Comments on: Declaration of presumptive death of a spouse for subsequent marriage http://attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/ The personal blog of Atty. Fred Pamaos Mon, 21 May 2012 17:01:04 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: may http://attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/comment-page-1/#comment-33270 may Thu, 10 Mar 2011 14:57:48 +0000 http://www.attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/#comment-33270 Hi sir. Really need.ur help. My sister's fiancè said that his wife died 6 yrs ago. We've just learned this month that he doesnt know where his wife was buried and he hasn't seen the grave for all those years. He said that he has a death cert given by his mother in law and we've asked for the copy since we need it for their wedding prep. All of a sudden, they told us that the death cert that they hold was a fake accdg to las piñas city hall where they reside. Can my sister's fiance file for presump death based on that? Your response will be greatly appreciated. Thanks in advance. Hi sir. Really need.ur help. My sister’s fiancè said that his wife died 6 yrs ago. We’ve just learned this month that he doesnt know where his wife was buried and he hasn’t seen the grave for all those years. He said that he has a death cert given by his mother in law and we’ve asked for the copy since we need it for their wedding prep. All of a sudden, they told us that the death cert that they hold was a fake accdg to las piñas city hall where they reside. Can my sister’s fiance file for presump death based on that?
Your response will be greatly appreciated. Thanks in advance.

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]]> By: carla http://attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/comment-page-1/#comment-31759 carla Thu, 09 Dec 2010 15:03:30 +0000 http://www.attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/#comment-31759 i just want to ask something: my friend wants to get married0 but his problem, can he file presumptive death to his ex wife who never seen her for more than 5 years already, because after 7 months of getting married the girl went to her province and she didn't perform her obligation as wife to his husband.and he don't know all the whereabouts of his ex wife. i just want to ask something:

my friend wants to get married0 but his problem, can he file presumptive death to his ex wife who never seen her for more than 5 years already, because after 7 months of getting married the girl went to her province and she didn’t perform her obligation as wife to his husband.and he don’t know all the whereabouts of his ex wife.

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]]> By: Shirley Aldana http://attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/comment-page-1/#comment-31674 Shirley Aldana Wed, 17 Nov 2010 21:33:58 +0000 http://www.attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/#comment-31674 I got married in Sept 1998 and gave birth to my son in Oct 1998. My ex-husband left us in December 1998 and we never heard from him since then (which is more than 12 years ago). He has been known in dealing drugs and I have a well-founded belief that he has died. I am trying to start a new life now and wishes to re-marry. I am wondering if I can file a petition for presumptive death with the ground of drug dealing. Is this a viable option? If so, how long will it take? Or would I rather file for an annulment? How much time before it gets granted and how much do you think will it cost me? Please help. I got married in Sept 1998 and gave birth to my son in Oct 1998. My ex-husband left us in December 1998 and we never heard from him since then (which is more than 12 years ago). He has been known in dealing drugs and I have a well-founded belief that he has died. I am trying to start a new life now and wishes to re-marry. I am wondering if I can file a petition for presumptive death with the ground of drug dealing. Is this a viable option? If so, how long will it take? Or would I rather file for an annulment? How much time before it gets granted and how much do you think will it cost me? Please help.

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]]> By: Mark http://attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/comment-page-1/#comment-29352 Mark Wed, 23 Jun 2010 03:56:46 +0000 http://www.attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/#comment-29352 @Rex Your father-in-law is liable for bigamy. Even if he already got a Judicial Declaration of the Presumptive Death of his wife, the law provides that he still liable for the said crime if he acted in bad faith. You said that he knew that your mother-in-law is definitely alive, that means that he "has no well-founded belief that his wife is already dead." This is a good evidence that he acted in bad faith. In a case, the Supreme Court held that no one can use the court to legally commit a crime. @Rex

Your father-in-law is liable for bigamy. Even if he already got a Judicial Declaration of the Presumptive Death of his wife, the law provides that he still liable for the said crime if he acted in bad faith. You said that he knew that your mother-in-law is definitely alive, that means that he “has no well-founded belief that his wife is already dead.” This is a good evidence that he acted in bad faith. In a case, the Supreme Court held that no one can use the court to legally commit a crime.

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]]> By: Rex E http://attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/comment-page-1/#comment-16311 Rex E Mon, 13 Oct 2008 02:10:06 +0000 http://www.attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/#comment-16311 Hi. May I consult something about Bigamy and Presumptive Death. We just found out that my father-in-law just got married for the 2nd time in August 2008. We already got enough evidences, i.e. marriage contract, mariage license, etc of the said marriage. The reason he was allowed by the church to get married is because he came up with a presumptive death for my mother-in-lay court decision from Tarlac. My mother-in-law is very much alive and we only knew of the infidelity sometime April 2008 (and still he pushed thru with the wedding in August). That was the only time my father-in-law left the family abode. We are set to file the bigamy case against him. However, somebody told us that there is still a chance for my father-in-law to be acquitted because he may use the presumptive death decision as his defense. Although it is known that they have falsified it, still the court ruling stays. It is assumed that the decision stands unless we file a petition to overturn the decision. Is this true? Somebody told us (to be sure that we'd win) to file the petition first then file the bigamy. The downside is that the petition would take 1 - 2 years in the Court of Appeals. This is already a long time. Can we be charged with condonation if we file bigamy only after the decision of the petition would come out? Is there a way for us to do it faster? Please advise. Thanks. Rex Hi.

May I consult something about Bigamy and Presumptive Death. We just found out that my father-in-law just got married for the 2nd time in August 2008. We already got enough evidences, i.e. marriage contract, mariage license, etc of the said marriage. The reason he was allowed by the church to get married is because he came up with a presumptive death for my mother-in-lay court decision from Tarlac. My mother-in-law is very much alive and we only knew of the infidelity sometime April 2008 (and still he pushed thru with the wedding in August). That was the only time my father-in-law left the family abode. We are set to file the bigamy case against him. However, somebody told us that there is still a chance for my father-in-law to be acquitted because he may use the presumptive death decision as his defense. Although it is known that they have falsified it, still the court ruling stays. It is assumed that the decision stands unless we file a petition to overturn the decision. Is this true? Somebody told us (to be sure that we’d win) to file the petition first then file the bigamy. The downside is that the petition would take 1 – 2 years in the Court of Appeals. This is already a long time. Can we be charged with condonation if we file bigamy only after the decision of the petition would come out? Is there a way for us to do it faster? Please advise. Thanks.

Rex

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]]> By: rose http://attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/comment-page-1/#comment-7770 rose Tue, 20 Nov 2007 05:30:36 +0000 http://www.attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/#comment-7770 what do you suggest a person who had a denied annulment? what are his options? he cant definitely suffer forever from ... what do you suggest a person who had a denied annulment? what are his options?

he cant definitely suffer forever from …

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