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
Tag Archives: annulment
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
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
Primer on Concubinage, Adultery and Bigamy
The Revised Penal Code penalizes adultery, committed by a married woman, and concubinage, committed by a married man. Other than the elements of the offense and the applicable penalties, both adultery and concubinage are covered by basically the same set of rules and, therefore, would be discussed together. Continue reading
Filed under Criminal Law, Family Law
Formal and Essential Requisites of Marriage
Article 2 of the Family Code specifies the essential requisites, as opposed to the formal requisites, of marriage. It reads: Continue reading
Filed under Family Law
Grounds for the Annulment of Marriage
It feels weird to be writing in more detail about annulment because, come to think of it, we should be writing more on how to save the marriage. Still, we cannot avoid discussing the matter because we deal with it on a daily basis at work and, besides, this is what the law provides. Spouses who are confronted with this reality should have a basic information on the grounds for annulment. Continue reading
Filed under Family Law
Length of Time when Husband and Wife are Separated Does not Automatically Nullify Marriage
Experience makes you, well, really old. It also makes you realize a couple of things — like people asking a question that was asked and answered before. It’s human nature, I guess, and it would be ok if we have all the time in the world to sift through questions (again, sorry if I rarely reply to questions). We recently received this query: “Can a married man re-marry after 10 yrs. separation?” You helpful folks out there must have noticed that this question, and shades thereof, had been asked so many times before. This is tackled in our previous discussion: Continue reading
Filed under Family Law
Annulment in the Philippines: Questions and Answers (Part 6)
We have time to address some questions relating to annulment in the Philippines. Let’s consolidate the questions that are newly raised for easy reference. We shall update this post to include new issues we encounter (again, please search through the other posts or the comments to check if a question related to yours was already addressed). As always, please remember that nothing should here should be taken as legal advice (for clients, please click here). Continue reading
Filed under Family Law
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