Part 4 of the continuing installment of discussions on annulment or declaration of nullity. Before posting a question, please be mindful of our limitations and kindly search the related articles in this site. Otherwise, please be patient and wait for future discussions that may be related to your query.
Are the grounds mentioned in Civil Code exclusive? If the reason does not fall within the grounds, will the annulment case prosper?
The grounds for annulment or declaration of nullity of marriage, as the case may be, are provided under the Family Code, which amended the Civil Code. These grounds are exclusive. However, the specific facts or acts that support each ground may vary on a case to case basis. For instance, psychological incapacity (Art. 36) was purposely drafted without a specific definition. As noted by the SC in one case, judicial understanding of psychological incapacity may be informed by evolving standards, taking into account the particulars of each case, current trends in psychological and even canonical thought, and experience. The guidelines are not set in stone, the clear legislative intent mandating a case-to-case perception of each situation.
What is the remedy if my spouse could not be found? I’m having a difficult time starting the annulment process because I can’t find my husband (or wife).
The presence of the other spouse in the proceedings is not required, provided there is a valid service of summons. The summons is usually served by handing a copy to the other spouse. However, if the other spouse could not be found, service of summons is done through publication. The petitioner files a motion asking the court, for valid reasons, that summons be served through publication.
My petition for annulment was granted, but before it became final, I remarried. Is my second marriage valid?
No. The law provides that remarriage during the existence of a previous marriage is not valid. The mere fact of filing the petition, or the grant thereof without complying with all the requisites, is not a reason for contracting a subsequent marriage.
My petition for annulment was denied even if my wife didn’t appear. I didn’t tell any lies during my testimony. Shouldn’t the petition be granted considering that my wife didn’t even appear and testify to the contrary?
The absence of the other party is not enough ground to grant a petition for annulment or declaration of nullity of marriage. The court, in deciding whether to grant or deny a petition, must look at the sufficiency of the evidence supporting the ground used in the petition. The court may deny the petition if the evidence presented is not enough, even if the other spouse does not appear. The Solicitor General or the Public Prosecutor may even oppose the petition, on behalf of the State, if the grounds are not sufficient.
I got married without parental advice. Is my marriage valid?
A marriage is valid even if no parental advice was given. There is a separate discussion on the distinctions between “parental consent” and “parental advice“.
How will I know if my attorney is a valid one? Is there a website available to check if it’s valid?
A lawyer must be registered by the Supreme Court. It may happen that a person in Supreme Court Law List: (a) is already dead; (b) had been suspended from the practice of law; or (c) disbarred. It may also happen that the name is registered in the Law List, but the identity of that lawyer is being used by a non-lawyer.
I’m single and I was surprised to learn that a Marriage Certificate is on file with the NSO. My ex-boyfriend is reflected as my husband, but we didn’t get married. What shall I do?
We’ve encountered variations of this problem a number of times. The common thread is this: there was absolutely no marriage, but for one reason or another, a marriage certificate ended up with the NSO. The good news is, it’s relatively easier to show that there indeed was no marriage. The bad news is, a petition still has to be filed to declare the alleged marriage as null and void.
If a Filipino couple later became U.S. citizens, then got divorced, is their marriage still valid under Philippine law?
There are a lot of questions relating to this issue, even with the number of articles that deal squarely with this issue. These articles also discuss the situation wherein the foreigner-spouse refuses to file for divorce. Again, kindly search the site before posting a query. Thank you.
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If you can’t find the answers here, please refer to Part I, Part II, Part III or other related posts. You can check the Related Posts at the bottom of each post. You can also use the Search function (also in the right sidebar).
Related Posts:- Annulment in the Philippines: Questions and Answers (Part 3)
- Annulment in the Philippines (Questions and Answers Part 5): Overseas Filipinos Edition
- Annulment in the Philippines: Questions and Answers (Part II)
- Annulment in the Philippines: Questions and Answers (Part 6)
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
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my birth certificate clerically erred that i am a female. i want to change from female to male? what are processes…
Jerome, if there’s an easy way of transferring your question to the right post, I’d do it. This is discussed in a previous post, here:
http://attyatwork.com/sex-reassignment-surgery-court-rejects-change-of-name-and-gender/
Good luck.
Atty. Fred, the women I married & I were separated couple of years ago and have one kid. I went in the Middle East and an Arab friend tought me about Islam and after a year of study I reverted back to Islam. She learnt about what I did and she’s now planning to file an annulment together with an adoption case and it is maybe because of my current situation. Is it possible for her to secure an annulment and adoption as well? Thank you.
I would like to change my child’s last name to my ex-wife. We are annulled and I have no relationship with my child.
My ex-wife has remarried and so have I.
Can this be done via a deed poll by me and filed by NSO?
WE WERE MARRIED IN DUBAI AND NOW GOT THE DECISION FROM RTC THAT WE ARE ANNULED..NOW GOIN BACK TO DUBAI. DO I STILL NEED TO GIVE COPY OF ANNULMENT TO OWWA OR CONSULATE IN DUBAI??WHEN WILL I GET A NEW SINGLENESS AFTER I GIVE THE RESULT OF ANNULMENT TO NSO AND OWWA?,is the phil. consulate cinsidered to bew pour civil registry where we should submit the decision of annulmnet?does the paper need to ne authenticated by dfa??
when will i get a singleness after i am
anulled now? ..plannng to get married in 6 months with my fiancee..still on good relation with my ex and still frineds..she has new good life now..we are both Filipinos and really appreciate your reply..thanks..
good evening atty. i have a huge prob right now. My boyfriend had his first marriage annulled and finally we got the legal documents wherein it was stated that the first marriage was nulled and void. The petitioner for their annullment was the ex-wife. We are supposedly get married next month, but the problem is that the ex-wife did not submit s file copy to the NSO. So in his cenomar it shows on his status that he is still married to the ex-wife. Will our marriage still be valid? if not, how can we fix this problem sir? pls help us.
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Atty. Fred,
Good day! Im leaving here in Kalibo, Aklan. Lawyer tell me that there’s no anullment of marriage here in our province. How can i find the best and can be trusted lawyer in Manila as well as the cheap one that i can afford. How long could it take to finish the case, since me and ex-husband already talk that he have no problem and he will sign in it as long as I will be the one to shoulder the expenses. Thank you very much
Cheche
Dear Cherdoll, maybe it’s a simple misunderstanding. Annulment is allowed in the Philippines and last time I checked, Kalibo, Aklan is still part of this country. Kidding aside, where to file the petition depends on the residence of either spouse, so it might be premature to look for lawyers in Manila. Good luck.
Atty. Fred, I been married for almost 8 yrs.. But my husband and I dont live together.. I am planning to file an annulment next year.. However, an officemate of mine told me that if a married individual does not validate (dont know the correct term) the marriage in 10 yrs it will be voided…Is this true? Because it it is then i’ll just wait for our 10th year..
Dear Jay-em, there was a proposal to have a law providing for an “expiration” of the marriage vow after 10 years, thus the need for a “validation”. I don’t think we’ll have that law. So, what we have right now is annulment/declaration of nullity. Good luck.
My marriage to my first wife has been annulled and I remarried. Can I request my exwife not to use my family name?
Hello,
I got married to a philippina woman who abandon me. i have not seen her in nearly 4 years and am having a hard time getting an annullment. I went to the do i went to the dominican republic got a divorce the attorney published newspaper adds trying to locate her she never respnded. the divorce is recognized in New York. how can i proceed in this matter
Hi,
I got the final result of my annulment and already publicized in the newspaper. I check at NSO but the result is not yet there. What will be the next procedure? I’m trying to locate my lawyer but no where to find. Your response is greatly appreciated.
hi nel, how long did it takes bgo lumabas ang decision?
it depends po kung wlang aberya. s akin po 1 year before bumaba ang decision.Right now po im waiting for the response of the OSG kelangan ko daw po yun bago ako mag file s NSO and civil registrar kung san kami kinasal.
Dear Sir,
how can i get the final result of my annulment as my lawyer never give me an updated news. can i check it in the court? or the court send any to the respondent?
Lilia, as a general rule, a party to the case who has a lawyer won’t be notified. However, the petitioner/respondent can always check with the court and get copies (or ask the lawyer for copies). Good luck.