province you filled your annulment case? Is the 80k net/net total amount spent? or only for your lawyer? Please help. Thanks

  58. Atty.Fred April 10, 2007 |

    Genesis, the case is generally filed where the petitioner is a resident for the last 6 months (please read here). It could last an average of 1 year, but it may be lesser or more depending on contingencies. The cost depends on your lawyer.

  59. josie April 11, 2007 |

    Genesis,

    we were married in cebu but i stayed in Iloilo for 3 years before i filed the annulment. 80k was the gross because our ground was absence of a valid marriage lisence. which is why it was faster and lower cost.

  60. helpneeded April 15, 2007 |

    hi i hope you could help me out. Im married for five years and has five kids. I wonder if my reasons woud be valid enough for legal separation.
    year 2004 – my wife went abroad for neary a year. when she came back, i learned that she had an affair abroad, and she admitted that they had sex every chance they had. She wanted to step out of our marriage then but i struggled hard to save our family. if hadn’t got her pregnant then with our 3rd child, she must have gotten back abroad to live with her other man. since then, our relationship had not been the same. we fight everyday, it was totally tiring.
    few months after she gave birth, she flew abroad again. I can’t help myself from getting paranoid she might do the same thing again.
    I had a relationship with a peer, and now she’s pregnant. My wife learned about this and went home at once. She keeps on threatening she will sue us. She even swore she would hurt the girl when she sees her so our baby would be put to danger. I still live with them, but our fights are getting worse. i feel she was getting more abusive. she’s violent, hurting me and living me scars and marks, but i never hurt her back.

  61. helpneeded April 15, 2007 |

    just want to correct my statement. i have THREE kids not five. :) sorry

  62. dangg April 18, 2007 |

    Dear Atty. Fred

    i just want to know what are the requirements for filing legal separation, what is the procedure (or the process)and how long it will take. is the legal separation will be reflected in the record with the NSO?

    thank you Atty. for your reply, appreciate it.

  63. Atty. Fred April 19, 2007 |

    helpneeded, I’m sorry to hear about your predicament. Since you’re simply narrating, I assume that you just want some venue to purge the matters that are bothering you. Good luck.

    Dang, I’m going to post the rules governing petitions for legal separation (ok, posted already; click here). Good luck.

  64. dangg April 19, 2007 |

    Dear Atty. Fred

    i have another question…can i still file or use legal separation even if i’m nine years now separated with my husband. And are you allowed to represent anybody in the court if someone is interested to hire your service and where they can contact you.

    thank you very much again.

  65. dangg April 19, 2007 |

    oppss…one more thing atty….sorry…. what is the meaning of distinction between de facto separation and/to legal separation.

    thank you very much again.

  66. Atty. Fred April 19, 2007 |

    Dang, de facto separation is the mere act of separation between the spouses, without any court order. Legal separation requires a petition to be filed and approval of the court. In de facto separation, the property relations between the spouses remain, and each remains as an heir of the other. These are the basic differences.

    Please click here for our contact details. Thank you.

  67. blue_raven80 April 20, 2007 |

    I was married for 4 years now. I found out that my husband is having an affair with someone. They have been together for 6 years now. I have been a battered wife. I don’t know what to do right now. Please help me.

  68. melissamae April 21, 2007 |

    hi. im melissa..ive been married for almost 3yrs now..im an american citizen …i was born in the united states… im half pinay…i married a filipino.. in the philippines… but we seperated..and i want a divorce or annulment which ever.. wat do you think i should do? im not sure if divorce is recognized sa pinas.. if i file for divorce here would it be recognized sa pinas? please help me…. thank you

  69. zradjail April 21, 2007 |

    Dear Atty. Fred,
    I married to a muslim in Pinas sa civil court. Pwede po bang mag-apply yong asawa ko ng divorce sa Shara’a Court kahit sa civil court kami ikinasal? at valid din ba yon sa NSO?

  70. Nap April 22, 2007 |

    Dear Atty. Fred,
    My wife and i filed a divorce in Dubai Court on November 2005 beacuse my wife converted to Muslim. After several appearance in the Court they granted our divorce. My question is, can i file for annulment in the Philippines due to difference in Religion? Is the divorce granted by Dubai Court can help us in speeding up the process of annulment?

    Thank you.

  71. gerghie April 23, 2007 |

    Deat Atty. Fred,

    I’m 9 yrs. separated from my husband (9 yrs. rin na walang financial support ang kids namin mula sa kanya). How can i get a Separation Certificate and where to go, i need a separation certificate para sa pag aabroad ko, isa kasi iyon sa requirements ng embassy.

    Maraming Salamat sa ibibigay mo information attorney. God Bless!

  72. MariaContra April 24, 2007 |

    What if a couple, both foreigners, got married in the Philippines and after some years, unfortunately, amicably decided to have a divorce in their country were divorce is allowed, would this divorce be recognized in the Philippines?

  73. MariaContra April 24, 2007 |

    The foreign spouse filed for divorce overseas and the Filipino spouse received a “Notice of Entry of Judgment”. Does this mean that the divorce has been granted? If so, does it also mean that the Filipino spouse is free to remarry and may not have to file for anulment?

  74. Atty. Fred April 24, 2007 |

    Folks, may I make a suggestion: please use the “search” function at the right sidebar. Many of your questions are discussed either in other posts or in other discussions.

    Blue_raven, I believe there’s are support or counselling groups for battered wives. They can help you. I’ll try to see if can some contact details.

    melissamae, someone who’s born in the U.S. is not necessarily “half-Pinay”. If you retain your Filipino citizenship, then the discussion in the post may apply to you.

    zradjail/Nap, I’m sorry but really can’t answer your questions because I’m not that familiar with Muslim law. I’ll try to give some insights when I get free time to research. Schedule right now is just loaded.
    MariaContra, as stated above, your first question is discussed in the poast above and the related posts. On the other hand, the “Entry of Judgment” could refer to a judgment which DENIES the petition for annulment/declaration of nullity of marriage.

  75. gerghie April 24, 2007 |

    Atty Fred,

    nakalimutan ninyo po iyon question ko sagutin. How to get separation certificate because me and my husband are separated already for 9 years. I need a separation certificate but i dont know how to start and where to go.

    thank you for your help attorney.

  76. MariaContra April 25, 2007 |

    But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single?

  77. alexsha April 25, 2007 |

    hi! i ned advice pls…..i am an ofw, i havebeen amrried for 1o yrs and my family(my wife, kids)live in the hometown of my wife,thats why nobody told me that my wife is cheating on me,i work hard to give good life to them,until a friend of her told me about it,i aksed her i nshe confess, right now am working abroad coz i need to,tehre are loans that she made that i have to pay,i want for sure to have m yfreedo mand find someon wh osi worth loving legally,what will i do? will all my assets that i work so hard will be divided for between me and my wife?pls help me…can i remmary again?how long and how much will it cost?can i start filinng for annulment on adultery grounds while am stil lhere abroad>pls help me..
    thank you

  78. mommzy May 2, 2007 |

    Atty Fred,

    Is there a way that anybody can get a CENOMAR file from the NSO. This is with regards to my brother again who received a threat from her friend that as soon as she gets all the requirement and information she will file a bigamy case against him. Is is true that anybody can file a case by information to the court? How long will it be when they file a petition? Thanks and I will wait for your response.

  79. territorialregimen May 3, 2007 |

    CENOMAR

    It seems that any person may request for a CENOMAR. Unlike a request for a birth certificate, application for CENOMAR does not require that the recipient be the owner of the document, or his relative. For online application, all the requester has to do is to supply the necessary details in the application form (i.e., name, date of birth, place of birth, etc., of the document owner), and that’s it. Delivery is on the way!

    BIGAMY IS NOT A PRIVATE CRIME

    Bigamy is not a private crime, but a public offense. This is saying that any person, not only the affected parties (i.e., first or second spouse or their relatives), who come to know of the same may file a complaint therefor.

    PENALTY FOR BIGAMY

    Under the Revised Penal Code (RPC), the penalty for bigamy is prision mayor. This means that a person convicted of bigamy could be sentenced to imprisonment that could ranged from 6 years and 1 day to 12 years in the maximum, and to a minimum term of let’s say, 4 years, on average.

    NO PROBATION

    Convicts of bigamy is not eligible for probation. Offenders sentenced to serve a maximum term of imprisonment of more than 6 years is disqualified for probation under The Probation Law of 1976.

    TIME TO FILE AN ACTION FOR BIGAMY

    The issue of prescription of an action for bigamy could be an interesting point of discussion, particularly if the action is filed by a third party.

    But just to put the law plainly, the rule is, since the penalty for bigamy is prision mayor, an afflictive penalty, the action prescribes 15 years (Art. 90, RPC). This 15-year period starts to run from the day on which the crime is discovered by the offended party, the authorities, or their agents (Art. 91, RPC). Putting it simply, a case for bigamy must be filed within 15 years from the date of the discovery of the crime.

    (I said the issue is interesting since the law does not seem to readily address a situation where complainant is a third party. I.e., How the 15-year period is to be counted? From the discovery of the offended party? Or, of the third-party? Hmmmm…)

    Opinion only.
    Caveat lector :)

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  81. bitelnut May 8, 2007 |

    My husband, a US Citizen who is born and raised in the USA and whose legal domicile is in Rancho Cucamonga, Ca, and I, a Filipina currently residing in the Philippines, had met and married in Okinawa, Japan in September of 1999. Our marriage had been registered both at US and Philippines Consulate respectively. In March of 2001, I went home to Philippines after knowing of my pregnancy. Little did I know that it will be the last time I will ever see my husband. In December of the same year, he stopped communicating with me. I can’t reach him by phone and he won’t respond to my emails. Later, I learned from a common friend that he had gotten a 17 year old army brat pregnant, and this fact was also confirmed by my father-in-law, who by that time I had a constant communication with through emails. A few years passed and my son is growing-up yet we haven’t heard from him nor have we received any child support, although I send him emails and pictures of our son from time to time. Then one day, I accidentally discovered his website with a link to his girlfriend’s site. I learned from her blogs that they had been living together since they went back to the USA in 2002 and indeed, had a daughter born about May of that said year. Also, they got married in July of 2007 in California and is now living in Arizona, yet, I haven’t got any divorce papers or any legal papers saying our marriage has been nullified or void. I’ve done numerous attempts to ask for divorce and/or be served my divorce papers but to no avail. My questions are:
    a) Is there any way that he had filed for a divorce or annulment without me knowing it? How can I find out?
    b) Even if I’m in the Philippines , can I file a case for bigamy and/or concubinage against my husband and how?
    c) Can I also obtain help re: child support and custody?
    d) If I file for child support, he might fight for custody, what are his chances of being granted the custody of our son after being a dead beat Dad?
    e) Is there a lawyer who can help me with my case for pro bono? I don’t have lot of money right now and I am hoping that we can be able to squeeze a lot of cash out of him if we can be able to establish a good case.
    f) Thus, this leads to the ultimate question: What should be done?

    Thank you very much for taking the time to reply.

  82. MariaContra May 9, 2007 |

    But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single?

  83. enquirer May 24, 2007 |

    Dear Atty,

    Please could you advise me on the following:

    J is a Filipina who was married to B a Filipino but separated from him. They have a daughter by their marriage. She never obtained an annulment.

    Subsequently, in 1998, she married me, British, in the Philippines.

    We went to live in Britain & she was granted British Citizenship in 2003.

    J then admitted to me that she had not in fact got an annulment to her first marriage. This caused great friction in my relationship with J.

    I have now met another Filipina with whom I wish to have a longterm relationship. She rightly insists she will not do so with a married man.

    It seems to me that my marriage to J was null & void from the beginning.

    How do I obtain a court order declaring my marriage to J as null & void? How long will this take? How much will it cost? Do I and/ or J need to be in the Philippines to obtain this?

    I don’t wish J to run the risk of a charge of Bigamy. Is such a charge avoidable?

    Also, I don’t wish her British Citizenship to be put at risk.

    I am not seeking any kind of ‘revenge’. I just wish to prove that I am legally single so that I can pursue my new relationship.

    Please could you offer me any advice? I’d be very grateful for a reply. Thanks.

  84. batmove May 25, 2007 |

    needs help please,
    I’m here in the US as lawful permanent resident,working on a state institution.I was married in the Phil. last Feb 1997 and been abroad since 2000.Due to unavoidable circumstances,i filed a Divorce on my wife in the Phil, and was Granted here in TX by virtue of default.I have 2 kids with her and gave them the alimony almost 900 dollars every month.She asking me if we can settle the score thru annullment so we can be both free and be legally single when i decided to go back in the phil for a visit.I don’t know the process on this and she told me she knows a lawyer that can help us as long i gave her the money to file for it.Does divorce be recognized on my case if i turned naturalized US citizen by next year?,And be allowed to remarry again here in the states?What should i do?

  85. Kakay May 29, 2007 |

    Dear Atty,

    I have posted early in one of the forums but cannot find it that’s why I would like to post it here again.

    I have a friend who was married to married man. She was told that he had his first marriage annuled but later on learned from he in-laws that no annulment took place. After having the courage to leave him, she left for abroad to work and after sometime got enough money to file for annulment. She filed in 2003 and was told that the court has given its decision and granted annulment to her. Unfortunately, the case still lies with the Office of the Solicitor General and its now been 4 years and the the Solicitors general office has not decided yet whether to appeal or deny the case.

    My question is, if the court has already granted nulity why does the Solicitor’s General’s Office need to appeal or deny my friend of the final verdict? Can the court decision be used as a proof of annulment even without the decision of the Solicitor’s General Office? How long does this usually take to get the decision? Is there a possibility that the Office of the solicitor General deny my friend of the decision?

    Thanking you for your time

  86. Kakay May 29, 2007 |

    Dear Atty,

    Just a follow up question. What would be applicable to my friend? Annulment or declaration of nullity, if there is in fact a diffence in the usage? I have another friend who had an annulment but it only took 2 yrs. As I am reading in the first part of this page, it says that there should be court declaration for a marriage to be null and void so why does the Office of the Solicitor need to appeal on this case?

    Much obliged

  87. MariaContra June 2, 2007 |

    But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single???

  88. sweetest June 3, 2007 |

    Atty. Fred.

    Please Help!

    This is the situation:

    Woman A and Man A had a daughter even before they got married. Within their two years of marriage Woman A had an affair with Man B and decided to leave her husband (Man A), and took their daughter. Finally both parties sorted to separate physically. Until now Woman A is still with Man B and she is having his baby (5 months).

    The question is:

    Man A wants to file for annulment. What would be the possible grounds for this case? How long will it take?

  89. Atty. Fred June 4, 2007 |

    gerghie, if you’re referring to a de jure separation, you need a court order. A petition must be filed in court.

    MariaContra, as discussed in the articles in this site, our laws on marriage, in certain cases, respect and consider foreign laws. This “respect” includes a divorce secured by a foreign spouse abroad. However, the fact of divorce is NOT automatically recognized here in the Philippines. It must be recognized in the proper court proceedings.

    Alexsha, I’m sorry, but I can’t give any legal advice with respect to the merits of your case. As to your other concerns, you may have glossed over the last Q&A above. The duration of the petition varies – it may take one year or less, and it may take more than a year. The cost depends on the lawyer that you’re getting. It may cost you around a hundred thousand.

    Bitelnut, I suggest you go to the Public Attorneys’ Office (PAO) or institutions that provide free legal aid (like the IBP, or law schools that have legal aid programs). Please discuss your concerns with them, as there are definite remedies for each problem.

    Enquirer, you may have noticed in this post (and others) that legal advice is not dispensed in this forum. I hope you understand.

    Batmove, please read the article again, because your concerns are definitely discussed there. Please also check the related article on Annulment and Divorce in the Philippines (click here).

    Kakay, I believe I already answered your questions in your other post. As to the difference between “annulment” and “declaration of nullity”, maybe you glossed over the discussion in the Q&A above.

    Sweetest, please see the answer in your other post. Thanks.

  90. jenron June 5, 2007 |

    hi there! i’m a single mother and i have a bf in the philippines which is still married but seperated already about 7yrs ago.My bf filed annulment last july 2006 and until now we still waiting for the results.It is ok to file a petetion for him as my fiancee eventhough he’s not annuled yet or we still need to wait until he gets annuled?Pls. help me im really confused i dont know how many more years to wait for the results of his annulment.

  91. shyne June 7, 2007 |

    Dear Atty,

    I have the finality and the court decision na po for my annulment. What are the next steps? My lawyer is not good.

    Also, I read in your post that I need to register the finality and the court decision to the court where the decision was granted and to where the marriage happened. AFter that whats next?

    And ung sa NSO po. San pong NSO dapat iparegister ung annnulment? Where i got married or sa Main NSO?

    Please advise. Thanks!!

  92. Atty. Fred June 7, 2007 |

    Jenron, it may be better to wait…unless someone can say it’s the other way around.

    Shyne, in deference to a brother-in-profession, I’d urge you to reconsider your statement that your lawyer is not good. In fairness to him/her, he/she was able to assist you in securing a favorable judgment. I’d like to believe that he/she can answer your questions =)

  93. shyne June 7, 2007 |

    sana nga po eh.. pero grabe sya.. he is not even professional when he is dealing with me. Pero I didnt have a choice since I signed him up. Prosecutor kse sya and he told me that he has a law ofc, pero un pala he just paid some lawyers to appear every time na me hearing. and I even told him about the new ruling on annulment that was approved last March 2003. He doesnt even know anything about that. Ang tanda na nya pero bastos sya makipagusap. I just need the Decree of Annulment from him. Other than that bahala na sya.

    I asked him the same question and he doesnt know the answer. Hope you can help me. Thanks

  94. deesian June 7, 2007 |

    My wife left last 1984 and since then I have never hear from her. I don’t know her whereabouts. All I know is she’s staying somewhere in Mindanao. I wanted to file PRESUMPTIVE DEATH OF MY ABSENT SPOUSE. I’m thinking of marrying someone, Is this the right course of action?

  95. jenron June 8, 2007 |

    Thank you for the reply atty. Fred.My bf lawyer told him that its gonna take only less than a year at maaannul na daw cya,just pay the whole amount kaya binayaran nga ng bf ko the whole amount.Sabi ng lawyer mga 5mtnhs or 6mths maannuled na daw cya pero almost 1 yr na nagkaroon daw ng problem sa mga papers work.Sa palgay niyo ba atty. niloloko lng cya ng lawyer niya kc binayaran na niya lahat ang lawyer.Pls helps us nmn kung anong gagawin namin kung magpapalit nmn kami ng lawyer masasayang lng un binayad namin at panibagong hintay n nmn pls give us some advise naguguluhan na po kami…thank you atty. ilan taon ba talga ang kelangan hintayin para maannul?Pls reply

  96. Atty. Fred June 13, 2007 |

    Shyne, you can read the answers in this article -
    http://jlp-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/

    Deesian, it may or may not be the best option, depending on your situation. I’m saying this because legal advice, aside from the fact that it is not allowed here, is properly formed based on facts. This is done through discussions with your lawyer. There is a discussion on presumptive death in this site and I guess you will have an idea on the pros and cons after reading that article. Here’s the link -
    http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-7845
    (I believe, though, that you’ve read that article because you have a comment there).

    Jenron, as stated earlier, there’s really no fixed timeframe for a petition for annulment or declaration of nullity. It could take months or years to finish, depending on so many factors. What you could do is to ask your lawyer for a copy of the case file (you should have it in the first place), then go over it. You’ll have an idea what happened by reading your case file. Good luck.

  97. pinksoda5029 June 15, 2007 |

    Dear atty,

    I hope u can give an advise to me. Im married until now but physically separated. I’ve been married to him last dec.2003. but before that we been living in together we have a daughter too. we just got married coz my daughter will start her kinder and my family wants us to get married. actually its a forced married coz my eldest brother thraten me if i dont marry within that year he will kick us in the house. they said its not gud to to look if were just living in.so we got married, after a year we got physically separated. he didnt support our daughter since we separate. and now i have bf and willing to marry me the problem is i dont know what grounds i can get to start the annulment. he has girlfriends to rytnow my brother met his girlfriends and told his girlfriend my brother is his cousin. atty, do u think i am capable of getting an annulment and if i do how much money do u think we will need. Hope u can advised me im very confuse and depressed. thank u so so much in advance.

  98. Pingback: Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers at Atty-at-Work

  99. pookybear June 20, 2007 |

    Atty.Fred

    Good day!

    im a filipina and im 29 years old now and have 2 kids,im already separated from my husband for almost going to 5 years now since december 2002.I planned to work abroad and i wanted that only my kids will be my benificiary already not him anymore,since we been separated he dont even make a move to reconcile with me or nor give a support for the kids not even a cent,im not looking forward from the support , i left him coz he wasnt working, he just depend from his parents and he still looking with other girls and i cant stay longer with him anymore so i decided to left him with my daughter and i was pregnant that time with our youngest at that moment ( december 23,2002)and go home to my parents.so now atty. im asking some help and advice do our marriage will be annuled?What i have to do about it. ….

    hoping for your fast response about my problem.

    Thank you and more power to your column.

    Repectfully yours,

    Celestine

  100. deesian June 21, 2007 |

    If my annullment through presumptive death of my absent spouse granted, will my subsequent marriage be null and void if my absent spouse reappear ?

  101. Atty. Fred June 21, 2007 |

    Pinksoda, as to the support, there are remedies available to ask for support. If you can’t hire a private lawyer, please try going to the Public Attorney’s Office (PAO) to get assistance. You might as well discuss with them the facts to support your potential case for annulment / declaration of nullity. Your lawyer will have to assess the entirety of your story to see what ground you could use for the petition. I can’t solicit those facts because, as you may have noticed in the posts in this Forum, legal advice is prohibited here.

    Pookybear, thanks for the kind words. The response for Pinksoda above also applies to you. I also suggest you read this article (as well as the related articles…you could check the right sidebar for “Related Posts” or use the search function in this Forum) -
    http://jlp-law.com/blog/divorce-annulment-philippines/

    Deesian, you can get the answers by reading this post:
    http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/

    Good luck and God bless, everyone.

  102. gezzy June 23, 2007 |

    hi atty fred! im an ofw and i was away for 3 years now.ive read that i can file an annulment eventhough im away.i dont have any communication with my x husb anymore for 7 yrs now and ive learned from a common friend that he had his own family now and had a kid.i want to know where can i file an annulment and how long will it take?how much am i going to spend?we had a son and my son lives with my parents back home.im supporting my son alone.thanks and hope to hear a reply fr u soon.more power and God Bless

  103. Atty. Fred June 25, 2007 |

    Gezzy, your question as to where you could file the case is addressed by the last item in the Q&A above. You could also read this related article:
    http://jlp-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/

  104. Pingback: Annulment in the Philippines: Questions and Answers (Part 2) at Philippine e-Legal Forum

  105. Pingback: Annulment in the Philippines: Questions and Answers (Part II) at Atty-at-Work

  106. annfrans July 4, 2007 |

    atty fred, my name is ann.both of us were muslims.and married in muslim rights.we were both agreed to get separated . and ask him to file for divose in USA. he’s been there for 7 years now. i wanted to go to USA and work there and get my own citizenship. my previous lost passport is with hes name on it. now i wanted to apply as single and changed hes name on my passport. is that possible?

  107. annfrans July 4, 2007 |

    follow up question: where can i file my judgment of absolute divorce? here in the philippines.

  108. Atty. Fred July 5, 2007 |

    Annfrans,

    There are a number of options under the Code of Muslim Personal Laws of the Philippines (P.D. 1083). This is not a legal advice and, of course, you have to consult your lawyer to determine which one is applicable to you.

    1. Divorce by Ila (vow of continence by the husband). Where a husband makes a vow to abstain from any carnal relations (ila) with his wife and keeps such ila for a period of not less than four months, she may be granted a decree of divorce by the court after due notice and hearing (Art. 47).

    2. Divorce by zihar (injurious assimilation of the wife by the husband).

    3. Divorce by li’an (acts of imprecation). Where the husband accuses his wife in court of adultery, a decree of perpetual divorce may be granted by the court after due hearing and after the parties shall have performed the prescribed acts of imprecation (li’an). (Art. 49)

    4. Divorce by khul’ (redemption by the wife). The wife may, after having offered to return or renounce her dower or to pay any other lawful consideration for her release (khul’) from the marriage bond, petition the court for divorce . . . (Art. 50)

    5. Divorce by tafwid (exercise by the wife of the delegated right to repudiate) (Art. 51).

    6. Divorce by faskh (judicial decree). The court may, upon petition of the wife, decree a divorce by faskh on any of the following grounds:

    (a) Neglect or failure of the husband to provide support for the family for at least six consecutive months;

    (b) Conviction of the husband by final judgment sentencing him to imprisonment for at least one year;

    (c) Failure of the husband to perform for six months without reasonable cause his marital obligation in accordance with this code;

    (d) Impotency of the husband;

    (e) Insanity or affliction of the husband with an incurable disease which would make the continuance of the marriage relationship injurious to the family;

    (f)Unusual cruelty of the husband as defined under the next succeeding article; or

    (g) Any other cause recognized under Muslim law for the dissolution of marriage by faskh either at the instance of the wife or the proper wali.

  109. Dana Melissa July 5, 2007 |

    Atty Fred,
    I am 17 yrs separated to my ex Japanesse, one week after the marriage that we were together he went back to Japan because of his work, knowing as we planned I was to follow him there within 2 months as I was waiting for Immigration to approve my visa.
    During that time I was suprised to recieve a phone call from him saying that he is no longer waiting for me as he had heard that in the Philippines papers are often fabricated for a cost, which he told me that the marriage is not legal, no matter that I told him the marriage is legal but if he did not want to be married to me anymore then he can do the right thing for me and come back to the Philippines and get an annulment so that I can be free to get on with my life and if later on I find someone special then I will be free to marry again, as I think that is the least you can do for me.
    His response was its up to me as he is not interested and it doesn’t affect him since the marriage is not registered in his country, and with that he hung up the phone.
    After sometime when I had calmed down from the shock of his treatment to the marriage i decided to try and talk to him again, but only to find out the phone number no longer existed, and he had moved. So after many months of trying to track him down without success I became so disillusioned that I gave up trying to find him.
    The reason it is effecting me now is because I have met someone whom I want to spend the rest of my life with and as he lives in another country but has put his life on hold to come to live with me for 1 year as his Immigration states that the least you can have to move to his country is living together and marry within the 9 months the visa is given.
    So as you can see after getting married and actually only being together for only one week under the same roof before he went back to Japan it has been a hefty price I have paid for the last 17 years and even more so now as I have finally a chance at true love and happiness which I think I am entitled to now.
    Now my question is if I will file for abandonment which I have been adviced to do since it was him that left me, will I still get the same entitlement as an annulment would? meaning will it show the like to an immigration department that I am now single and free to marry as I need this to show so that I can go and marry my partner in his country?
    Thank you for any helpful information you can give me as well as an estimate of how much will it cost for an abadonment, aswell as the cost of an annulment if need to be done that way.
    Again thank you very much, hoping for your reply.

    Yours Sincerely,
    Dana Melissa

  110. white July 7, 2007 |

    Atty Fred,

    I would just like to ask two things, first is how long does it normally take for the judge to issue a decision on the annulment case (2 months, 3 mos.)? Second, what does it mean by the final decision to be reflected in a publication “of general circulation,” does this include national dailies or is it limited to notices posted in RTCs?

    I am waiting for the decision of the RTC judge on the annulment case filed on me after receiving the notice last May 22, 2007 that the case I’m into has been set for decision. By the way, all throughout the case i have never made any single reply nor appear in any of the meetings and hearings since Oct. 2006.

    Thanks very much in advance for the enlightenment on this regard, keep up the generosity.

    White

  111. Atty. Fred July 10, 2007 |

    Danna Melissa,

    I’m sorry to hear about your predicament. Abandonment is a ground for legal separation, not annulment. Even if the petition for legal separation is granted, the petitioner CANNOT remarry because the marital tie is still legally existent.

    White,

    I couldn’t possibly give you a definite perod for a judge to “normally” issue a decision in an annulment case. It could be a month or it could be a year, depending on the court’s docket (and other factors). On the other hand, In case service of summons was made by publication, notices posted at the RTCs does NOT comply with the requirement that in cases where the service of summons was made by publication, the parties shall cause the publication of the Decree in a newspaper of general circulation (the summons is normally served on the respondent when the petition is filed, but is resorted to when the respondent cannot be located at the given address or the whereabouts are unknown and cannot be ascertained by diligent inquiry).

  112. Dana Melissa July 14, 2007 |

    Atty Fred,
    Thanks a lot for your reply, to follow up on my question atty, if I will file for an annulment what grounds can I use? by the way atty it was Sept 10 when we got married, we were suppose to get a marriage license in Manila City Hall on that day but the Rev who solemnized our wedding said before that we can get married right away at the same time we are getting our marriage license. the marriage license shown it was taken in Cavite dated November 11 can I use this as a ground for getting an annulment? if I am living in another country can I still file for an annulment from there? will you handle my case if in the future I decide to file for an annulment and could you please give me an estimate cost for this matter?
    Thanks in advance atty I will look forward to your reply.

    sincerely,
    Dana Melissa

  113. redrooster July 14, 2007 |

    Hi Atty,

    Thank you for putting up this site. I’ve been online for many years now and I’ve searching for the right forum to seek help on my rather complicated sistuation. Hoping to get the right answer this time.

    ========== About my problem ===============

    When I was down South of the country in ’93 finishing my short stay, I fell in love with a girl. I was 21 and she’s 19 that time. Despite my knowledge that she’s “an alaga” of a top ranking PNP official there at that time I hooked up with her.

    I knew I will be sent home by my employer to Manila soon so I offered her “marriage” for her to escape her married sponsor (she’s a “PNP scholar” as I may put it.) Her parents didn’t know of our plans because they’re in favor of her sponsor. The whole townfolks know about my girl’s affair with her sponsor so the only escape is to marry somebody like me who is new and not from that territory.

    She took my offer seriously and I was already trapped with my own silly plan. So she fixed our wedding on the day I’m finally set to leave. I thought she wont make in time to arrange for the civil wedding. She faked all the signatures and what have you to get the wedding done. It was a quick wedding and I took my plane.

    When I arrived in Manila I was expecting a call from her but didn’t hear from her ever again. I gave her my contact number but not one call or letter.

    I don’t know where she lives now (or then). Don’t know her parents address and don’t know how to contact her.

    The record at NSO says I’m a married man. I tried contacting my “wife” on the address on the NSO photocopy of our Marriage to no avail.

    How can I fix this? Our marriage for 14 years was not “consummated”, is it still valid? Can I marry my current girlfriend and assume no responsibility with my former marriage?

    ========== About my girlfriend’s problem ===============

    My girlfriend now, married her boyfriend 4 years ago not realizing that the man is married to somebody else and has a child already. They separated on the same year that she found out about the first marriage and she did not file action against her ‘husband’ knowing that theirs can be consider null and void automatically without question.

    Now she is being bothered by her ‘husband’ saying that his previous marriage got annuled.

    Will theirs be automatically take over and become legal? What can my girlfriend do to win by technicalities?

    Thanks for the help and more power!

    Red Rooster

  114. Atty. Fred July 15, 2007 |

    Red Rooster,

    You may have overlooked the discussion in the post that for purposes of contracting another marriage, a previous marriage must be judicially declared as a nullity – even if that previous marriage is considered as null and void because of certain defects. In other words, you must file the appropriate petition in court. This seems rather absurd, I know, but the law is the law. As to the exact ground(s) for annulling your marriage, please discuss that with your lawyer as he/she would be in a position to render legal advice (I’m sorry if we can’t give any legal advice in this Forum, as this is prohibited). Nevertheless, tell your lawyer about the falsified documents, as this would be very material to your petition. Good luck.

    Dana Melissa,

    Yes, you could file the petition even if you’re abroad. Please let us know if we could be of any help in the future. Good luck.

  115. Dana Melissa July 15, 2007 |

    Atty Fred,
    Again thanks alot for your early reply,
    could you please give me what cost is involved in getting an annulment done so I can start to organise financially
    your sincerely,
    Dana melissa

  116. Kakay July 15, 2007 |

    Dear Atty.

    Is it normal to wait for the final decision from the Sol Gen. having the decision of the court released from 2004 and until now the Sol Gen have not pass its decision with regards to my friend’s annulment case. My friend’s ground for annulment was that her former husband was already married and never been annulled to his first wife. She filed for annulment in 2003, the court granted the annulment in 2004 and yet the final decision from the Sol Gen has not been given yet, is this normal. What are the documentations for which my friend can ask from her lawyer to ensure that the later have trully filed the case and truly there was already a court decision for this.

    Best regards,

    kakay

  117. Atty. Fred July 16, 2007 |

    Kakay / Dana Mellisa,

    I believe both of your concerns are addressed in another topic in this Forum – here. Good luck!

  118. ronald_james July 24, 2007 |

    hello there…i am so much interested in this issues that you are providing us,in such a way we ourselves are so much into it.My case is really petrifying because i really want to end my marriage with my husband wich is I really don’t know where to start and how to do it.He is alcoholic and a weed user which really caused me to worry so much and I am here in canada now that I eally hear issues about him which really petrifies me.We have a 7 year old son and is leaving with him together with my inlaws.I went back home for two months there in the Philippines lately Feb-April and it is really so disturbing because when he is drunk and get high with drugs-its very uncosiderrable in my side and very much unfair on my part.The main point here now is I really want to end my marriage with him-boldly and legally,but I just dont know how to start.This has been the problems that occurs me since the beginning,I married him because there is a sexual affair happens between us which we end up get marry but as my father had told me before that it is very wrong to risk the capacity to decide that way.If you could consider my situation and give me some advise will be very much valued and appreaciated.Thanks and more power.

  119. ronald_james July 24, 2007 |

    part two: We have been married for more than seven years,I am a woman who really values the power of being submissive to my husband with all of my heart and soul supposedly but our situation really can’t keep me to live in this situation anymore and it is unbearable.I really feel I dont love him anymore and that is why there is no point keeping me to save this marriage work out.I tried so hard to keep our marriage but I am so much decided now to end it.I can no longer take risks in the future,me being not there is very much disturbing.Me being here abroad, I almost get derranged thinking about how to get off this mess.I am so much concerned to get my son out of him obviously.When I took my vacation there in the Philippines recently my mother-in-law even told me things which serves me as an encouragement to push thru in ending up this marriage”PLease be patient for now,never mind about him…all you have to do now is to think of your son’s future.You can get your son with you even without him”(that’s what my mother in law told me).We even try to talk to him to bring him to the rehabilitation center but he refuses.There are couple of times also that my husband told me that we should seperate.The thing he utters this words everytime he is not normal means he is drunk that when i get all these words from him.Which is for me very unfair because I want it to be done accordingly with legal process but not by words alone.He is very unaware of my plans.I am very persistent now that I must end this up before it is too late for everyone. My reasons are so clear that I can’t bear and I can no longer take any possible chances that somebody might suffer this in the end if we still continue this marriage.I don’t wanna risks any of our lives,especially concerning my son. I had observed that our son is getting so affected in this that he chills and very frightened whenever my husband is drunk and I really thought there must be something behind this that I don’t know and I don’t have any idea how is it going everytime because I was’nt there to witness everything.Please save my future and my son’s future from getting out of this very traumatic situation.Your advices I desperately need.Please do give me hope.THANKS again and MORE POWER.GOD BLESS!

  120. Atty. Fred July 25, 2007 |

    Ronald_james,

    It’s really sad to hear marriages not working out, but it’s a reality that happens a lot. You may be aware that we can’t possibly give any legal advice here, a limitation that we make clear so as not to disappoint our community members who are seeking legal advice.

    I personally share your stand that all avenues should be explored to save a marriage, although there certainly are limits. If you want to get out of a marriage that, there are a number of grounds to choose from. This is something that is properly discussed with your lawyer, as he would be in the best position to decide what’s the best ground to seek an annulment or declaration of nullity. Moreover, there are options other than filing an annulment case here, as in the case of former Filipinos, something which you could read in the pages of this Forum.

    In the end, it would be presumptuous of me to give any assurance to “save [your] future and [your] son’s future from getting out of this very traumatic situation.” This is something you should (and can) do.

    Good luck and God bless.

  121. ronald_james July 25, 2007 |

    atty. fred:

    Thank you very and now I have hints how to get my queries in a way that it suppose to be.Well, so far I have read those grounds in the annulment and seperation coverage and have given me diversity of actions.It is sad that I do not know how to reach those people who can really make this steps posible for me.Is there anyone you know or colleagues here in vancouver canada whom you can refer to me?whom I can ask for counselling or to a lawyer whom I can make process my case?I will be going back to Philippines somewhat in April next year-is there any person whom I can collaborate with there?Such public issues like this is very helpful to the masses and I really value your time attending to us.You are one of a GREAT PUBLIC SERVANT!!More power!I would be always keeping in touch with all the answers to all of my queries,Thanks again in advance.GOD BLESS!

  122. pamela July 31, 2007 |

    hi atty! i read article 26, and somehow it does apply to my situation. im married to an american citizen and got married in the philippines. currently he lives in kuwait with his mistress and their 1 yr old daughter whilst im here in london. my questions are as follows: 1. if he gets a divorce in kuwait, will our government accept that to legally end our marriage ties? (although he’s a us citizen, he hasnt been to the us for almost 5 years). 2. the more i read about the grounds on annulment and legal separation, it seems that our case inclines more towards legal separation (which i dont want) – earlier this year, he confessed to me that they got married somewhere in the middle east so that the child could use his name (child was born in the philippines), but later on divorced the mistress. I do not know as to what grounds i’ll file the annulment for. 3. how long does this process (annulment) normally takes?

    thanks!

  123. Atty. Fred July 31, 2007 |

    Pamela, the apparent unfairness of Art. 26 is that the Filipino spouse could not initiate the divorce even if the foreign spouse is doing things that would ordinarily be a ground for divorce abroad. This may be unfair, as it may be true that the foreign spouse is guilty of so many things that would considered as grounds for divorce (other than no-fault divorce). However, this “unfairness” is just a recognition of the fact that Filipinos are not allowed to get a divorce. Nevertheless, annulment or declaration of nullity may always be secured here in the Philippines, although it’s not as easy as divorce procedures. The fallback position is Article 36 (psychological incapacity).

    I’m not really sure if that divorce will be recognized in the U.S, but perhaps we can post the information here should we confirm it. The rest of your queries are addressed in other posts in this Forum. Perhaps you can start with Part II of this Q&A (see the link at the last part of the article) or you could read further here:

    http://jlp-law.com/blog/costs-in-seeking-an-annulment/

    Ronald_James, will let you know if I find someone in Vancouver who could assist you (as annnulment may be filed even if you are abroad). Anyway, you could always call our office when you take your vacation in the Philippines.

    Good luck to both of you.

  124. pamela August 1, 2007 |

    thank you ever so much atty fred! hopefully, we could get confirmation as to whether a divorced filed or granted in kuwait will be recognized in the us or better yet in our country, especially in our situation that im a filipino citizen and he is a foreigner and that we live separately abroad.

    pamela

  125. Atty. Fred August 2, 2007 |

    You’re welcome, Pamela. Good luck.

  126. ratatouille August 4, 2007 |

    Atty,
    What are the three most common grounds among the 10 to file for Legal Separation? Do you have statistics or anything that could back it up? It’s okay, pag wala, just need the justification. Thank you! God bless!

  127. maricel August 6, 2007 |

    atty.fred,
    im maricel,22 years old here in korea. i was married to a korean man in the philippines.but now his planning to get divorce with me for only one day here in korea.but how about me is also my papers automatically annuled with him in the philippines.i am not yet a korean citizen here actually my husband didnt hesitate to gave my alien registration here..what will i do next?thats why when we go to the court i say no.my husband get angry with me for what ive done.i just said that they must give me time to think about that.coz im not so sure for my future to remarry again.how about my life i am so young for that matter.i am not sure what will happen in my future.pls.help me..i dont know what will i do next.i cant process my papers here because i dont have alien card here.

  128. rona_d_simple August 6, 2007 |

    Atty.Fred
    In my case …I marry a man I like but he doesnt like me. Im 7 yrs. older than him.That time dahil sa malaki talaga ang ang pagkagusto ko sa kanya ginawa ko ang lahat para may mangyari sa amin.Katunayan 2 beses na nya akong inayawan at iniyakan ko.Una ang totoo wala pa pala syang karanasan.Napatigil sa pag-aaral at natakot ng umuwi sa kanila kahit na sinusundo pa sa amin. Nagsama kami pero wala nga un sweetness.Pinagkatiwallan ko sya at palibhasa bata pa naubos nya ang savings ko sa kakagala lamang. Magaling syang gumawa ng kwento akala ko my trabaho sya un pala ang ginagamit nya un savings ko nun dalaga pa ako.Iresponsable sya… at lagi kong sinasabihan na walang kwenta at walang silbi. Nakatikim ako ng suntok dahil dun.Meaning atty fred nakasal ng walang pag-ibig.Nagkaanak kami ng isa at walang 1 yr hiwalay na. 1991 – 2007. Wala pa rin syang pagbabago tamad pa rin at irresposable. Mula ng magkahiwalay kami 4 na beses pa lng kami nagkita un ay dahil ako pa ang tumatawag kahit na malayo at busy ako…naghahanap kc ng ama ang bata.Year 2002 un huli na nakita ko sya pero hindi kami nagkausap. Pwede ko bang ipa annul ang kasal namin? Ayoko na pong kasing gamitin ang apelyido nya? Ano po ba ang mga grounds na puede ko isampa para mapa annul ko ang kasal namin. Nga pla atty. fred nagpakasal kami sa city hall… ang nagkasal sa amin sa natatandaan ko po ay hindi judge ewan ko po mukhang raket un…basta na lng po nagkapirmahan eh…Last wk ko lng po na tsek sa NSO at nakaregister nga.
    Atty. pcencia na po… gusto ko na po kc na magkaroon ng peace of mind.
    Rona

  129. Atty. Fred August 6, 2007 |

    Rona,

    Nakakalungkot ngang isipin na ang pagmamahalan, at ang kasal, ay nagiging marupok sa pagdaan ng panahon at mas nakakalungkot kung may mga bata – na wala namang kasalanan – na naiipit sa hindi pagkakaunawaan ng mag-asawa. Marahil ay iyong nabasa dito sa Forum na ang pagiging iresponsable ay hindi sapat na dahilan para pawalang-bisa ang isang kasal at kailangang tingnan sa pangkalahatan kung ito ay maaaring nasasaklaw sa “psychological incapacity” (but this is in general and may not apply to your situation). Kung sa city hall kayo nagpakasal, baka ang Mayor ang nagkasal sa inyo. Mas mainam na i-discuss mo ang mga ito sa iyong abogado dahil hindi kami maaaring magbigay ng legal advice dito. Ang ibang mga grounds para ma-annul ang isang kasal ay nakalista sa itaas. Good luck.

    Maricel,

    I couldn’t quite get what you’re trying to say. If you’re asking if a divorce secured by a foreigner-spouse is recognized here in the Philippnes, the answer is yes (as discussed in the posts here). Anyway, please visit the Philippine embassy or consulate should you need help with your papers.

    ratatouille,

    I’m sorry I have no hard data for you. I believe that data could be secured from the Supreme Court (if you get it, please share it with the rest of us =). Anyway, based on the cases we’re handling, Article 36 (psychological incapacity) is the most common ground used in having a marriage declared as null and void.

  130. louie5557 August 7, 2007 |

    Atty Fred,

    I hope you can help me.
    I am professional engineer working as an OFW and have been married for 18 years. I have 3 kids, aged 17, 14 & 6. My wife is Manila with my kids. I have a strong evidence that my wife is having an affair with another man. And this has happend in several occassions (with different men) during our married life especially when I am abroad. Now that I cannot take it anymore and my kids are now affected, I would like to file a petition for Legal Separation against my wife using sexual infidelity.
    I am concern about the safety, custody and continued education of my kids especially the eldest which is graduating this year. My wife, being so violent may harm my kids (lalasunin ko itong mga anak mo as she say sometime) when she finds out that a case of sexual infidelity is filed against her. My question is, upon filing this petition, can I get a provisional order from the court granting me custody for my kids prior to her summon and while case is being heard. Basis will be child safety, welfare, and continued education?
    Once summon is served to my wife, can I immediately live separately with my kids in my custody while the case is being heard?
    Can I take some of my properties, two (2) cars and land titles for safe keeping?
    Your advise is greatly appreciated.

    My wife is just a high scholl graduate, very rude with my kids and does not give regards to the future of my kids. What if the man she is seeing lately has a plan to harm me to take my place in this family.

  131. Atty. Fred August 7, 2007 |

    Louie,

    The specifics on your wife are not really necessary, partly because it’s better for the parties to retain the respect for each other, if only for the kids. Besides, we can’t possibly consider those facts because legal advice, as it applies to your situation, is not dispensed in this forum. That being said, let’s discuss general information.

    There’s such a thing as de facto separation, which simply means separation in fact. The spouses simply decide to live separately from each other. Custody while the case is being heard is called custody pendente lite (just like support pendente lite). The custody of children is generally with the wife, although a child over 7 years of age may choose which parent to be with. For those below 7, the father must show compelling reasons to deprive the mother of custody, discussed here:
    http://jlp-law.com/blog/basic-issues-in-child-custody/

    Properties in possession of either spouses are always subject to the orders of the court.

  132. ilongranger August 30, 2007 |

    atty,

    my wife will be filing an annulment and will be using the pyschological incapacitated against me..pero nag usap narin kami regarding this matter sabi nya eto na raw ang pinaka mabilis na process ng annulment..my questions are; can i still get marry? coz i heard kung sino lang ang nag file ng annulment sya lang ang pwedeng magpakasal at akong pinalabas na masama just to have an annulment sa marriage namin eh wala nang chance makapagpakasal?at meron pa bang akong karapatan sa mga kids namin?

    thanks

  133. maricel September 1, 2007 |

    atty.fred

    once again thanks for the reply…i have another question about our divorce here in korea..what if me and my husband together initiate the divorce and that divorce paper enclosed that my husband made the mistake so that we are going to take that divorce..Is it automatically accepted in the philippines?..MORE POWER AND GOD BLESS!!!!!!!!!!!!!!

  134. george September 9, 2007 |

    I have a question to ask too. I am a filipino by birth but is an american citizen when i got married in the phil 3 yrs ago. My wife refused to come to the US. Instead, she went to UK. She is now living in with another Filipino who is the father of his 1 yr old son. I am filing a divorce in order to end the marriage.. I understand that i can remary in the Philippines provided i file a petition for recognition and enforcement of the divorce (filed here in the US)in the Philippine court. How long will it take to file and process for this petition.
    I greatly appreciate any information you can give me.

  135. Atty. Fred September 10, 2007 |

    Ilongranger, your concerns were addressed in your other comment.

    Maricel, incidentally, we had a similar academic discussion over lunch some time ago. The law provides that the divorce should be “validly obtained abroad by the alien spouse.” The question is this – if it’s a joint petition, would it still be covered by Article 26? Let’s have a discussion/debate. =)

    George, it should be a relatively simple process and takes only a couple of months. Good luck.

  136. despirado September 13, 2007 |

    i have a question paano po ba ang first step s pag fi-file ng legal seperation. gusto ko po kasing mging legal na ung seperation namen ng wife ko. 2years n kmeng hinde magksma nasa side nya ung 1 anak namen. reason nia ky sya nkipag hiwalay dhil d n raw sya msya dhil di ko nbibigay ang mga luho nia sk mrame nakakakita na relatives ko n may bf sya. then ngayon po pregy n xia s bf nia nkita ko po n mlaki n ang tyan nia nung nag visit ako s knila pra mag bgay ng allowance s anak nmen. ang sbi ng kapatid nia dis coming october ang labor nia. gus2 ko n po mag file ng annulment para d n sya bumalik sa akin ska ayoko kasi na s aking surname ang gmitin nia pag sinilang nia ang anak nia s lalake nia. marameng salamat po god bless!!!!

  137. george September 14, 2007 |

    thanks atty fred. do i need a lawyer to file for this petition? How much would it cost?

  138. george September 14, 2007 |

    just a follow-up question. Do i have to be in the Philippines to file and process the petition? Thank you so much.

  139. jlo September 18, 2007 |

    Good afternoon. I would like to ask how it will affect the case if the respondent for a “petition for declaration of nullity of marriage” does not answer the said petition but decides to appear for interview with the prosecutor and admits being in constant communication with the petitioner even after the filing of the case?Constant communication here means that husband & wife still see each other and talk almost everyday with some sexual intimacy involved on several occasions. However, petitioner has not withdrawn the case despite these recent developments in their relationship. Respondent, on the other hand, has not contested because she does not want any more fights between them especially in court. Please enlighten me on this matter. thanks & God bless!

  140. accident September 21, 2007 |

    Hi good day. Im a man who had a huge and terrible problem.if there is kind person here please help me. my situation is these. i had a gf in manila then i go to cebu to work there then i mit a girl then accidentally we had sex and for that she got pregnant.the girl is fertile and did not tell me about it.now she is pregnant.my family did no like the girl cause i we don’t know much about each other.my family and her family had already seatle.my family wants to fake the marriage.but they insist that there the one who will take care of it and processe the paper on their own city hall.so my prob is this i love my girl friend and i think im the loniest man in the whole world.marriage is to forever and ever.what id like to marry is my gf.and share my life wth her.we really love each other.i tell her the truth.and we really love each other much so we don’t know wht to do.i wnt to marry her.so im suggesting to give my birthcertificate and have a proxy of myself or i will go to his place so we could be married.my prob was i wnt to marry my gf first b4 its too late and that i may married the other girl which is i dont really love.please help me.my gf and i were crying everysingleday.i need a rush solution please help me anyone GODBLESS YOU.

    and one more thing if im maried in the manila and and cebu.the prob is can they trace that ive married twice.

    i wnt to marry my gf so the second would not be legal.its hard to marry the girl that you dont love isn’t it.please somebody help me.attorney help me.i nid an insant answer.my heart and my mind is sufferring. please help me im begging for a help.ill wait for the answers.GODBLESS YOU.

    i dont wnt to be annulled please help me

  141. gracieneil September 21, 2007 |

    Atty,

    I had been separated from my husband since Jan., 1989 and he has been cohabiting with not only one but two women in separate places, one in Quezon City and one in Pampanga. He got three children with woman no. 1 in Pampanga but the woman had abandoned him last December 2006.

    I have no regrets in our separation because of his womanizing ways. I didnt file for annulment because my salary cant afford it neither he because his income is not enough to support me and my two sons and his women. Fate was unkind to me, the office I worked for since 1993 closed due to bankruftcy last year. So I started to chat online and finally I found an american who is more than willing to marry me in the United States. He himself has financial problem because his third wife has drained his savings, enough reason for him to file divorce and expecting the court decision this October 11.

    I attended a seminar this morning and my seatmate told me that Senator Loren Legarda has been interviewed wherein she stated that if spouses has been separated for eight years, filing of annulment is no longer necessary. Could you please enlighten me on this? Because if its true, then I am qualified and if ever, will the US Embassy still look for proofs like court rulings that I am indeed qualified to remarry without filing for annulment?

    I am 55 years old now, cant find job here anymore so I opted that I go to US wherein it is easier to find job, I prefer to live there too because Bruce, my bf is 63 and I think he could be well taken cared by his medical benefits there instead here. He has planned earlier to retire here in Philipines but I told him his pension may not be enough for us, since I have other obligations to settle like credit cards whose collection agencies keep harassing me.

  142. gracieneil September 21, 2007 |

    Atty,

    I would like to go to US as regular tourist but I dont dare apply for an interview because I have a pending petition as immigrant which was filed by my brother in June, 1994. I think it will take 5 years more before it could be approved and I dont want to wait because I dont have job here so I want Bruce to file for a fiancee visa.

    This is the reason why I inquire about annulment, how true was Senator Legarda’s statement?

  143. vrr_11 September 22, 2007 |

    Atty,
    I had been married b4 but we got separated after 8 months after our marriage and for a total of 7 years we never see each other . I thought the our marriage was never been valid since we are both 18 yrs. old and i have no parent consent wen we got married . So when i met someone and fall inlove , we got married but after I found out that my first marriage was actually valid . So i decided to file an annulment and got my first marriage annulled. my question is , do i have to file for a voidable marriage for my 2nd marriage ? as i read the philippine law my 2nd marriage is void ab initio . One more question , after i got my 1st marriage annulled , me and my 2nd husband decided to get married again .

  144. Atty. Fred September 28, 2007 |

    Everyone, sorry if these answers are delayed…just got swamped with work at the law office.

    Despirado,
    First off, please note that there’s a big difference between legal separation and annulment (and you seem to use them interchangeably). The steps in filing a petition for annulment had been outlined in this post -
    http://jlp-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/

    George,
    Unless you’re familiar with the legal procedure here in the Philippines, you need a lawyer to assist you in filing the petition. As to the costs, it depends on the lawyer that you’ll hire.

    Jlo,
    That issue may come up in court, so it might not be appropriate to comment on those. Anyway, we have discussed that the fiscal has the duty to determine whether there is a collusion between the parties.

    Accident,
    It is not only against the law to marry twice, but it’s also unfair to all concerned. As you said, marriage is supposed to be forever. Make up your mind and decide who to marry. You have to take a stand. Remember that you will be raising a family, and it’s always good to start it by making a stand. Good luck and God bless.

    Gracieneil,
    Maybe you’re thinking that there’s no more need to file a petition in court. Please read this related article:
    http://jlp-law.com/presumptive-death-of-a-spouse-for-subsequent-marriage/

    vrr_11,
    Any subsequent marriage, as long as the first marriage has not been annuled or declared null and void, is also void from the beginning.

  145. lot September 28, 2007 |

    atty, i married my husband 9 yrs ago because i got pregnant and my mom and his dad agreed that we marry so our baby will hamve his name.we didnt leave together and not see each other after the marriage because we really dont want to get married.now that i found someone i want to marry,i want to know what should i do.pls. help me thank u so much

  146. lot September 28, 2007 |

    addition to my questions,i want to know if i can file presumptive death of my absent spouse.i really want to know about this.pls. help me.im in korea now and having a hard time finding about this sepaRATION

  147. scofield October 1, 2007 |

    atty,

    My ex-wife and I are separated for about 3 years now (i’m cuurently working abroad) and I want to file an annulment but I am confused with what grounds to use.
    If my wife threatened me that she will kill herself the day I moved out of our house, if she’s hurting herself in front of me to make me change my decision,and if she hid our daugther so I won’t be able to see her and will only allow me to see our daughter if I come back to her, are these enough proof for phsychological incapacity?

  148. kmnevalga October 2, 2007 |

    Atty,

    Seven years ago, my husband and I moved to the US. While we were there we obtained a US divorce. I have returned to the Philippines. My ex-husband is still a Philippine citizen and still resides in the US. He has since remarried and started a new family. I have met someone and would like to remarry also. Can my ex-husbands US marriage/family be considered infidelity in an annulment?

  149. hero October 4, 2007 |

    atty fred,
    gud morning sir,i just like to ask what im going to do with my ex wife..we got married sometime in january 2003..she is working abroad that time,saudi arabia..i was left alone here working in a hospital.so,years goes by my love to her and affection fade away.we had continue communication untill 2005,that time she comes home for a vacation..honestly i didnt feel anything to her,i really dont know!she leave again after a months of vacation without talking about our feelings..we are assuming that everything is ok,but the truth is not..suddenly we got separated..The problem is,i discover last month that she gave birth to a babyboy.It is impossible that the baby is mine,so i confront her sister just to confirm everything i learned..Also she had a boyfriend,an indian!Its all true!!sir,its funny to know that i learned that from friendster.com..she had a picture with the baby boy..sir,what are the legal issue we are going to settled? Thanks for your time reading my letter.hoping for your legal advice…

  150. Atty. Fred October 5, 2007 |

    Lot,

    Whether a declaration of presumptive death is applicable in your case is something that should properly be discussed with your retained lawyer. I’m prohibited from discussing that here, and I apologize for that. In any case, you also need to file a petition, which means you have to go to court (just like in a petition for annulment). Anyway, please read more here:
    http://jlp-law.com/presumptive-death-of-a-spouse-for-subsequent-marriage/

    Scofield,

    As noted above, I’m prohibited from giving any legal advice in here. In any case, you will note that among the requirements, as discussed in the posts, is that the incapacity must be present at the time of the celebration of the marriage and must appear to be incurable. These are questions of facts that must be threshed out with your retained lawyer. Your lawyer could tell you if the facts would fall under what ground for annulment or declaration of nullity, and which ground is the best option to take. Good luck and God bless.

    kmnevalga,

    The more basic issue is this – is infidelity a ground for annulment? It’s NOT.

    Hero,

    As in the circumstances discussed by the other members of the Forum, I’m really sorry to hear about your marriage. I could tell you the legal options because, aside from ethical considerations, the best option depends on the purpose that you want to achieve. Do you want to simply get out of the marriage (provided, of course, there are grounds)? Do you want to insist on criminal liability? Maybe you have other purposes, something which you must tell your lawyer from the start so that he/she could tell you the best option to take. Good luck and God bless.

  151. hero October 5, 2007 |

    atty,
    gud afternoon sir,yes your right..i want to get out of that marriage.To leave normally!!I dont want to file any criminal liabilities..its just i’d like to know what are the easiest way to get out.Honestly,i have no budget to file annulment..how about the condonation,sir?..thats all for today sir,again thanks for giving me a leagal advice..god bless…

  152. hero October 7, 2007 |

    atty,
    gud afternoon sir,is it right for me to enter in a aggrement like condonation?is it benificial to both of us?
    how much does it cost,and how to file it?Thank you so much again sir..more power..god bless!

  153. bling October 9, 2007 |

    hi atty,

    I am just new here and let me just sayil that this site is so informative and well written that people like me who are not that familiar with the nitty gritty details of philippine law is enlightened. I have a different question, its about adultery. You see, I was married to my estranged husband in 1995. We separated 1999, i found out lately that he contracted a second marriage with his live-in partner in 2000. My husband and I have a 12 year old daughter whom he only gave financial support last year after a threat of child support case from me. I also have a relationship now with another man. My husband has known about my relationship in the beginning and we both acknowledged that we have separate lives, with separate partners. Things are turning a little sour now and I would like to know how I can defend myself and my partner now should things turn out for the worse. I read that in the new revised rules of criminal procedure,” The crime of adultery shall not be prosecuted except upon the complaint filed by the offended spouse. However, the offended party cannot institute criminal prosecution if the offended party has consented to the offense or pardoned the offenders.” Can you enlighten me on this?

    thanks and more power!

  154. Atty. Fred October 16, 2007 |

    Hero, first off, I must apologize if I can’t give you any legal advice, as this is not allowed. On the other hand, there’s no easy way to get out of a marriage. The facts of your case and the grounds that are applicable to such facts are best discussed with your retained lawyer. Good luck.

    Bling/Hero, perhaps we could have a post on that subject matter, as soon as our schedule permits. Do drop by from time to time.

  155. RC October 18, 2007 |

    Atty Fred,
    hi, im 32 years of age, a californian residents. im naturalized US citizen at Age of 17. I got married in Philippines back in 2003. after 4 years unfortunately im having a divorce. my question is Am i able to re-marry again in the philippines.

  156. babu October 19, 2007 |

    dear atty.,
    can you please help me to my problem?
    i am married in philippines to a filipina and i am from Nepal, were divorce already in Sharaa law in GCC and we got the divorce paper already, were already divorce for almost a year. Now, my problem is i want to be annuled my marriage in philippines. What is my first move to do?
    thank you for immediate response.

    babu

  157. josie October 23, 2007 |

    Hi Atty. Fred,

    I had my marriage annuled already with all the papers complete last May 2007. When can i get married again? I’ve read that for female widows they have to wait for one year before they remarry. How about for annuled female? By the way the declaration on my annulment was void ab initio.

  158. Atty. Fred October 23, 2007 |

    RC/Josie/Babu, I must apologize that I can’t give you any legal advice. It’s prohibited here. I hope you all understand.

  159. kenneth October 24, 2007 |

    atty..

    good day… i have a couple of questions and i know you cant give any legal advice here please just give me some idea on what are the possible things that i can do..im 27yrs old and my wife is 23yrs old working in china,i guess? well the last that ive heard abt her was that she was in china. last year i found out that she had a boyfriend and the year before that..she actually did that to me twice..the last time that she did that she ended our marriage but not legally now i want to clear my marriage and get an annulment but what grounds can i use about this situations..tnx for taking your time in reading this and more power..

  160. sheilaar October 24, 2007 |

    greetings sir,

    am considering separation/anullment from/ of my marriage. what information do i need with regards to carrying this out? (website/ legal advise or consult/ reading materials etc) although we’re both in manila, i have been physically away from my husband for 4 weeks now and have almost fully overcome the emotional effects of our latest fight and the last 8-12 years together. could you recommend a psychologist/ counsellor who could help me at this time, and could you guide me through the (initial) leagl process of my plan/ intention.

    thank you

  161. edward October 27, 2007 |

    Atty, my case story same like the above questions and answer.. My marriage is null and void because I was the second husband. What will I do to remove my marriage file in the NSO?

    thanks,
    edward

  162. Dan November 3, 2007 |

    Hi Atty,

    I am a foreign national who married a Filipino in Manila. I wish to get an annulment or foreign divorce. At the time of our marriage it transpired that the pastor who married us was not legally able to solemnize the marriage because his certificate had expired. The registration number was subsequently altered on the marriage certificate, but the fact still remains that he was not legally entitled to marry us at the time we took our marriage vows, so technically we should have enacted the vows again for them to be valid and solemnized, with his new registration.

    We have been separated now for 6 years due to my wife’s sudden decision to withdraw from the marriage. My wife is no longer a Filipino citizen. We have two now grown up children 19 and 17. I am about to move permanently to the Philippines and wish to marry again. Would it be best for me to apply for annulment in the PI and how long would that take? Or would it be better to obtain a divorce for example in Guam?

    Thanks for your help, Dan

  163. chetawan November 11, 2007 |

    I am a filipino working overseas.I wanted to get married with my girlfriend now but i still have some issues to take care of.Last 2003 me and my ex-gf went to file a marriage proposal in the municipal office.Afterwhich, after 120 days supposedly we are getting married formally.But there was no ceremony or whatsoever that happened next after that. We just left it like that. Is the marriage void or legal? Now, when my ex-gf went abroad, i heard from others that she was using my last name in her passport. Is that posssible? What are the possible cases wherein she can use my last name? I never askd her about that. Ater she went abroad, we broke up. ANd now i want to get maried with my present girlfriend.

    Thank you for your help.

  164. venice November 13, 2007 |

    Good Day Atty!

    I am a Filipina married in a Muslim Rite in the Phils. cause my husband is a muslim. Now we are planning be married in civil. My question is that can my husband still marry another woman in muslim rites inspite of being married in civil? Can we be married in Civil even if he hasn’t settle his divorce paper with his first wife yet? Even if he is no longer staying with his 1st wife.

    Thanks,
    Venice

  165. Atty. Fred November 15, 2007 |

    Guys/Ladies, I apologize if I can’t deal with your personal circumstances, as that would constitute a legal advice, which is not allowed. Anyway, a few searches may shed some light on your concerns. For instance, we have discussed that even if a marriage is null and void, judicial declaration is required for purposes of remarriage. There are at least 3 posts discussing foreigner’s divorce. Kindly perform a search. Thank you.

  166. josie November 16, 2007 |

    Hi! Can i ask if how soon an annuled woman can re marry according to the law?

  167. julia November 16, 2007 |

    atty,
    ask ko lang po kung posible bang ma-annul ang kasal namin ng asawa ko kung sya ay 5 years nang nasa mental hospital? kailangan ko pa po bang mag-file ng annulment o hindi na?

  168. Johanne Marie December 5, 2007 |

    My bf has been separated from his wife for three years, and is now planning to file an annulment so he can marry me. (we are both in Dubai) They have a seven year old daughter(will be turning eight on April 2008) ,who is in his parent’s custody now since he found out that his wife in the Philippines is pregnant from another man. Will this help his case? What is the best thing to do to speed up the trial? How long would it take to finalize the annulment? Can he maintain the custudy of the child? Please help… Thank you..

  169. rech December 9, 2007 |

    Hi Atty. Fred,

    I am a Filipina Citizen and got married to a foreigner here in Cebu. but we have separated and abandoned me for 8 years now. Been searching on the internet and found out that he filed a divorced in US and re-marry again. can i file an annulment. what should i do?
    thanks and please help me what to do.

  170. sophia December 29, 2007 |

    Hi Fred,

    Can an agreement letter between my wife and I that we are willing to end up our relationship in legal way can help fasten or let me say can be consider as a tool finalized and legalized our separation? My wife and I are willing to sign a letter indicating that we wanted to annul our marriage as soon as possible. Can this letter will help us lessen the cost fasten the process of annulment? We’ve been married for two years only.

    Thanks.

  171. pinoyako January 7, 2008 |

    Hi Atty Fred,
    My annulment case decision has been submitted to the SolGen, and just waiting for 15 days (that there is no motion for reconsideration = no appeal). I keep reading the copy of my case files and both me and the atty are hopeful the case will be over soon. My question really is about the specific dates: 1. Decision Date? 2. Decision becomes final upon expiration of 15 days? 3. Entry of judgement is entered where the marriage took place and the family court granting the petion? 4. Issuance of the Decree of Annulment after proof of registration of the entry of judgment in the Civil Registry where the marriage was recorded and in the Civil Registry where the Family Court granting the petition for declaration of absolute nullity or annulment of marriage is located?

    What date will be shown as the effective date of annulment for filing out future paperworks that asks when marriage was terminated.

    Thanks you for the time reading this.

  172. prismatic January 24, 2008 |

    Dear attorney,

    I have several questions.
    First, let me cite the facts.
    1. In 1989, My ‘wife-to-be’was married to a Japanese national in Manila City Hall. “Wife to be be” is a Filipino citizen by birth and continues to be.
    2. Both were of legal age and went back to Japan and lived as husband and wife. 3. In January 1997, Japanese husband and ‘wife-to be” filed for divorced and was recorded accordingly on husband’s Koseki tohon. But Divorce was reported to Phil Embassy in Tokyo,and the subsequent Report of Divorce was Certified and Authenticated by DFA only in 2002. Certificate of Divorce obtained from Japanese embassy and authenticated by DFA in 2008. To be attached to their NSO issued marriage certificate in Manila City Hall and will be subsequently re submitted to NSO Central for filing.
    4. “wife-to-be” came back to Philippines after divorce in 1997.
    5. We married in Quezon City October 1997.
    6. Our Married Certificate became registered at NSO.
    7. Solemnizing Pastor mistakenly wrote “single” as civil status for my wife on the marriage certificate.
    8. I was legally single before our marriage and a Filipino citizen from birth.
    9. We have 4 children, 1 born before the divorce, 1 born after the divorce but before our marriage, 2 born after our marriage.
    10. Child born before divorce and our marriage uses my family name on the strenght of RA 9255 (AUSF).
    11. Child born after divorce and before marriage was “Legitimized due to Subsequent Marriage.”
    Questions:
    1. Is our marriage valid (based on Article 26 of the Family Code)?
    2. If the Article is not applicable to her, how will our marriage become legal and valid?
    3. What happens now with the registration of the civil documents of our children (if our Marriage Certificate is invalid) since the Marriage Certifcate was used as supporting document?

    Please email me regarding your replies and comments. Or you may post it here. Please include the legal steps I have to do.

    Thank you very much.

  173. Pingback: Annulment in the Philippines: Questions and Answers (Part 3) at Philippine e-Legal Forum

  174. Atty. Fred January 30, 2008 |

    Everyone,

    Perhaps you could find your concerns in the newest installment of the Q&A on this topic:

    http://jlp-law.com/blog/annulment-in-the-philippines-questions-and-answers-qa-part-3/

    I have to do this to save space and for orderly presentation. For those questions that are not related to the updates, please be patient and wait for future updates. Thank you.

  175. malu February 2, 2008 |

    atty/ pde ba ako magpakasal sa canadian national sa hongkong na hindi Ako makakasuhan dito sa piipinas. i am married to a pilipino .but he is now in america for 5 years. we have been divorce in usa for 5 years.and he has been had lots of relationship there.gusto ng bf ko na canadian na magpakasal kmi sa hongkong para maisama n nya ako sa canada.kilalanin kya ng canadian embassy ang kasal namin sa hongkong since hindi naman kmi pde magpaksal dito dahil hindi pako annuled.

    maraming salamat po…pls reply

  176. malu February 2, 2008 |

    another thing. kung bibili ba kmi ng bf ko na canadian ng ari arian dito sa pilipinas magkkaron ba ng karaparatan ang asawa ko na maghabol sa property? since it would be named with me and my canadian bf?

    salamat po ulit

  177. malu February 2, 2008 |

    atty. marami po ako natutunan dito sa forums nyo/ god bless you and your family…and hope for your kind reply

  178. ynazd February 10, 2008 |

    Hello po, I was 19 yrs old when I was married last 2004 and my husband was 31 before. At first, we are doing fine but as time goes on we have lots of misunderstanding as we are not living together because of his job. From then, He’s asking a separation but I didn’t want until he came up asking for annulment. I went abroad 2005. I had 10 days vacation last january 2006 but nothing change on him. I went back abroad and just came back last dec. 2007 until now I’m still here in the philippines. at first we were fine again but there came a misunderstanding again because of a third party on his side. Now he keeps on telling me about the separation and his reason is “He doesn’t LOVE me”. What can u advise me po? What could be the best solution for this problem? If possible, I don’t want separation because we have our only son. Thank you po and I hope you could advise me to clear my mind.

  179. jonhbae February 17, 2008 |

    hi po…im jonh 3 years napo akong hiwalay sakin asawa she already have bf,gusto npo nmin mag anul but the problem is we far to each other wala po kami pareho sa pinas,ano po bng mgnda dun pede po bng pamilya ko sa pinas ang mag ayus tpos ppdala nalang sa knya ang dapat pirmahan? at normaly po magkno po ang nggstus sa annulment..

  180. crizelt April 1, 2008 |

    HI ATTY.,

    My partner had been separated (not legally yet) from his wife for 9 months now. were planning to get married abroad because he still hadnt filed annulment to nullify their marriage here, would that be possible?

  181. emelita navarro April 7, 2008 |

    hi atty fred,
    sana po matulongan nyo po ako sa problema ko.kinasal po ako sa atorney.year 1995.pero 15 years old lang ako noon.pero nong kinasal kami d po hinanap ang birtcertificate ko.pero ang nilagay na edad ko ay 25years old.pero ang husband ko noon ay 30years old sya.after 2years kami nagsama nag abroad ako.bihira ako umuwi.kasi napilitan lang ako nagpakasal sa kanya.ate ko dapat ang may asawa sa husband ko.pero nag run away ate ko.sinalo ko lang ang kahihiyan namin.dahil kina usap ako ng parents ko.hanagang ngayon nandito ako sa abroad.ang tanong ko puwede ba akong mag file na annulment.sana matulongan nyo po ako.pumunta po ako dito sa aboad single ginamit ko salamat po.antay ko po ang inyong reply.

  182. free2live_26 April 14, 2008 |

    hi..gud am, atty. fred. i just happen to see this site and so glad that there’s a place where we can get useful info regarding the law. i’m asking on behalf of my cousin who works abroad. here’s his dilemma, he was married 1999 at the age of 17 and the girl was also 17.after the church wedding, they split apart after several weeks of living together, thanks to the girl’s mom. they had a daughter together. to make a long story short..9 years passed and they have no communication eversince. now my cousin is abroad and has finally found the girl of his dreams and wants to marry her. they were asked to provide copies of singleness. how can my cousin get this? will he be able to get one? if not how can he get one or at least how can he fix everything the legal way. what is the exact process? we were told that there is a need to publish something in the newspapers but we opted to research and ask people who best know the law. hope you can enlighten us. and thanks in advance!

  183. myn_75 April 21, 2008 |

    my sister has been married to an older guy on March 18, 2000. Since then, since they were married, the husband continues to provide financial support not only to his mother but even to his nephews and nieces. Sa madaling salita, siya pa rin ang inaasahang breadwinner ng extended family niya.

    Lately, Dec 2007 they adopted a child (birth cert and baptismal cert. under the spouses name) no legal adoption happened but the papers as mentioned recognize them as parents.

    HIndi siya makahiwalay sa palda ng nanay niya. Hanggang sa mas pinili na niya yun, dun na siya umuuwi sa nanay niya at iniwan na ang asawa niya. Hindi na nagbibigay ng pera, dumarating lang siya mgadala ng pagkain, diaper, then he is asking for his wife na kumuha ng lawyer at maghiwalay na sila.

    High-school graduate lang ang sister ko, while he is an accountant (CPA) at BIR-quezon city. SInce nagasawa sila hindi niya pinagkatiwalaan sa pera ang asawa niya. binibigyan lang ng budget na 50 pesos pangmeryenda daily. at iyon ang isinisave ng babae para may pera siya.

    Ang mother ng lalaki ay sumusulsol ng ANNULMENT para siguro walang mapuntang properties sa babae (bahay at lupa) in case mamatay ang sakitin na lalaki.

    Sa part ng babae, ayaw niya na maghiwalay sila, pero ang sinasabi ng lalaki at ng partido niya ay masama ang ugali ng babae kaya dapat na sila maghiwalay. Hindi naman makapagstep ahead ang babae dahil 4 months pa lang ang baby, at pinaalis na ng biyenan niya ang katulong sa bahay. Wala ring malaking pera ang babae upang pang-gastos sa complaint of non-support sa asawa niya.

    Umamin ang lalaki na may babae daw siya.

    So anong magandang gawin? pwede ba magfile ng legal separation? pano masiguro na magbibigay ng sustento?

  184. robert_d75 May 7, 2008 |

    Hi Atty,

    Sir I am realy worried about my situation, I’ll shortly narrate the situation, I meet a filipino woman over the internet, two years back. She is a legally saparated woman and is a mother of 2 kids, she says that she doesnot have the marrige license as well, now if i come there in philippines and stay in a hotel with her for 10-15 days, will I be commiting any crime or will I be breaking any provision of any law? Or is it a case of Adultry? Or bigamy?
    And the reason why they got saparated is that her husband started living with another girl even when they were not saparated, plus he also used to physically hurt her.
    Reply to me ASAP
    Thanking you

  185. raiyan16 May 25, 2008 |

    hi atty!

    i have read the grounds for annulment, i have concerns, me and my wife of 6 years have a “dysfunctional” relationship… to make it short, i found out that she has another guy… through her emails and other internet accounts… i dont know if they make out, but have endearments and ” i love you’s and i miss you’s” scattered all over. since i have that knowledge, i never touched her again… i think its almost 2 years na rin… i confronted her, and yet she denies about it… i even found birth control pills on her bag, and as of now, she’s using it for 3 consecutive months, and my point is how come i didnt know about that she’s using those pills? and she said that she’s using it for skin treatment (pathetic excuse)
    i am not happy anymore with all these lies. is there any way that i can get out of this marriage? im only human, of course i found someone, last month ago… that’s the time i begin to do something just for myself… i hope you can give me the best thing to do… thank you so much! god bless!

  186. cj_577 May 29, 2008 |

    Dear Atty,
    I have a question and i think you can help me answer them. my partner is a U.S ctzen who’s been seprated for almst 4yrs now. he is currently residing in the US and his wife is hear in the philippines.he filed a divorce and been granted. my question is can he marry again here in church or a civil wedding in the Philippines because were planning to so he can file a petition for me and our son to go to the U.S.?if so, how can we get marry?Pls help me.Thank you.

  187. Pingback: » Divorce in the Philippines

  188. naomi June 17, 2008 |

    Hi, My husband and I had a problem in 2005, while I was pregnant w/ our 2nd child it was an email battle that leads to separation he said it was my fault. When I gave birth He came home just to pay the hospital bill that was SEpt 5, 2005. after a long time of begging him to come home and all he said he dont love me anymore and there was really no third party.

    I have file an RA 9262 in November 2008, for abandonment and child support, just right after my mother died, during the process of collecting all the evidences, I found out via CENOMAR that he married another woman in La trinidad Benguet, Sept 9, 2005. I filed a case for BIGAMY, He did not attend the preliminary hearing in both complaints I have filed against him, The bigamy case was dismissed due to lack of jurisdiction since I filed the same in Pasig, when the 2nd marriage happenned in La trinidad Benguet.

    I am raising my children alone, spending every night and day crying and worrying about their future and how will I be able to send them to school, Now I have developed a heart problem as well as financial problem that I really cannot afford to pursue the case. I really wanted him to suffer in jail because of what he’s done to us, what can I do?

    The RA 9262 case has been filed. I am now awaiting for the Order be signed for the warrant of arrest. We’re both working on the same building and I can see him and his new GF loitering around happy together while he’s not supporting his kids. Can you help me find a way to arrest him when I get to have the warrant

  189. sooo_blue_me July 18, 2008 |

    hi attorney.

    i was searching for websites that could help answer my questions regarding annulment issues and sad to say, i found nothing helpful. Until I came upon this one that caters to all my needs and inquiries. i am so thankful.

    Anyway, my concern is this. When I was 21, I got married to an older, filipino guy who is a permanent resident of the states. but that time, he was still a filipino citizen. he got married cz he wants to have kids, I got married for the sake of being able to reside in the states. and for financial reasons. but since last year,i decided i dont wanna stay in the marriage anymore.

    everytime he comes home to the philippines, we dont get along. we never spend time together, we dont talk, we treat each other coldly, we dont stay in the same room, and most especially we never slept together. recently, he never sends me money as he regularly did and he doesnt communicate.

    based on what’s going on between us, do i have enough grounds for annulment? please help.

    thanks!

    blue

  190. magg July 20, 2008 |

    hi attorney.. i would just like to ask how many percent is the probability of getting an annulment when a man married a woman (both of legal age) who is pregnant but he is not the father of the child? note: the man already knew that the woman is pregnant with somebody else’s child before months before they got married. and now the man realizes that he made a mistake and just got overwhelmed of the situation? he said he didn’t know what’s gotten into his head to decide to marry that girl..pls help. i think this man is psychologically incapacitated..

  191. bri July 22, 2008 |

    hi atty. im not a law student but iam very intrested in laws regarding marriages and property relations. i just have a few questions.
    1.when a court declares that a spuse is dead (presumptive) is the surviving spouse free to remarry? is the marriage dissolved or considered as no longer valid just like in the case where one of the spouses dies a natural death or is physically dead?

    2.When the surviving spouse remarries and acquires properties with the new spouse in the second marriage , do the kids from the previous marriage still have a share on these properties ? or are they already strangers with regards to the new properties?

  192. cytwarshock July 26, 2008 |

    i am married to a foreigner and now we don’t have communication already i heard that he is living with someone else right now i also heard that the girl is also a filipina.. is there a possibilities that they can get married outside the country because they are in japan right now even though me and my husband is still married here in the philippines? and is there something i can do how if they got married how can i have my rights and how can i file a case and what case do i have to file and where can i file it’s hard because they are outside the country.. most of all we have a son and now he is not doing his obligations even to his son he is not sending money or anything to support his child.. pls tell what is the best thing i can do? can i banned them so that my husband will not be able to come here in the Philippines?is that possible? i want to know all because i want to do something to for my me and my son he just abandoned us as easy as that please help me..

  193. arbee July 28, 2008 |

    Good day attorney,

    I would like to seek advice from you regarding the
    secret marriage (we just went there by ourselves with our birth certificates, without our parents’ knowing) I’ve been to when I was 20 yrs old.

    We didn’t live together, I never get pregnant and we parted ways after 3 years of being BF-GF (as people know). I’m turning 28 now and someone new wanted to marry me. My questions are:

    Is my past secret marriage considered valid or void

    Can I marry my finace now?

    I wanted to get a record at NSO to verify my past marriage but i can’t remember the exact date, and the municipality/location it was registered by the Judge in Manila City Hall.

    My deepest thank you for helping me!

  194. arbee July 28, 2008 |

    cont.:

    I would like to add that my ex-h is now a father of a 2 yr old child. Buti heard that they are still not married..

    In that case, can I marry my fiance now?

    If my “SM” (before )is valid, how can I make my marriage this time (to a right man) valid also?

    Thank you again…

  195. wp08 July 31, 2008 |

    Atty. Fred, i’m plannning to file an annulment case, and i’m still saving up for the expenses during the process. i’ve read somewhere in your blog about the atorney’s professional fee at around 50 thousand or more depending on the attorney. Will there be other expenses to follow once the decision is granted and assuming it was hopefully declared null and void?

  196. laila2007 August 8, 2008 |

    Atty Fred, i was christian before. I convert to be a muslimah(girl muslim) last year and our muslim leader said that im considered divorced to my christian husband because he dont want to be a muslim too. He dont want to embrace Islam until now and according to Islam, 3 months is enough to give him a chance. Is Shariah recognized by our Pahilippines LAws? Am i really divorced to my christian husband?

  197. diverman August 9, 2008 |

    dear sir/madam i arrived in the philippines on july 24th 2006 my filippina wife and i were married on july 27th 2006 but the authenticated document of our marriage is dated august 7th 2006.
    i understand that under philippine law the foreigner husband must be residing in phills for a period of 10 days before a marriage can take place.
    since we were married my wife has constantly taken large sums of money from me and now has moved away from her home and refuses to talk to me.
    because of the descrepancy in the marriage dates can you tell me if the marriage is legal or not and also what can i do to have the marriage declared null and void.
    I am from the U.K. and we were married in lapu lapu cebu city.

    please help me in this matter as it is causing me stress at the moment.

    martin g

  198. arkhaen August 19, 2008 |

    Hi…Atty..I do have a question… If in case that I (23 yrs old) have a boyfriend (35 yrs. old) who is married and his wife (34yrs. old) has another man (36, single) abroad before we had a relationship, and if in the case that he haven’t file any legal separation yet what will be the consequences if we just live together, have a child and we will not enter into any marriage..Will these have any disadvantage to us or to my future child, when we speak about legal matters?

    if in the case he files a legal separation, what will be the difference on the said example above, or is there no any difference at all?

    Hope to hear a feedback…thank you.

  199. gmluv August 28, 2008 |

    Atty,

    My husband and I are separated for 7 years now. He left for another woman and has started living a new life with her in UK.

    We have a 6 year old daughter under my care and he has never given support in any kind since we separated.

    1. Is this enough ground for annulment?
    2. I am planning to file the case, will the case pursue even if my ex-husband is outside the UK?

    Thanks.

  200. xugar August 29, 2008 |

    Atty. Fred,
    Me and my husband had been seperated for over a year now. both have have new partners. My husband is now living in the US. and recently he told me that he is filing a divorce there. My Partner is an Australian and we are planning about me moving in his country and get married there. My question is, would it be possible for me to re-marry in Oz once our divorce is filed or granted? Please help! thank you.

  201. brokenpiece September 5, 2008 |

    atty.,

    i have been separated from my ex – husband for 4 years now. we have 3 kids ages 15, 13 and 12 respectively, and since he has now a new family of his own, i would like to annul our marriage. can i give this as a ground for the annulment?. i would also like to have complete custody of our 3 children, and he does not give any child support of any kind, i dont know if he has a job or not since we do not talk to each other. i really would like to know what ground/s can i use to have my marriage annulled. thank you very much and please feel free to contact me anytime.

  202. dandycey September 14, 2008 |

    Hello Atty. Fred!

    My concerns involve my mother. She recently discovered a driver’s license of my father’s woman which indicated the use of his last name as if they were married.

    I know that if at any point in time they had gotten married it would be bigamy which is punishable by law.

    But what if the woman had just been practicing the use of my father’s name w/o any legal basis, e.g. she only obtained the consent from my father. What legal parameters are involved here? What actions should we take as the legal family?

    It is unnerving to think if she had been doing this in all of her legal documents.

    Thank you!

  203. einna September 14, 2008 |

    hi,

    I just got married last june 5,2008 with an american guy who is now working in iraq but i am still here in philippines. I wanted to get out of the marriage, what is best for him to get a divorce in usa? or for me to file an annulment here in philippnes? if he got the divorce decree, how it will be beneficial with me than if the marriage is null and void here in phil? thank you

  204. t100 September 14, 2008 |

    Are marriages done in manila city hall legal? You just pay 2000 php and in 15 minutes the “marriage is over”. And is having an NSO certification of marriage a proof of legality?
    Thanks….

  205. pamela September 20, 2008 |

    Hi Atty Fred,

    Gaano po katagal bago makuha yung annulment decree after ng final decision ng judge that the marriage is annuled? Thanks!

  206. filchi371 September 20, 2008 |

    Dear Atty. Fred,
    Lucky today to found this site. I got a question for you on what to do with my situation. I was married to a dutch guy in 2001, we moved to the NL last 2005 but our marriage was in trouble since then, he also physically hurt me that i reported him to the NL police and have medical certificate to proved he physically abuse me but i only reported it once. Last Dec.2007 we had a fight and he left the house, and he never support us financially anymore while there till i decided to go home in January 22,2008 here in Manila due that i was 3 months pregnant (by him of course) and got another 3 and 5 yrs old daughters from him. I was alone, no financialy support and pregnant.

    Since then he never send us support until last Sept 2 he send money for my daugter’s birthday,that is all. Now, the divorce is on going in the NL but he is trying to get the kids from me. He said he was been here in Manila but did not showed up. He reported me to the police in the NL for kidnapping by the way when he found out we left the house. I heard from my lawyer too fr there that since January he is already living with his ex-filipina wife.

    He is now claiming a visitation for the kids, and wants to take them with him for a holiday. The kids doesnt want him and doesnt want to go with him since they also witness the violence while in the Netherland. I still let him talk to the kids over the internet and he demanded it every 5pm manila time. Its not a convenient time actually since my daughter arrived fr school at 5pm…when i suggested it seems not a good time, he thretened me to tell the judge at the court that i limit his chat with the kids.

    I dont know what steps should i make now since i will never know when he is coming to file a case for him. What other legal things i should have to do with my case?

    Sincerely,
    Filchi371

  207. filchi371 September 20, 2008 |

    By the way, we got married in Hongkong and i heard fr him before it was registered at the Philippine consulate and in the NL.

    I am hoping to hear something from you actually on what action should i take.

    Thank you very much again.

    Filchi371

  208. donsie September 21, 2008 |

    Good Day Atty!

    My husband and I separated for almost two years now. Within the first year of our separation, I found out from his relatives that he brought home a girl who stayed overnight with him in the master’s bedroom of his family’s house. Just a month ago, he confessed that he really did such thing. And not just that, he doesn’t support his 4-year old daughter who is now studying. He doesn’t give even a single centavo nor call his daughter just to say ‘hi’. I tried talking to my father who is also a lawyer but he doesn’t give me any clear answer in any of these even though he knew so well of the who situation. I just would like to know if this is a leagal ground for annulment? I am so desperate now because I want to start a new fresh life without me still carrying the burden of still waiting for child support because I don’t want my daughter to expect something which is really not coming… I hope you could give me clear answere on these…. thank you.

  209. donsie September 21, 2008 |

    and in addition, I would also like o remarry again to someone far more deserving. The reason why we separated is because he never did his part in any of the responsibility in the family. He’d rather be with his friends and ‘girls’ drinking and partying late nights after work. Plus, from the start he didn’t give any support to his daughter in terms of being a parent. Whenever he’s at home, he’d rather watch television, sleep and eat than take care of his daughter… and with that he was dependent with a hired help. I hope you could me a clear answer as I am sooo desperate to step out of this incubus.

    Hoping to hear from you soon…

  210. Pingback: Can someone remarry even without going to court due to absence or separation? at Philippine e-Legal Forum

  211. lang September 24, 2008 |

    Dear Atty.,

    A couple were married without a license having claimed that they have been living-in together as husband and wife for five years (But actually, it was just 6 months that they really lived-in). However, they have not submitted an affidavit (which is a requirement) attesting to their living-in together. Will this be considered as grounds for declaration of nullity of marriage? Thank you.

  212. confusedsadie September 30, 2008 |

    Dear Atty,

    I don’t know how to start, I was so overwhelmed about the posts I read in this particular website. So, I decided to ask you about my current marriage status. To start off, Me and my wife got married when she was 20 yrs old. She was pregnant then and after a few months of living together, our child was lost. Setting aside the suspicions that she purposely let go of the child(due to early age, and my wife didn’t want the child, due to reasons I don’t understand) I continued to live with her but as time goes by,she went berserk and she showed signs of immaturity(having late night parties, irresponsibility in a sense that she doesn’t fulfill her duties as a wife but continues to live like she’s still single,later on running away with her ex) i decided to let her go. But a few months later, her family sued me for something that I didn’t do and later on, officials arrived at a decision that we need live separate ways.(‘coz both doesn’t want the marriage) It’s been five years since the separation and I now wanted to be cleared out of the responsibilities of being a married man. I went to check our marriage certificate from NSO and found nothing. I suspected that from the start, my wife’s family intervened because in the first place, they didn’t want the marriage to take place. Although I understand that the marriage is valid, We didn’t consummate the marriage because we’re already apart before she turned 21 and her family didn’t really approved of the marriage,(thus giving the grounds for no parental consent) I don’t want to be biased, but I think she doesn’t want the marriage either. she’s living with somebody else now. We don’t have a child. She dishonored me in every possible way. I don’t want to be a coward for saying this but there’s also a possibility that the said child was not mine given that she had previous issues of infidelity even before we got married. I wanna know if I have high chances of getting an annulment.

  213. eugenebern October 12, 2008 |

    atty. fred,

    hi there. atty, i’m currently working abroad and having an annulment case going on in the philippines. I just wanted to know if what’s the effect on not attending the hearing in an annulment case. can these shorten or lengthen the decision? also atty, i’m planning of going home to our native country but i’m worried if this case will hinder me in going back to my work abroad. thanks in advance for your wisdom on this matter.

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  215. eureka010177 October 14, 2008 |

    Good day Atty. My husband and i got separated about 3 years ago, and he got a woman pregnant without me knowing even before we got separated. the child is now 3 years old. but after a year of being separated we decided to fix the marriage again, but after 3 years, which is now. I found out that he has another woman not the mother of the child but another woman, would him having a child inside the marriage be a ground for annulment? or legal separation? what are the things i need to prepare for that, and approximately how much would it cost me to do that? thanks very much and hoping for your prompt reply.

  216. cha October 14, 2008 |

    atty,
    i have been married for 17 years. last 2004 ive been living sepately with my children, my husband does not give financial support. ive just discovered that he is cohabiting with another woman and they already have a baby boy. what evidence do i need if i want to file them adultery?

  217. melon261 October 15, 2008 |

    Question.

    I am a Filipino citizen, married to an Indian. We were married in India a few years back. Now, we have mutually filed for divorce and the divorce has been granted.

    Reading your previous posts, it seems that I have to file for declaratory relief in the Philippines in order to be able to remarry again. Is my understanding correct? How long does this process usually take?

  218. messiah79 October 19, 2008 |

    My story begins when I went to Saudi Arabia last 8 years ago. I got my girlfriend pregnant and marry her in Manila City hall civil office. We had a marriage contract which was registered in Malabon City Hall instead of Manila. After that to be a good provider, having a under-grad status I went to Saudi Arabia to have a better salary for my family. Mother bought a house for us and I let my wife and our newly born daughter live in it, alone. When my mother went for her vacation, my wife immediately packed her things and went to her parents house telling my mom that she needs to go to them ASAP for some reason. My mother even gave her money for her to have enough money to come back. After a while she didn’t came back on time and my mom found out from the neighbors that my wife was having an affair and letting the guy live in our house as well. Testimony from the neighbors came to my mom day by day. Debts, affair, lies and more. Soon after my mom when back to KSA, she was afraid that once she told it to me I’ll get mad. Then I tried to call my wife’s mobile but the only contact that she left me was unreachable. I did not went home for my vacation instead extended for another year. Then I came back to the house that my mom bought for us. I spent my Christmas and New year there. After 3 months I come to think of that all what I heard was all just from the mouth of several people, that made me decide to go to my wife’s parents house. We I went there my wife was not on that house instead her mother told me to come back the next day. Then I came back, and there i found my wife. I didn’t even bother to ask what had happened from the past instead I ask her if we can still start all over again. I slept with her that night but she confessed to me that she have someone else. I told her that I have to go but she stopped me. Maybe for our daughter’s sake, i didn’t even bother to ask again. I stayed there for several months, eating my pride to save my family relationship. Then a tragedy occur one day on the neighbors and her mother panic, she ask her daughter to tell me to have a church wedding urgently. At the same day we went to the church without any witness from my side of family. Only his brother attended and the people from the mass who witness the church wedding. I went back to Saudi Arabia and had a huge fight with my family, thinking that they don’t understand me. After a few months history repeated itself. I can not contact my wife whenever I wanted to. Most of the time her mobile was closed. She don’t come home for about 3 days and left our daughter in her parents. I am sending money regularly for their needs but I found out that she was telling her parents that I wasn’t sending anymore. She told me that she want to study culinary arts, so I sent her tuition fees. But I also found out that she never went to school instead to her friend’s houses only. Then she sent me an email when everything was out of hand stating that she wanted a legal separation and asking me money amounting 500K pesos. Because I already knew that she was having an affair again, I said okay I will set you free but I did not gave her any money anymore. I tried to hide sending money to her sister for my daughter but she found out and started a war against me. She told me not to send anymore money and never to see my daughter again (detailed story will just prolong this statement). So to short this up, I am now separated from her illegally and still here in Saudi Arabia. The reason I jot this down is to know your point of view as I will mention below:

    1. Can my wife charge me abandonment case or any related case to it because I don’t make any connection with them anymore especially to my daughter?

    2. I want to file annulment instead of legal separation will my statement above will be enough for the case?

    3. What can I do to make my petition hasten and with a good price? How much it may cost me for a fast processing?

    4. Does your law firm offer services on handling annulment cases such as mine?

    5. Does annulment case can proceed even the petitioner is out of the country?

  219. nomos November 11, 2008 |

    Greetings everyone, I can get legally divorced in a simple way within months.

    Issue: How can I obtain legal divorce, as a Filipino, here in the Philippines with its present laws?

    1. I can change my Christian religion to any religion at anytime because No less than Section 5 of the Bill of Rights of the 1987 Constitution declares, thus:

    “Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

    2. Since our marriage goes wrong, I can settle with my spouse on the prospect of divorce, its arrangements on our common properties together with custody our child or children.

    3. For purposes of divorce, We or I, will convert my religion to Islam so that I can avail divorce as provided under Presidential Decree 1083, which only applies to all Muslim-Filipinos.

    4. Under PD 1083, we have 7 grounds for divorce to choose from depending on the situation.

    5. After converting, We will Petition for Divorce in a Sharia’h Court pursuant to our settlement or arrangement on our children and properties.

    6. Then it is done, WE ARE DIVORCED and we will then convert again to Christian for the purpose of marrying again.

  220. guardians08 November 12, 2008 |

    Attorney, my brother’s wife has already lost her interest in being a mother in the house because she is always thinking about her parents and her brothers due to fact that her parents are sick and her wife’s brother brainwashed her that it is better to live with her parents than her husband and child. She sometimes leave her family and go to her parents in the province just to see them. If she in their house with her husband and son, she will not do anything and depend it all to her husband, and that cause quarrel and chaos inside their house. My brother is working and a small business in which his wife is the one who manage it but sometimes it will be closed because his wife has no interest already. Can my brother file an legal separation?

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  222. lance28ashley January 18, 2009 |

    atty,

    i was married july 28 2003,but we never lived together as husband and wife and the signature of my parents was also falsified in the contract,would that be grounds of making the marriage void or null?

  223. coke8988 January 28, 2009 |

    hi atty.

    tanong ko lang po,yung friend ko has 2 kids,pero yung isa we are not sure that it is my friends’ kid. I told my friend na magpa dna testing but we dont know where we could find them here,baka po may idea kayo na mura lang po. Also,if proven that the child is not his,can he file a case of annulment for this?or automatic po na void na ang marriage and di na po magpoprocess in court?Or kung may case po,what would be the grounds?Maraming salamat po. hope to hear your reply the soonest.

  224. ghumsr January 29, 2009 |

    hi sir i was what should i do,im married in philippines with a korean guy and now living in korea we havnt got married here in korea.is that means that we doont have records here?or if we have records here and we got divorce here is it valid in philippines pls anwer.thank you

  225. estong January 30, 2009 |

    hi im estong 26yo male living in the philippines i was married with my wife for 3years and were currently seperated for a month now were both unhappy ryte now we have a child a boy 3years old,,,were trying to be legaly seperated but i dont know the processing or the needed documents?could you please help me for some advice kindly txt me to my mobile 09238980810 if you dont mind i really appreciate it thank you and godbless.

  226. janice February 2, 2009 |

    Atty. Fred,
    Ng kinasal po ako walang ceremony na nangyari and wala din pong solemnizing officer, we just signed in a blank marriage contract infront of the Mayor’s secretary. As i’ve remembered that was dated Feb. 16, 1999 and yet when i got the copy of our marriage contract our marriage became March 23, 1999. Could it be a ground for nullity of marriage? We are now separated for more than 8 years and since then we don’t have any communication. We have daughter but he also didn’t communicate with her even in phone and he doesn’t give any support. I didn’t try to communicate with him because i am the one who wanted the separation. Please let me know what is the best thing to do, regarding this matter. Thank you very much!

  227. Mir February 5, 2009 |

    After the court accepted or granted Recognition of Divorced(US) what documents i will get from National Statistics Office?

    Is my final divorce decree and certificate of finality order of my recognition of divorce be accepted as evidence in US Embassy for fiancee visa Application interview?

  228. omar_14 February 6, 2009 |

    hi atty!

    pano ko kaya malalaman if may warrant of arrest kmi ng wife ko now? Actually, Im a muslim now and married to a muslim too and we have a son.. but before that po married ako sa catholic, kaso nagkaroon kmi ng problema at isa pa parang wla rin nmn akong asawa ko coz pabalik balik xa ng japan as a (gro)kahit anong pigil ko na wag xang umalis ayaw nyang makinig.. magkakaanak sana kmi kaso pinalaglag nya coz importante sa knya ang pagjajapan.. Now nandito n nmn xa sa pinas at cnasabing may warrant of arrest kmi di nya lang alam kung san kmi nakatira pero nlaman nya na bday ng anak ko sa feb. 28 pati lugar so dun daw nya kmi pupuntahan kasama ng mga pulis… Gusto ko man po ipaannul ang marriage namin kaso ho wala pa kming panggastos.. Ano po kaya ang dpat naming gawin? totoo po kaya na may warrant of arrest kmi? naaawa po kc ako sa anak ko first bday nya tpos if ever man na totoo yun bka magkagulo sa party… Marami po kcng pera na yung ex ko eh.. please atty. i need your reply soon.. tnx po!

  229. abeth0715 March 9, 2009 |

    Hello Atty,

    Me and my wife have been married for more than two years now and we have two kids. However, in more than two years of marriage, we’ve only had sex very frequently. I have my needs as a man and my wife is incapable of meeting my specific need in bed.

    I am thinking of filing a petition for annulment of our marriage. In line with this, I would like to ask how to prove in court a failure to consummate a marriage. Do we need a certificate from a doctor?

    Please advise.

    Thank you very much.

  230. friedrice March 15, 2009 |

    Hi Atty,

    I’ve been reading your blog for over a week now as I was searching for information regarding annulment in the Philippines. I should first congratulate you on your advocacy on sharing the information to the public on the said topic. It is really great that people in-the-know can share such vital information to those who are kept in the dark. Might I be allowed to inquire on a case of my friend and her problems with the US embassy. Since she’s a native of the Visayas Region. I’ve been tasked to represent her in her dealings with the Veterans Affairs Office and Social Security Admin. of the Embassy. She is filing for her claims as the legal widow of a US Navy Veteran (Fil-am) who passed away sometime in 2007. She has been repeatedly denied by the processing officers of the different departments or branches that apply to her case as the surviving spouse.

    ———————————————————————————————————————————-
    Here is an account of her life story in a nutshell;
    * Married with first husband in Guimaras on May 1991 at the age of 25. They begot 2 sons before this marriage
    * First husband leaves her in Oct 1991 (a few months after the marriage) to allegedy look for work. Husband never came back. Whereabouts unknown. Which prompts her to go back to her hometown Himamaylan with her boys.
    * Meets and falls in love with US Veteran who retired in the Philippines in 1998, thereby plans of marriage was arranged with some legal advice.
    .* Marries Veteran in 2005
    * She files summary proceedings for declaration of presumptive death in 2005
    * Social case study report shows that first husband is alive and well living with another woman and bearing 5 more children.
    * Withdraws petition of presumptive death in 2006 and moves to file a petition for annulment of marriage and /or absolute declaration of nullity of marriage.
    * US Veteran goes back to US for medical check up in 2006 (it was during the time of 2005 to 2006 when Veteran petition her as an immigrant but was denied)
    * US Veteran succumbs to death from health complications in 2007 (But kept waiting for her for a chance to be approved by the embassy for her immigrant petition)
    * Final Declaration of absolute nullity (void ab initio) came out in 2008
    * Began applying for her claims as surviving spouse in 2008 and was denied.
    * Moves for her right to appeal decision for a reconsideration in 2009.
    ———————————————————————————————————————————–
    Of course, there are presumably other indicidents not mentioned in this scenario since I am only basing it on the documents left to me and but the narrative accounts of my friend.

    My inquiry is on the reason by which the embassy based their decision of their denial. Which is in Art 40 it says…”that the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.”

    At first, I had thought to agree with their decision. But ater reading ang analyzing the situation, I had come to suppose that the Articles 41 and 42 of the Family code is more applicable to their case. Kindly correct my theories:
    ———————————————————————————————————————————–
    1. That article 40 states some kind of a regulation and not the explanation to my friends situation.(Just like saying…before you can build a house, you should complete a 4 year course in architecture. But what if I completed the course in three years since my school was tri-mestral?)

    2. That article 41 begins with…that a marriage contracted by any person during subsistence of a previous marriage shall be null and void, (is a paraphrase of Art 40 being it’s conclusion, thus Art 40 is summarized in article 41. But it goes on to say that…)unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

    For the purpose of contracting the subsequent marriage under Article 41, the spouse present should file a summary proceeding for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

    3. That her filing of the presumptive death (spec proc no 429) was satisfied in Art 41.

    4. That Art 42 continues to say that…The subsequent marriage shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.
    (The social welfare officer reported that first husband was alive and well with a new wife and 5 children. Thereby prompting her to withdraw her petition for presumptive death and move to file for annulment based on art. 36 (psychological incapacity and abandonment in art. 68. Thus final declaration of nullity – void ab initio was declared thereafter)

    A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.
    (That there was no move by the first husband to record an affidavit of reappearance at the local civil registry)

    5. That all the burden of proof required by Articles 41 and 42 were met and satisfied by the petitioner in the legal sense.

    6. That therefore, Article 40 is not applicable to her case and thus should not be the basis of their denial. If anything, Article 40 is already precluded in the openining statement of Article 41 as a paraphrased conclusion and meaning the same thing.
    ———————————————————————————————————————————–

    Of course again, I am only perceiving this through my logic but since I am not schooled with law, I would like to know of your legal opinions on this. This will help us decide whether to accept the embassy’s strong belief in their decision or to resiliently pursue this matter based on our simple yet logical understanding of the interpretation of the Family Code.

    I thank you in advance.

  231. gien March 15, 2009 |

    Good day atty,

    I am planning to file for an annulment next week. I got married for the wrong reasons and I was forced to marry my husband. We are not living together since we got married sept 2007. We never had sexual contact since the day we got married because I could not do it for I don’t love him and I am a bisexual. He agreed to file the annulment but I am thinking of a valid reason yet. I just don’t want to spend for nothing. I want to make sure because since I married him, I have lived a miserable life, I want to be happy again but that does not mean I have the intention to get married to another. I would really appreciate if you could reply. Thank you.

  232. 1stwife March 17, 2009 |

    hello atty,

    been married for 2 years na then my husband decided a maghiwalay na kami since wala na daw cyang love na nararamdaman sa akin ano po mga mga rights ko? then last year nalaman ko na nagpakasal cya sa huwes dun sa babaeng nabuntis nya…can i sue them? pero and2 po kami sa ibang bansa…we got married sa pinas sa huwes din so with the other girl…ano po ba ang pwede kong gawin?

    thanks & more power po…

  233. wynter March 19, 2009 |

    Hi Atty Fred, I would like to ask if a husband could file nullity of marriage if the wife had a baby with another man and she is outside Philippines. Thank you in advance for your reply.

  234. jhaycee March 20, 2009 |

    attorney ask ku lng kung void po b ang marriage kung considred itong rush marraige?? kc po wala pong posting s city hall un marriage namin..kung baga eh within 1 day lng po naprocess although may mga witnesses pong dumating and nakaregister n po s nso un marriage na naganap..tnx

  235. charina March 29, 2009 |

    dear atty. fred,

    i am charina married for 15 yrs, but not happily i’ve read your article and found out that my husband is having a psychological incapacity, i just want to make sure to strenghten my case incase i file it… its been a long time i’ve been suffering from emotional distress from him… and i think it’s been time to end things between us… where can i get a free legal advice for emotionally battered wife?
    thank you…

  236. xyz April 7, 2009 |

    Good afternoon … i’m marreid to american.. i’m not supported goood. if my husband is here in Philippines he didnt gave me money.. he just stay here Phils for two months only and go back to Phils.. while my husband in america i was tempted to a filipinoy guy and we have affair.. when my husband come he heard from our neighbor that i have other guy. i admit to him.. now my husband file a annulment without my consent…i just heard to my friend that he put in newspaper..
    my questions is can i have the right for our property .. eventhought i sign quitclaim in our property. coz i’m scared that he will put me in jail… it bordered so much….
    waiting your reply.. thank you…

  237. mrnreyes April 8, 2009 |

    Dear Atty. Fred,

    I would like to ask about my case. I married my husband last April 5, 1995, I was his second wife. That time I didn’t know about our laws because it so happened that he only got a divorce papers from his first marriage dated 1985 so I taught it was okay and good as legal. He married his first wife last June 20, 1983 and his wife went to America July 10, 1983 and became an American citizen.His wife send a divorce papers last 1985 of which my husband signed and his wife send the copy of dissolution of marriage from the court of law in the US. They don’t have a communication for 24 years and his wife already have a famiy in the US. I cannot process the papers of my children because our marriage is not registered in NSO, the one registered is his first marriage. Please help me what to do to cancel his first marriage and legalize ours. We got married by civil ceremony. His ex-wife is no longer live in Philippines. Please advise me what to do. Will I spend a lot of money for this? how much?

    Sincerely yours,

    Mary Rose Reyes

  238. xyz April 8, 2009 |

    good afternoon… when can i have my reply? in my inquieries? thank you so much…. God bless…..

  239. aytz April 9, 2009 |

    Hi i married to US citizen january 2007 here in phil. caloocan city but after a months of our wedding things are change and no cominacation until now..i want to move on and freedom so iwant to file annulment but unfortunately dnt know how and where to start..and how much the coz of anulment? hope u help me to recomend a lawyer

  240. honboc April 13, 2009 |

    i think i post my question in wrong page
    “hi atty…your site was really helpful..may gusto lang po akong itanong, my bf is married and he filed an annulment, but her wife doesn’t want to cooperate, what happen to the annulment, does the case will be dismissed?pls help..tnx”

  241. Tere Chiaoco April 18, 2009 |

    Hi Atty.

    I am 30 years old and I have a 12 year old son. My marriage with my ex husband was confusing for me. Our marriage was just a fix marriage, it was non appearance, because the date of the marriage was November 21, 1996. He was in Japan that time and I am here in the Philippines. His brother was working in City Hall that time so his brother has connections to settle the marriage. But we do filled up the form and have it signed. I sent him the papers and after he filled up and signed, he sent back to me the papers. I was also 17 that time and they changed my year of birth in the marriage contract. But after I gave birth, we never had communications and he never showed up until now. Is it consider not valid? Can I use my maiden name and declare my status as single? I made an affidavit stating what I have written to you.

    Thank you and hope I can get a reply from you..

  242. mitchamed May 2, 2009 |

    hi atty, gud day.

    ask ko lang po 11 years na akong hiwalay sa mister ko wen i was 18 years old nagpakasal kami but wen i was pregnant 3mos. umalis ako i mean humiwalay ako for some reason. meron pa po bang bisa ung kasal namin? since nung naghiwalay kami no communication even phisically contact. inabandoned nya po kami! pwd pa po ba me magpakasal ulit after 11 years ng hiwalay? thanks pleasing ur reply

  243. Adrian May 4, 2009 |

    when i was 17 years old i got my gf pregnant and they force me to marry her. They threaten my family that if i will not marry her they will make scandal. So we got married in a church with her mom as her witness and my classmate as my witness. then during my 18th birthday they registered our marriage in civil registry in our municipality. we never had a good relationship we always fight. until we decided to separate. for more than seven years now. now im planning to marry my girlfriend and i went to NSO to get a certificate of singleness but to my surprise i got a marriage contract. thats the only time that i learned that our marriage is registered and they put my 18th bday as the date of our marriage and all the witnesses that have signed on the contract are all her friends i never knew about it until that time in NSO. Is my marriage valid? is it automatically nulled since it fall on one of the grounds? or do i have to file a petition? if my marriage will be nulled? how about my childreN? do they still use my surname or they will use their mother’s name? thanks hope to hear from you soon. and more power

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  245. eve_dillon May 22, 2009 |

    i would like to ask if i can file a divorce at the USA as we know that theres no divorce in the phil.ive been separated with my husband coz im working here in hk and he doesnt want to leave our house.i dont want to see him anymore and i fall out of love long time ago already.hes jobless and just stays home with my children.its hard for me to be a single parent.I dont want to see him anymore when i get home so pls help me

  246. Dionette May 26, 2009 |

    Hi Atty,

    Hello and good day…..I got married with a British guy last 2000 in philippines and we got one son.we only been together for two years in dubai and then me and my son went back to the philippines and since then i havent heard anything from him,he dont even support our son.And now that i found somebody that i want to be with,Its been 7 years now that i lost contact with him and later my son receive a letter from his grandmother telling that hes father got a new family now.Is there any chance that i could remarry again? He didnt even apply for a divorce…what should i do? what are the things have to be done in order to be re-married…..

  247. gf090709 May 28, 2009 |

    Gud day Atty!

    I would like to ask for your advice regarding the issue of my current boyfriend. To start with, he is married with 4 kids to his wife 14 years now. He decided to file an annulment because he caught his wife that she has another man. But according to the lawyer that my boyfriend spoke to, the evidence he got will not be accepted in the court because it was only a text message from the other guy to his wife. We are both here abroad and I am supporting him in all he wants to do regarding the filed annulment. I just wanted to know if how long it will take to grant his annulment if the case is like his that he has 4 kids and they were okay before but all of a sudden he wanted an annulment.

  248. gf090709 May 28, 2009 |

    Gud day Atty!

    I would like to ask for your advice regarding the issue of my current boyfriend. To start with, he is married with 4 kids to his wife 14 years now. He decided to file an annulment because he caught his wife that she has another man. But according to the lawyer that my boyfriend spoke to, the evidence he got will not be accepted in the court because it was only a text message from the other guy to his wife. We are both here abroad and I am supporting him in all he wants to do regarding the filed annulment. I just wanted to know if how long it will take to grant his annulment if the case is like his that he has 4 kids and they were okay before but all of a sudden he wanted an annulment.

    Thanks in advance and looking forward to hear from you..

  249. Dvelasco May 28, 2009 |

    I am planning to file an annulment case against my wife who left me for under 5 years now and already living abroad. We have no communication so I don’t know if she is already a citizen in the country where she is now. In what grounds this might be and how long will it takes for the proccedings of this case. We don’t have a child and I am not interested about the conjugal properties and I know she also thinks the same because she is more wealtier than me.

  250. charlesh May 30, 2009 |

    My previous wife was married to a german citizen in the Philippines and in Germany as well. When getting married with me “a foreigner” in the Philippines, she did not have the legal capacity documents required but after using some of her friends in a city hall, she was re-married to me in the Philippines where she indicated her nationality as filipina and her status as being single. Now she claims having German divorce papers from her previous husband, was she authorized to get re-maried to me or not ? I do believe she took the German nationality, Thanks for your help.

  251. veezzee2000 June 1, 2009 |

    Good day to you sir.My concern is regarding my friend’s situation.He got separated from his wife almost 11 years ago and filed for an annullment before as advised for grounds of adultery that his wife got pregnant from another man,during the time that he was working as a stay-in private health carer and had to go home only during his days off and that is twice in a week.But as a good Christian, my friend withdrawn his filing of the case for concerns about his son’s sake to put his ex-wife in a compromised situation (as she was already pregnant during his filing of the case by another man) and the request of the wife’s family for a negative reputation on their side for political reason.Many years passed and my friend never communicated with the wife and the next thing he knew is having kids from different men.Now that my friend has found somebody he wants to marry and spend the rest of his life as he consulted me about it.But I am not in the position to advised anything but all I can say is to pursue his filing of the case against the wife he didnt even see for almost 11 years now.My question sir are:CAN MY FRIEND FILE FOR AN ANNULLMENT ON THIS MATTER?(before he got married to this wife,she was into vices of alcoholism and drug addiction but still pursued to marry her of considering she might change);she committed adultery during the time they were together;haven’t seen or communicated personally for almost 11 years now.WOULD IT BE A CONVENIENT TIME FOR MY FRIEND TO FILE AND THEN MARRY THIS GIRLFRIEND THE SOONIEST THE BETTER AS THEY CAN?HOPE TO GET YOUR REPLY ONTO THIS ADDRESS veezzee2000@yahoo.com.THANK YOU VERY MUCH SIR

  252. daltejos June 4, 2009 |

    Good day sir,

    as being mentioned on your grounds for annulment….
    (Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so).

    this is the case sir…ung bf ko po ngayon ay ikinasal sa ibang babae 6 years ago. Sabi po nya sakin pinapirma lang daw po sila ng mother nung girl sa mariage contract sa isang bahay na inuupahan nila. wala pong solemnizing offcer, mga witness at wala ding ceremony na naganap. ang sabi lang daw nung nanay nung girl eh mag sign na lang sila at sya na ang bahala mag ayos sa municipyo sa min. accidentaly un pong mother nung girl ay nag wowork sa city hall sa lugar namin under mayors office po. SAbi dinpo ng bf ko nagpagawa naman daw sila ng marriage licence un nga lang wala daw talaga ceremony na naganap at wala din talagang solemnizing officer na nagkasal sa kanila. nag check po kami sa NSO nakarecord na po doon ung kasal nila. Gusto po namin malaman kung, ung kasal po ba na iyon ay legal…kasama po ba ito sa mga cases ng walang solemnizing officer.if null and void po ito need pa ba nya mag file sa court?actually po kami po talaga ang unang nagsama may anak na po kami nung dumating ung girl..parang lumalabas po na napikot po sya. please help me po..

    here’s my e-mail address lanceivan2000@yahoo.com

    sana po matulungan nyo po ako.

    GOD bless and more power.

  253. Pingback: Judicial Recognition of a Foreign Divorce Decree at Philippine e-Legal Forum

  254. Alezzander June 5, 2009 |

    Dear Atty Fred,
    I would like to seek your assistance if i can file a petition to nullify my marriage.

    In 2002 my wife and I started to live as husband and wife afetr 3 years 2005 my wife got pregnant so we decided to got married a week before she deliver our baby without the parental consents of our families, i was then 25 and she was 23 though we have witnesses during the course of our civil marriage, from there she still use her maiden name because our marriage is secret from both parties though she was declared as my wife in my legal documents and company records, but me was not. later 2007 I feel that my wife become unfaithful. in 2008 someone text me that my wife was having an affair. i compront her about that issue
    and she said that was her close friend in May 19,2009 someone texted me again by anonymous number that my wife is having another affair. so again i compronted her and she still deny it. During our conversation I ask the first issue and she admitted that they become close but the other one denies it.

    During the start of the year she never care for me and to my son most of the months my wife abondoned us meaning most of the days she’s not staying with our side and she always lie to me and i only found out when i ask her collegues. with this issue i compronted here again together with our friends from there she told me that she never loved me she’s stay because of my son.

    Can i file a petion with my grounds below.

    1. Sexual infidelity – with witness
    2. abondonement
    3. habitual lying
    4. never using my surname -

  255. nurabby June 6, 2009 |

    honestly need a reply,

    i want to get away with the hassle of annulment. would converting to Islam directly divorce me from my christian ex-husband?(separated for 5 years) Considering the fact that i would actully convert to Islam to marry my muslim boyfriend.

  256. simpleguts2001 June 8, 2009 |

    Hello,
    I want to know if i can file an annulment coz we dont have peace anymore in our family.

  257. kroephek June 8, 2009 |

    Goodday Atty,

    Need help on my situation, I was merried last january 2004, im a holland citizen and my husband got philippine nationality, but it didnt work well..last i saw him was january 2004 too..when i came back to holland i registered my marriage with him here in holland..but time pass it really didnt work..so i filed for a divorce here in holland and its granted..we now are divorce here in holland but my question is, is our divorce here in holland also applies in philippines? we didnt see 5 years now since we get married. as i read the family code #26..does it apply to my situation? pls contact me..i really need some help…thank you

    heres my email.. sarap_buhay_girl@yahoo.com

  258. veezzee2000 June 9, 2009 |

    good day to all,it would be helpful if anyone in legal position gives us some answers to our concerns,thank you very much

  259. veezzee2000 June 10, 2009 |

    veezzee2000 Jun 1st, 2009 at 9:04 pm

    Good day to you sir.My concern is regarding my friend’s situation.He got separated from his wife almost 11 years ago and filed for an annullment before as advised for grounds of adultery that his wife got pregnant from another man,during the time that he was working as a stay-in private health carer and had to go home only during his days off and that is twice in a week.But as a good Christian, my friend withdrawn his filing of the case for concerns about his son’s sake to put his ex-wife in a compromised situation (as she was already pregnant during his filing of the case by another man) and the request of the wife’s family for a negative reputation on their side for political reason.Many years passed and my friend never communicated with the wife and the next thing he knew is having kids from different men.Now that my friend has found somebody he wants to marry and spend the rest of his life as he consulted me about it.But I am not in the position to advised anything but all I can say is to pursue his filing of the case against the wife he didnt even see for almost 11 years now.My question sir are:CAN MY FRIEND FILE FOR AN ANNULLMENT ON THIS MATTER?(before he got married to this wife,she was into vices of alcoholism and drug addiction but still pursued to marry her of considering she might change);she committed adultery during the time they were together;haven’t seen or communicated personally for almost 11 years now.WOULD IT BE A CONVENIENT TIME FOR MY FRIEND TO FILE AND THEN MARRY THIS GIRLFRIEND THE SOONIEST THE BETTER AS THEY CAN?HOPE TO GET YOUR REPLY ONTO THIS ADDRESS veezzee2000@yahoo.com.THANK YOU VERY MUCH SIR

  260. laica0217 June 16, 2009 |

    hello po..magtatanong po sana ko about my situation..
    i am 19 of age po ng ikasal sko sa isang american citizen,and isa po akong filipina.dito po kami kinasal sa pinas..and meron po siyang unang asawa na pinay din po at dito din sila kinasal sa pinas,pero galing po sa US ung divorce nila and inallow naman ng US embassy yon at binigyan sya ng capacity to get married at tinagap din sa quezon city hall na pinagkasalan namen at may cert.of married na po kami sa NSO.pero nung mabasa ko yung mga nandito sa website nato nabothered po ako kasi base po sa mga nababasa dito,parang lumalabas po na void po ang marriage namen dahil iba po ang law dito at katulad ng nabasa ko,hindi po kinikilala ang divorce ng US,kundi yung annulment lang po
    e di naman po sya annul dito sa pinas sa dati nyang asawa,sa states nya lang po kinuha divorce nila…ano po,void po ba yung marriage namen pagganon??,and kung sakaling void nga po,,gano naman po katagal ang process non kapag ipinile ko yung void na yon??,,pls pakitulungan naman po ako wala kasi kong alam sa mga batas dito sa aten and im only 20 pa lang po,1year married pa lang po ako..

  261. jersey June 23, 2009 |

    Just want to know if my our marriage is valid. We got married in 2000 at Manila City Hall by a Bishop without a Marriage License. After 3 months when we tried to secure a copy of our MC from NSO we found out that there was none so we contacted the person who introduced us to the Bishop. We had to go to the province where they registered our wedding and was told the Bishop nor the Church were non-existent so we reported to NSO. We found out said Bishop was not authorized to solemnize weddings and that the details on our Marriage Contract were not accurate/non-existent (e.g. different place of marriage, different addresses and a lot of other discrepancies) and has too many discrepancies.

    Do we need to file for Declaration of Nullity or is it still valid given the fact that 1. Bishop wasn’t an authorized solemnizing officer and 2. No Marriage License or do we just let it be?

  262. rtugado June 26, 2009 |

    Hi Atty,

    My wife and i (or for most part probably just me) has been struggling to save this marriage, for about 2mos now. We’ve been married for 14yrs and have 3 lovely kids. It all started when i found out she’s having an affair with an ex from college. At first she refused to admit that there’s something going on. But eventually, due to my persistence in gathering evidence (no matter how painful it was) i was able to put her on a spot wherein she cant deny it anymore. We made peace, or so i believe, but just recently i found something again which makes me believe she’s doing it again with that man (physical evidence from her clothes)

    I’ve suffered so much already and I want out of this marriage , to save little dignity i have left. Honestly i want to teach them both a lesson. I understand that adultery carries a max of 6yrs imprisonment. Apart from physical evidences gathered, i’ve also documented the events in chronological order she also admitted to having sex with the man a couple of times already since this happened.

    Like most of the forumers here i want to have custody of my kids…She’s always been an absentee mom and she’s admitted to that countless times already. People close to me and her could attest to that.

    1. Is adultery considered a criminal or civil case?
    2. Shall i file for an adultery case as basis for legal separation first or annulment???
    3. Is there any chance their sentence would be commuted since this is their first criminal offense if found guilty?
    4. If they go prison even for say just 1yr would the court grant me permanent custody of our kids?

    Sorry if i have so many questions. I just want to make sure i everthing is clear to me before i do this, i’m not a wealthy man, just an average joe working regular hours looking for justice.

    Thanks and Godbless you,

    Robert
    rtugado@yahoo.com

  263. jammy June 30, 2009 |

    Hi atty,

    I was 18 yrs old then when i met my partner, it was in the year 2001, he told me he had a previous marriage but not yet filed for annulment, so we were staying together even though his still not annulled. what happen here is that i got pregnant with him last 2006 and then on the year 2007 i decided to go here in Singapore to work. luckily on the year 2008 I ask them to come here with me in Singapore and stay here for good. What i did is we file marriage here in Singapore even though his marriage in the Philippines not yet legally annulled.

    My Question is if we change our nationality to Singaporean Citizen, thus his previous wife can still file for criminal case against him?

  264. cybertooth1963 July 1, 2009 |

    hi gud aftern…. im new here in you site… just want to ask some question…. im married at the age of 20 and my wife is 21 at that time. we decided to marry in just 1 week after our parents knew that she pregnant. due to lack of preparation and some incompatibility we always having problem resultinf to a fight. but we never get physical. now we are separated for almost a year and she has our daughter whos right now is 3 1/2 years of age. since we separated i gave her 30% of my salary plus some of grocery and now im the one spending including my daughter school tuition and expenses… we both involve in third party.. and my problem right now is she wont allows me and my daughter to see each other and she dont want me to go to her house to see daughter… as a result i dont gave her money for expenses also…. could you plz advice me what should i do…. im considering already to go to legal to put in papers… thanks

  265. markgerald70 July 12, 2009 |

    Hi Attorney,

    I’ve been married for almost 21 years now and my problem started 11 years ago when my wife have an affair with another man and the worst thing they had a child which is in my custody up to now. I’ve only learned her infidelity when the child was born, I still tried to make our marriage work for the sake of our young children then, but it seems the more I tried the more I couldn’t bear the situation. Will it still be a ground for an annulment even though it took me 11 years before I decided to apply for it? For now I am out of the country and I am looking for legal advice if my grounds is reasonable and what will be my next move. I need someone who can I seek professional advice for the procedure on how to apply for annulment and the total cost I will incur during the process and for how long will it take for the annulment.

    Thank you very much and I will await for your reply.

  266. sarahjanemarquez July 15, 2009 |

    atty,

    nadiscover ko na may second marriage ang asawa ko, tapos pinaannul nila ito pra di ko sila kasuhan, pumayag ako na di na magsampa ng kaso dahil ipapaannull daw nila ito, nagkaron ng court decision na null and void na yung marriage nilang dalawa. nagkahiwalay sila, tapos binalikan ulit ng asawa ko yung babae at nagsama ulit sila. yung babae kahit nagkaron ng court decision ay di parin nagpalit ng pangalan nya at patuloy nya pa din ginamit ang pangalan ng asawa ko hanggan sa nadiscover ko ito, na binalewala nya yun court decision. di rin pla sila nagfile ng certifiacte of finality after nagkaron ng court decision on their annulment. pwede ko pa bang kasuhan sila dahil niloko nila ako na ipapaannul nila pra di sila makulong pro sila pa din ang magkasama ngayon at nagtatago na sa akin.

  267. louisiana_latorre July 15, 2009 |

    hi atty fred,

    Good day! I need an advice regarding on my problem. I was married March 15, 2007, 2years ago to my husband.And on April 6, 2009 he left me and didn’t come home, so i decided to find him in his work yet they tell me they don’t see my husband often in his duty.So i decided to get some information on where I can find him. They give me the address on another house and from there, I found his daughter who was 18yrs old and his first wife. I found out he is married with his first wife.And I never thought I was the second. I’ve been into fraud because I really don’t know that he had a family before our marriage. He hides it. It hurts me but have to pretend I’m fine. It’s almost 4months that I don’t see him till I discover his secrets. We have no communications at all. He forgot to support our 2yrold son financially for his needs. I want to file for annulment coz I don’t want to be the second wife or else her wife file me a case of adultery. I don’t want it to happen because I’m innocent of my husband’s foolishness.Now how can I bring back my status because my husband presence is absent. In this situation, What will I do to make my marriage totally void? And I can start a new life ahead?

  268. kathleen August 1, 2009 |

    hi good day sir,
    i just want to ask few questions for annulment, i got pregnant when i was 19 and just because of fear na hindi ko kayanin maitaguyod ang pag papalaki sa anak ko mag isa i was convince na pakasalan yung guy kahit na sa kalooban ko ay hindi ko talaga gusto.so after i gave birth dated april 7 1996 nagpatawag ng pastor para ipakasal kami sa mismong hospital dated april 10 1996 and the point na i just gave birth and naka 2 dose ako ng anesthesia kasi CS yung naging panganganak ko and medyo emotional ako dahil yta sa post natal depression ko kaya naconvince din nila me kagad magpakasal.but after 1 yr that ive tried to accept the marriage hindi ko talaga nararamdaman na kaya ko i spent life ko with him.so after 1yr or 2 i decided na makipag hiwalay na my child is now 10 yrs old and im 29.magiging madali lang po ba ang process ng annulment ko if mag file ako next yr kasi pinag iipunan ko pa po mga posible na gastusin,and ganu po katagal kadalasan bago maibaba yung annulment and if pwede pa po ba ako makapag pakasal? thank you so much po

    maraming salamat po

  269. whitejaguar August 5, 2009 |

    dear atty,

    my girlfriend was married in the Philippines with a Japanese guy. They secure a divorce in Japan. Is it valid in the Philippines? Do my girlfriend have the capacity to remarry?

    This will really help for the two of us and also for the others as well. Hope to hear from you soon.

    More power to all of you! GOD bless us! GOD bless Philippines!

  270. jhakie_24 August 7, 2009 |

    hi Atty Fred,
    just want to open my problem with you for some advice.
    im having my second baby with my guy in nine months time, we both know that he’s married, they just separated few months ago, probably last february 2009, with this, the guy and i decided to live together, but how? they do not have a biological child instead they adopt one, three years ago. hope you can give me some advice regarding this problem of mine.. what would be the possible case if his wife want to file in court. what if i found out also if their adoption underwent without legal permits of the court?

    thanks & more power!

  271. loretta August 8, 2009 |

    Hi,

    I met my husband here in the U.S. However, he was married first in the Philippines, he had a civil wedding in 1998 and a catholic church wedding in 2003. He filed an annulment to his ex-wife in 2005. With this, is it still possible for us to get married in the Philippines- catholic church wedding too?

    Jenny

  272. Pingback: Annulment in the Philippines: Questions and Answers (Part 4) at Philippine e-Legal Forum

  273. loren00 October 31, 2009 |

    Hi,

    I just want to know how many years should it take before someone get married again after the annulment.

  274. wally garcia November 19, 2009 |

    hi,can u help me if what i need to do cause i want to file a annulment.Im coming 6yrs separated in my wife because while we live together before i didn’t know that she start dating in other guy and she had 2 kids in that man now.could u help me please we have 2 kids also i still support them.please reply me thank you so much

  275. purpleheiss November 24, 2009 |

    i know this is something confusing for everybody who will be reading this so i’ll put it this way.

    A – husband
    C – wife; an ex-girlfriend for 7years
    E – husband has a child with this woman; workmate and unofficial girlfriend for few months, say 6months
    M – boyfriend of E

    here we go.

    Dec 2008 – E and A were living on a same apartment and now E was pregnant to A. At first, E wasnt so grateful to have a child to this man bec she’s still engaged with her boyfriend for 5years. So E had to break up with M on March 2009. Prior to this, A was so intimated with the fact that E still loves M and was thinking that E is just making him believe that she wants him. A was thinking that E is just living with him becauseof the child. On May 2009, A left the apartment and didnt show up for a week. E had been constantly making a neffort to talk to a via calls, sms and emails. A promsied that he’d comback but this show up only after 3months, August 2009. While A is away, C had befriended E so as to get information about her relationship with A. In deep pain, E was saying (thru sms) to C that she doesnt want A and E regrets to have A in her life. Now, C was showing those messages to A making A angry to E but still not talking to E. Still in May, A texted E that he was to marry another woman who was pregnant to him as well prior to E’s pregnancy and that same day A had to attend their marriage. E wasnt aware that this one is just a bluff but for her A wouldnt really do that to her. To sum it up, C triggered the anger of A to E though A loves E so much. It is C who planned for the ghost marriage (didnt really happened) so that E would no longer be persisten tabout A. A and E didnt talk from then on. After sometime in July 2009, C asked A to marry her so that E wouldnt get anything from A just in case the baby will be born. C was so bitter because A dropped her before and she couldnt win him back. A, who was so upset with E, accepted the idea of marrying C since C was so persistent to have A. The marriage was just an arranged marriage in the Manila City Hall. When they arrived there, They just signed for something and then paid someone whom we can call a fixer. Now in August 2009, A and E met again and they reconciled. E didnt know anything only after a week when C, who is in a foreign country now, told E that she’s married to A. A told E that he didnt want the marriage. It’s just that he lost hope that E will comeback to her. Can A file for fraud and have this nullified? Or is it voidable? Cause A wanted to marry E.

    Hope this one will be given an attention. It will be much appreciated. Thank you.

  276. allank November 26, 2009 |

    Attorney,

    Can a marriage be annulled on the grounds that a witness signed the marriage document at the age of 17 and the other at the age of 19? Though it was 10 years ago. Is there also a prescription period where in I can still file for annulment based on the facts above? By the way I was 24 and wife is 22 at that time. I think one more ground is that I was talked-into by my father-in-law to get schedule a marriage, but in the spurt of the moment we had our marriage the following without thinking through enough. Would that constitute a mental incapability at that time?

    Greatly appreciate for your time in answering my questions.

  277. IvanLendl December 2, 2009 |

    Dear Atty.,

    I would like to ask about my situation.. is it possible for my wife to file an annulment and get it fulfilled int the court even if i am against it or I am not signing any papers for the matter? her parents are against our me, and are doing everything to tear us apart. she was 18 when we got married but we both had our parent consent and both were present during the marriage. my wife just told me that her parents will start filing the annulment case soon. i don’t want to lose this marriage, both of us don’t want to, its just that her parents are controlling her life. we have been only separated for 5 months now, thanks to her parents. what can i do to stop or prolong the period of the annulment case? could they do things under the table by influencing the outcome with money? could it be done even with out summoning me to the court?

    thanks

  278. Scorpio45 December 10, 2009 |

    Dear Atty,

    I am a Dutch man who married in the Philippines with a Filipina on March 18, 2008. It is a legal marriage and it is also listed in my own Country, The Netherlands, Europe. In September 2009 i found out that my wife commited adultery and that she is working as a bar girl. The relationship she had is over, the man called me after he found out of the status of my wife, he told me he ended this relationship. I have e-mail proof between my wife and this man. I thought first to file a case against her for her adultery, but i forgive her. I send every month money to support her, but after i found out of her secrest life i stop sending her money.

    I have no plans to get a divorce or annulment, cuz i will not agree for signing the papers, cuz to parties must sign for a agrement.

    In case of annulment, if she want to file a annulment on the basis of abandonment, cuz i don’t support her with money also her unwillingness to join me in my country, so we live seperate.

    I know the the rules about the annulment, but how about in the case of abondoment of financial supporting. In my case my wife commited adultery and she is to blame to put our marriage in danger, also she break her promisses before God, so what is your advice to me.

  279. bamboo7 December 15, 2009 |

    Dear Atty,

    I just want to ask which is the best thing for me to do. i got married last feb 2004. on aug 2005 i went overseas for 2 yrs. only to find out that my wife had an affair with another man not a yr after i left. i have no photos nor recordings to prove that their affair was true. The only proof i have is the statements not only from my family but from all of our neighbors who witnessed about their relationship. They told me when i went back to Manila that there was something going on between the two of them. My question is: are those statements enough for me to be able to file legal separation or annulment?
    I hope you can reply to this matter…thank you so much and more power

  280. bamboo7 December 15, 2009 |

    i’ve read the post by “t100″, sa Manila City hall din kami ng wife ko kinasal. and it cost me less than 2000 pesos. kumuha ako ng copy sa nso ng certificate of marriage namin. and may copy naman cla dun with registry number. my question is, how will i know na legal talaga ung kasal ko? i posted earlier my first question regarding my situation.
    i’ll be hoping for a response from you sir.thank you so much

  281. Israel December 27, 2009 |

    Dear atty,

    I have been separated from my wife for 10 years already. She is in the US and is willing to to sign the paper. Will that speed up the process? Is being separated for 10 years enough grounds annulment? Is it possible to legally separate even if she is in the States? At present, she cannot go home as she is waiting for her citizenship approval.

    Thank you so much,

    Israel

  282. MAJD January 8, 2010 |

    Attorney,
    I am an American citizen and got married in the Philippines in March of 2004. My wife already had a 5 yr old child then and she was pregnant for 7 months on her second child that I get to know when I came to marry her. I stayed for a month in the Philippines and when I came back to US I immediately filed for her petition likewise for the children. She was able to have her interview at the US Embassy Manila but then the result was not favorable and was referred to Fraud Prevention Unit for further review. Another interview was set but she did not submit herself for the interview and so the processing has never proceeded. There was an On and Off communication after a year and until it was fully stopped. One time I received a txt message from her but when I tried calling the number it is unreachable.
    It’s almost 6 years now and I think a plan for divorce will be accepted capacitating both parties to remarry.

    MAJD

  283. MAJD January 9, 2010 |

    Attorney,

    This is in connection to the concern previously submitted. With this, I would like to know if our marriage is already considered null and void. If I will file a divorce, what will then be the step to proceed in the Philippines? Will it be a lawyer (US) and lawyer (Phils) channeling of communication? I’ve been trying to call her but the number that I know is no longer active. I am really seeking some advice for I would like to remarry here. How will I be able to proceed if I don’t know where she is located.

    I hope that this will be resolved the soonest possible time and looking forward for your immediate response. Your assistance on this matter is highly appreciated.

    MAJD

  284. prettygirl27 January 20, 2010 |

    Dear Atty.,

    I and my ex-boyfriend got a son but we didn’t yet married because I’m under age so both parties and other officials agreed that if i finished my studies then we can get married so they made a black and white papers for us and we live in for 9 years.Is this black and white papers is valid? Are we considered a husband and wife for the expand of that years we’re been partners? Now I finished my studies unfortunately he married to another woman without knowing me. Can i used that black and white documents as evidence that i will claim any support to my child to his father?

  285. mayziz February 21, 2010 |

    dear Sir;I`m seeking advice from your good office regarding with my marital problem.this is my case,year 1996 I married an arab nationality in the Philippines and we have a child,when my brother-in-law visited he told me that that my husband just had a new born child just 3mos after I gave birth.I confirmed about that but because I was young and coward and afraid to lose him so I remain silent and didn`t confront him.year 1998 he lose his student visa so he needed to go back in his country.since then our communication were lost.I tried to contact him thru phone and letters but to no reply,until their tel# went cut.I also tried asking his brother for help,especially with financial problem,but he refused and didn`t entertain my calls anymore.I once visited the OMA office and asked the same person who conducted our marriage for help,but he only told me that our marriage will be automatically dissolved under muslim law.I didn`t apply for divorce or whatsoever during that time,believing that my husband will oneday contact us or come back in the philippines for us,but it never happened.year 2001 I decided to go and find a job abroad,only to find out that my real first name is diff.from what I`ve been using since childhood.2002 I met a man and we married,using my name on my passport,I was able to secure a CENOMAR from the NSO.my problem is w/ my child in the Philippines,I want her to come and live w/ me here abroad.her surname is from her father and her mother`s first name is diff.DSWD is asking for a non marriage certificate from her father.I`d requested a marriage certificate from my first husband just to check its status and I acquired one.please give me advice.thanks in advance.more power!

  286. ayi_dln February 24, 2010 |

    i was being sued by my husband for an adultery case, i just finished the case resulting to my conviction. i am serving my probation now.

    i would like to ask if my marriage have a chance to be nulled. i am planning to file for an annulement and i would be the one who is psyschologically incapacitated base on the test results. would the freedom i want would be possible? what is the chance that i could get?

  287. cuteyhe March 3, 2010 |

    Dear atty. Fred

    I just want to seek an advice regarding my situation.i been seperated for 12 years and i dont have a problem with my ex,now im happily working in abroad and meet a guy who has a family in the philippines, he gives all the support financially to his kids but the problem is he want to have a legal seperation with the mother of the kids. will he able to file for this? what if the mother of the kids dont agree? what is the next move he can do? il be happy to here any advice from you atty. we are planning to go home and seek a legal advice regarding this. thank you hope to hear a response immediately.

  288. kylemorr March 14, 2010 |

    Dear Atty,

    I have been separated with my husband for 2 years and a half because i was physical abuse by him and the day we got separated he never give any financial support to our child because he go back to studies. That’s why I ask for the barangay to have a written agreement that he must give a financial support to his child at the time he got his job after he graduated. Now, I’m planning to file for an annulment. I just wanna know what are the steps for filling an annulment, how long does it take to void our married? and if it is possible to annulled our married? Thank you

  289. ABG March 17, 2010 |

    Hello Atty Fred. I am a foreigner and was married to a Filipina in Manila. The marriage was a hoax since I found out the only intent of the marriage was to “go to America”. The marriage was never consummated and the Filipina disappeared shortly after. I was granted a divorce in the US about a year after the disappearance. The divorce was correctly processed with attempted service in Manila (without success since she disappeared) and with publication both in Manila and the US. My question is, am I now free to remarry in the Philippines and the US? Do I have to file the US divorce decree in the Philippines? If so, where and how. Thanks, Atty

  290. rosana March 22, 2010 |

    Attorney Fred,

    I was separated for 10yrs. but I don’t have legal papers.
    As of now, i was planning to get married again to a foreigner.
    According to your article if a spouse was separated for years, they can ask the court for a “declaration of presumptive death of the absent spouse”, were in i can petition to re-marry.

    Is the “declaration of presumptive death of the “absent spouse”" would be enough?., so i can leave the country and to get married again ?

  291. mervynn April 8, 2010 |

    Dear Attorney..

    I would like to ask.if the principal witness that was stated in the marriage certificate is not the actual witness who signed the contract..is it still valid. I mean, another person has signed on behalf of the principal witness, without mentioning the word “for” after signing on a different name.thanks in advance

  292. althea April 14, 2010 |

    hi… i would just like to inquire if a marriage can be considered null and void if it was solemnized by a Christian Pastor but the wedded couple are both Catholic? If so, is there a need to file for an annulment? another thing, if a the marriage certificate was not registered, meaning no records are found for the said ceremony both at NSO and city hall, is the marriage still valid? Please advise. Thanks for your response in advise…

  293. jhenny_ice0021 April 22, 2010 |

    Atty.

    just want to know.. if i dont have a child but we have properties that we both together and its in our name.. and we want to get an annulment.. do i get any from my husband ? plss help

  294. chong_mei April 28, 2010 |

    hi Atty. Fred,

    I’m new in here..I want ask what case should I file if my husband has another women they are all having a baby..he’s a American live in Philippines..

    please reply thanks

  295. miguelsantino May 11, 2010 |

    atty fred,

    my cousin was married at the young age of 20 to an 18 y/o girl.. it was consented by my aunt and the girl’s parent, too. they were together for 3 years and had a son.

    after they separated the girl met somebody and had a son thru that relationship. after a year my cousin found somebody else and was in that relationship for 8 years and had 1 child, they are now also separated, and shares custody of the child.

    technically, my cousin and his legal wife has now been separated for 12 to 13 years, they have been out of touch for close to 10 years. he is now 35 and is seeking a nullity declaration of his marriage. can you see any grounds at all for him to pursue the case?

    what constitutes a valid search for a presumed dead spouse? what if after the court has granted an OK to a petition in presumptive death, and the wife shows up?

    thank u so much and have a wonderful day!

  296. edpe May 12, 2010 |

    atty,

    I would like to ask about my situation. I am presently residing in France. I was married last July 1986 and after I year and up to the present I don’t have any communication with my wife. I would like to get married to a Filipina here in France but then when I got my Certificate of Singleness, there is a marriage contract reflected. I want to marry my girlfriend. Please help me what to do. Thank you very much.

  297. jhoxef June 1, 2010 |

    Dear sir,

    If ever the mariage is successfully granted by court that the two parties is now annuled… it means that both parties have the right to marry others… am i correct or not? second question, after annulment the two parties realize after a while that they still love each other, can they remarry again? pls send your answer to my email.. thank you so much and more power.. jjm.alegado@yahoo.com

  298. marypeter June 5, 2010 |

    Thanks for sharing such a most use full information. This was I am looking for, thanks again for the link
    ————————————–
    Great Law Group

  299. andee June 11, 2010 |

    What happens when you’re legally separated?
    Does that mean you can be in a new relationship already?
    How about the child custody etc?

  300. goldenvoice June 27, 2010 |

    Dear Atty. Fred,

    Good day!

    I will just inquire to you and need more clarifications on what i need to do regarding my situation. I got married last year 1999. After three years marriage we got separated due to some circumstances we can’t be avoided. But, eight years after last 2007 i know and noticed that I am already his Third Wife coz I gone to NSO and try to got CENOMAR for the purpose to know if my husband get to marry to another woman and this is what i received. What I am going to do in order to Cancel the list in Municipal Registrar’s Office my Marriage Contract as well as at NSO? We have already one son and now he used the family name of his father, is this valid Attorney Fred? Please Attorney, i just want your very kind advice regarding my problem now.
    Thank you and Have a nice day!

  301. Castle June 29, 2010 |

    Dear Atty;

    I will appreacited it very much if you could send me contact details of lawyers whom can handle my case.

    I have decided to file an annulment but I do not know where to start.

    Please please help me.

  302. Castle July 5, 2010 |

    Dear Atty;

    It is me again. I have decided to start filing an annulment but I do not know where to begin. I do not have lawyer yet. Please help me.

    Thanks so much.
    castle

  303. mjsalinel July 13, 2010 |

    atty fred.

    hi atty…this is mj i just wanted to ask if the annulment of marriage will take long time??this is my story i was married with the father of my kids and i thought i was the only one but last year i found out that he is still married with his first wife..it really hurts for me to know i was with him for long time and we were able to have 4 kids and now theyre all grown ups last year my annulment is still going until now my lawyer told me that it will take only 3 months to 6 months but its already one year im losing patience but im still praying hope to get it done this year..i wish..please give me information on how long it will take………thank you very much…GOD BLESS!!!

  304. james July 20, 2010 |

    Dear atty

    i would like to inguire about my case. im here in canada im a filipino. i was married in the philippines for a year. the problem is my wife she dont want to come here in canada. our marriage certificate in the philippines i send already to immigration in canada that im married back home. i need your advice can i make an annulment in the philippines? and i want to get married again and the philippines after my annulment done. and how can i apply my second wife here going to canada because my married certificate was aplied here in immigration in canada is my first wife.

    James

  305. Ana Abalos July 23, 2010 |

    Good day!

    I and my 25y/o suitor want to know if he could file for annulment under the grounds of #4 that the consent of either party was obtained by force, intimidation or undue influence.

    There was a Prenuptial Agreement that was only agreed by both parents and his girlfriend then, that as he reaches 18y/o they will get married. He was 16y/o then and the girl was 29y/o, pregnant. He escaped several times just to avoid being married, a lot of his relatives and friends could attest on this, even one of the suitors of his mom. However, his mom was afraid that the family of the girl would use their influence that is why he was begged to show-up. And because he was dependent to his mom for everything and do not want to be his mom’s emotional burden, he was forced to follow and get married.

    As of now, he was separated (not legally) from his wife since after a year of their marriage. Not to mention their individual differences, his wife’s dependency to her parents in all aspects even in decision making, and the inferiority treatment of the family of his wife towards him, hence made him unhappy of his marriage. Though he was living separately and yet he keeps open communication and support for his daughter (7y/o), who is living with his wife. His 2y/o son is living with him.

    Basing with his situation, could he file an annulment under grounds #4? And what other grounds could apply?

    What if the annulment is awarded without the knowledge of the past partner that he had kid with another woman. It was late then when she found out, could his past wife file against him even if they are annulled already?

    Between annulment and custody, what would be processed first? or simultaneously?

    And lastly, basing on his case, would his annulment would take shorter years like 2yrs. than other cases?

    We are hoping that you could give us an idea and advices. Your reply would mean so great and a piece of hope for him knowing that he could be happy again without any threats. Thanks a lot.

    God bless!
    Ana

  306. Cyril July 24, 2010 |

    Dear Atty,

    My friend is already separated from his ex wife 11 yrs. ago. And his ex wife is living with another guy even after they got separated, and have 2 children already.Now my friend wants to get marry but he don’t know if he can remarry again bcoz their marriage is still legal even if they are not having communication for long time. If he is to apply for legal separation, does he has the chance to remarry again? And How much could it possibly cost?

    Tnx Cyril

  307. red_blue July 29, 2010 |

    Dear Atty,

    I would like to ask if it is true that after 8 years of separation, will it be null or void? I have a boyfriend who is married, but it’s been 5 years now that they don’t live together.. and we plan to get married, is that possible for us? without my boyfriend filing for annulment, because it will cost a lot and it will take time. his wife though is okay with him getting married to me..coz his wife too wants to get married to another guy as well. what can you advise us to do about this.. I’m a little scared, coz I might be in big trouble.. please help us.

  308. Nomad August 11, 2010 |

    Atty Fred,
    I married a US citizen in the Philippines. And now he filed a divorce. If i sign the papers and the process is completed, will our divorce be also valid here in the Philippines and I can remarry again? Your response is greatly appreciated.

  309. kanly1001 August 14, 2010 |

    There is nothing called a free lunch is this world. If anything
    needed to be resolved then initiated need a support to be sorted out.
    ———-
    One Law Center

  310. scud September 14, 2010 |

    Dear Atty,

    I am 25 and i have a relationship with a woman who is legally separated(both parties signed papers that they could have their own new families)and i got this woman pregnant. would i be charge with adultery? thank You!

  311. Pingback: Annulment in the Philippines: Questions and Answers (Part II)

  312. icee October 5, 2010 |

    hi atty,

    i sent an email to you yesterday and today regarding my intention to be legally separated or if possible, have my marriage annulled. I was hoping you received them though I wasn’t registered yet.

    Anyway, my question really is if I could initiate the annullment process without the knowledege of my husband since we have been living separately for almost 2 years now.

    I am absolutely clueless on how to go about this.

    Please enlighten me.

    Thank you in advance,
    Ice

  313. ernac_18 October 6, 2010 |

    i want to know about the advantages and disadvantages of divorce affirmative…… plzz. help me because i have a debate this coming monday October 11 2010…. thank you…

  314. panda.1971 October 11, 2010 |

    I am requesting advice or clarification on my issue.
    My son married a filipina that told him she was pregnant two months after they met. Since she was living and working here illegally she told him she was being deported and he would never see his child. He married her. Days after the marriage she said she miscarried. No hospitalization or doctor’s care. We then find out she is married in the Philippines with two children. She then proceeds to tell us she is divorced. I am told by a coworker that there isn’t divorce in the Philippines and it is costly to get an annulment. My son paid the rent, food, her clothing, haircuts and manicures. He even paid for a trip to the Philippines. She never had any money because she would send everything to her country to support her mother and children. We helped her every way possible. As soon as she got her green card, she filed charges against my son and I with domestic violence. After we paid a criminal lawyer 10,000 dollars she drops the charges.
    Our suspicion is that she is still married in the Philippines. She has now changed her name for the fourth time. How can we find out the truth? She wants to take everything from my son. She did not contribute to the marriage. What advice can you give us?
    panda.1971@yahoo.com

  315. kroephek November 2, 2010 |

    Hi Atty,

    Just a question… I’m a Dutch citizen and got married in Philippines last january 2004. My question is i registered my marriage here in Holland but unlucky me our relationship/marriage didnt went well, so i filled for divorece here in Holland and its granted, we are divorced here, and we dont see or talk to each other anymore for almost 7 years how will i get annulment from Philippines, does my divorce here in Holland can be applied in Philippines..do I still need to pay for annulment? pls kindly answer my question.. thank you..

  316. alexiedeasis November 2, 2010 |

    Dear Atty,

    I would like to know if the court will honor a certain agreement by both parties regarding legal separation without going to trial.Atty i really want to know your legal advise about my plan because my husband and his family are strictly following there religious belief that seeking any legal assistant are forbiden.And if the court will recognise this agreement,to whom should i go and make this affidavit?

  317. Ghee November 2, 2010 |

    i am staying with my boyfriend who is married..he wanted to have an annulment..is there any chance for us to file an annulment..please give advised..
    also can you give update about the divorce bill that have beeb filed long time ago..is this being followed up..or it has been denied totally..
    why the goverment..give so much favor with the church opion..whrein there are more than alot of people living..in a miserable life because of this kind of belief..its true..a husband and wife cannot be separated but what if both are tired because they are not happy with the relationship,so having an affair will be the solution..that’s why we are living in a very hypocrite country…we try to pretend and we try to ignore the truth..
    is there any chance that the goverment and law makers try to hear the majority of the poeple..about the talk of divorce..annulment..only the people with money can afford it and us who doesnt have will just be an out cast of the society because of the tag..”KABIT” which is i think so unfair to us..because the only fault we have is to love and take care of the person whom..the so called parner never give important at all..in short because of the so called married status..they are doomed..to unloving ang uncaring patners..and i know its not also a ground for annulment at all…

  318. newf November 27, 2010 |

    Hi attorney,

    I am a canadian citizen and I have an existing marriage in the Philippines with a filipina, I was wondering if I can file a divorce here in Canada and would it be recognize in the Philippines as well?
    If so, what are the documents do i need? and what are the steps?

    thank you so much

    newf

  319. kagome_higurashi December 26, 2010 |

    Dear Atty,

    i would like to inquire if we are going to have so many difficulties regarding on filing an annulment or declaration of nullity,.if i am married to an american and my lover is married to a filipina..
    i was married last november 26 2010 because the american forced me,.and i dont love him..
    i thought that if i marry him my life will be in good, he was only good at the first,but when we got married his real attitude came out,..he called me steeler and my mom,.about my lover he has 3 children with his wife,.her wife is not responsible to him..and they only got married because she got pregnant and there’s no love involved,.we’ve been hiding our affair for about 2 years, and now struggling to fight for our love,..can u pls give me an advice how will things work for us
    u can reply here or email me vhadghirl_05@yahoo.com

    thanks and have a good day

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