We received this query whether the other spouse needs to sign or receive the summons in connection with a case for annulment. The query goes like this: “Atty, sana po matulungan ninyo ko. Ako po ay nagtratrabaho dito sa Hongkong. To cut the story short, nambabae po ang asawa ko at may anak na po sila. Kasal po kami, atty. Kahapon lang po ay nakatanggap ako ng summon na magpapa-annull po sila. Pwede po bang di ko pirmahan ang mga ito?” Since this is a general question that we’ve heard a couple of times, it would be good to have a separate post to discuss it. Continue reading
Options of Filipino Spouse in Mixed-Nationality Marriages
We received a query on the options of a Filipina who was separated from her husband who is a foreign national. The question goes something like this: “I am married to a Canadian man who is living in the United States with a permanent residency. We were married in 2010 and after the marriage he went back to US. We communicated for a couple of months until such time that he stopped communicating and ignored my mails and calls. My question is how can I get out of this bondage?? Can I file a divorce but i am thinking he might not file in the States that he is married. Look Atty, this is unfair. I am stuck up on this bondage while my foreign husband I know is wandering.” Let’s have a general answer so others similarly situated don’t have to repeat the query. Continue reading
Filed under Family Law
Briefer on Temporary Protection Order (TPO) and Permanent Protection Order (PPO)
There’s an increased interest on Temporary Protection Orders (TPO) and Permanent Protection Orders (PPO) brought about by a court order issued in favor of Kris Aquino against James Yap, in their battle over Baby James (Bimby). It’s surprising that many individuals are clueless about TPOs and PPOs considering that these remedies have been around for quite some time. These remedies have been invoked quiet extensively, at least from the cases we’ve handled. Anyway, let’s have a primer on TPOs and PPOs.
Filed under Family Law
Result of the 2012 Bar Exams (Full List)
Congratulations to the 949 law graduates (passing percentage of 17.76%) who passed the 2012 bar examination. A total of 5,686 examinees took the 2012 bar exam. Continue reading
Filed under Internet & Technology
The Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)
Recognizing that the judiciary uses excessive quantities of costly paper (for the purpose of saving trees, conserving precious water and helping mother earth), the Supreme Court issued the Efficient Use of Paper Rule (A.M. No. 11-9-4-SC; see full text). This Rule, which took effect on 1 January 2013, prescribes the format of pleadings, motions and documents filed in courts. Continue reading
Filed under Legal Procedure
Abandonment, Subsequent Relationship and Legal Separation
“I am separated from my wife for 5 years now. It’s a separation in fact and not really a legal separation. Can I file a petition for legal separation and if the petition is granted, can I live with another woman without marriage?” This question was already answered in a previous Q&A and the usual recourse is to point to that post. Nevertheless, it might be helpful to centralize and expand the discussion. Continue reading
Filed under Family Law
Annulment can ONLY be Filed in the Philippines
If the marriage ceremony was done in a Philippine consulate abroad, should the petition be filed abroad or in the Philippines? If the marriage celebrated abroad was registered here in the Philippines, can the petition be filed abroad? If the marriage was solemnized abroad and a church wedding was subsequently held in the Philippines, where is the proper venue for filing the petition for annulment or declaration of nullity? The Philippines or abroad? Continue reading
Filed under Family Law
You Cannot File a Second Annulment Case
A number of queries have reached us whether a married person can re-file a petition for annulment or declaration of nullity when the previous petition was previously dismissed. The first petition is usually based on psychological incapacity under Article 36 of the Family Code and the second petition is almost always based on a different ground. Continue reading
Filed under Family Law
Introduction to and Discussion on the Judicial Affidavit Rule
On 4 September 2012, the Supreme Court issued A.M. No. 12-8-8-SC [full text], approving the JUDICIAL AFFIDAVIT RULE. The Rule, which is intended to expedite court proceedings, is new and far from complete, necessitating an extensive discussion to thresh out various issues. Lawyers could keep their observations to themselves and hope that the other party commits a mistake, most likely gaining an edge by reason of technicality. Still, considering that the unstated purpose of the Rule is to ferret out the truth in coming out with a decision based on the merits, and not on mere technicality, it would be helpful to start an open discussion to pick the brains of the legal-minded crowd. Continue reading
Filed under Legal Procedure
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