Comments on: Venue of Petitions for Annulment or Declaration of Nullity http://attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/ The personal blog of Atty. Fred Pamaos Wed, 23 May 2012 07:39:26 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: jun http://attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/comment-page-1/#comment-29496 jun Wed, 28 Jul 2010 16:45:28 +0000 http://www.attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/#comment-29496 Your answer is not responsive to the question. The question assumes that the residence of the respondent cannot be determined since the spouses have been under a de facto separation for a long time. If the residence of the respondent for the last six months before the filing cannot be determined, then where do you file the petition? Moreover, if the petitioner have been residing abroad e.g. for two years, there is no way of determining his residence in the Philippines six months before the filing since he was out of the country six months prior. That is the big quandary, my friend. Your answer is not responsive to the question. The question assumes that the residence of the respondent cannot be determined since the spouses have been under a de facto separation for a long time.

If the residence of the respondent for the last six months before the filing cannot be determined, then where do you file the petition?

Moreover, if the petitioner have been residing abroad e.g. for two years, there is no way of determining his residence in the Philippines six months before the filing since he was out of the country six months prior.

That is the big quandary, my friend.

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]]> By: mel http://attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/comment-page-1/#comment-22032 mel Mon, 10 Aug 2009 16:47:53 +0000 http://www.attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/#comment-22032 Please do some research. You can find the answers in your civil procedure book and on the net. It's a good training for your legal research knowledge. Good luck!!! Please do some research. You can find the answers in your civil procedure book and on the net. It’s a good training for your legal research knowledge. Good luck!!!

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]]> By: samhc20 http://attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/comment-page-1/#comment-22031 samhc20 Mon, 10 Aug 2009 09:16:49 +0000 http://www.attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/#comment-22031 pls help, WHAT IS THE VENUE IN FILING IN COURT A DECLARATION OF THE PRESUMPTIVE DEATH OF A SPOUSE? IS IT: A) THE LAST KNOWN ADDRESS OF THE PRIOR SPOUSE? B) ADDRESS OF THE PETITIONER? C) COUPLES RESIDENCE? D) OTHERS PLS INCLUDE LEGAL BASIS AND JURISPRUDENCE/ DECIDED CASES. THANKS pls help,

WHAT IS THE VENUE IN FILING IN COURT A DECLARATION OF THE PRESUMPTIVE DEATH OF A SPOUSE? IS IT:

A) THE LAST KNOWN ADDRESS OF THE PRIOR SPOUSE?
B) ADDRESS OF THE PETITIONER?
C) COUPLES RESIDENCE?
D) OTHERS

PLS INCLUDE LEGAL BASIS AND JURISPRUDENCE/ DECIDED CASES.

THANKS

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]]> By: kakampi http://attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/comment-page-1/#comment-12072 kakampi Thu, 08 May 2008 02:05:08 +0000 http://www.attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/#comment-12072 Just a query? How much is the usual (on the average) acceptance fee for an annulment case? Thanks. Just a query?

How much is the usual (on the average) acceptance fee for an annulment case? Thanks.

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]]> By: Cesar001 http://attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/comment-page-1/#comment-12050 Cesar001 Wed, 07 May 2008 10:28:53 +0000 http://www.attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/#comment-12050 Hope it would be possible to inquire in this section..... Kindly advice the nearest location of the Family Court in Pasig or Cainta, Thank you Hope it would be possible to inquire in this section….. Kindly advice the nearest location of the Family Court in Pasig or Cainta,

Thank you

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]]> By: Lord http://attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/comment-page-1/#comment-7936 Lord Fri, 30 Nov 2007 01:50:02 +0000 http://www.attyatwork.com/venue-for-petitions-for-annulment-or-declaration-of-nullity/#comment-7936 Opinion: On the 1st query: my answer would be on the affirmative. The Filipino is considered a non-resident Petitioner, The Law is very clear where....xxx...The petition shall be filed in the Family Court of the province or city where the petitioner.....xxx...has been residing for at least six months prior to the date of filing...xxx.... at the option of the petitioner (sec 4)., with his duly authenticated verification of certificate of Non Forum shopping from the duly authorized officer of the Philippine embassy...(sec 5, requirement on non-resident petitioner) On the 2nd query: In case where petitioner is in a foreign country (be it be of permanent or temporary in character), the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country, so long that such petitioner file such petition in the Phillipine Family Court of the province or city where the petitioner has been residing for at least six months prior to the date of filing, at petitioners option. as quoted from you: In other words, the possible venues for filing the petition for annulment or declaration of nullity are the following, at the option of the petitioner: 1. The province or city where the PETITIONER has been residing for at least six months prior to the date of filing. 2. The province or city where the RESPONDENT has been residing for at least six months prior to the date of filing. 3. In the case of a non-resident RESPONDENT, the province or city where he may be found in the Philippines. Opinion:

On the 1st query: my answer would be on the affirmative. The Filipino is considered a non-resident Petitioner, The Law is very clear where….xxx…The petition shall be filed in the Family Court of the province or city where the petitioner…..xxx…has been residing for at least six months prior to the date of filing…xxx…. at the option of the petitioner (sec 4)., with his duly authenticated verification of certificate of Non Forum shopping from the duly authorized officer of the Philippine embassy…(sec
5, requirement on non-resident petitioner)

On the 2nd query:

In case where petitioner is in a foreign country (be it be of permanent or temporary in character), the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country, so long that such petitioner file such petition in the Phillipine Family Court of the province or city where the petitioner has been residing for at least six months prior to the date of filing, at petitioners option.

as quoted from you:

In other words, the possible venues for filing the petition for annulment or declaration of nullity are the following, at the option of the petitioner:

1. The province or city where the PETITIONER has been residing for at least six months prior to the date of filing.

2. The province or city where the RESPONDENT has been residing for at least six months prior to the date of filing.

3. In the case of a non-resident RESPONDENT, the province or city where he may be found in the Philippines.

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