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Which is valid? 1st or 2nd marriage?

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1 Which is valid? 1st or 2nd marriage? on Wed May 09, 2012 5:03 pm

chantel


Arresto Menor
FACTS:

1st marriage:
*November 2010
*Complete douments & signatories (Marriage License & Contract)
*Both parties were in legal age.
*Solemnizing Officer: Mayor
*Place: Municipality A
*Status:
a) The contract was not registered in the Civil Registrar of Municipality A & in the NSO.
b) The "husband" did not register the contract, intentionally and kept the documents secretly.
C) The "wife" obtained the original documents on Feb 2012 only, from the "husband".

2nd marriage:
*July 2011
*Complete douments
*Both parties were in legal age.
*Solemnizing Officer: Monmon's Bishop (The Latter Saints Day)
*Place: Municipality B
*Status:
a)The contract was registered in the Civil Registrar of Municipality B & in the NSO.
b)They were able to get married since the 1st marriage was not yet registered in the NSO.


Question:
1) Which marriage is valid?
2) If the 1st marriage is valid, what action should be done to nullify the 2nd?
If void, what will be the case?
3) Who will be liable for bigamy? The husband including the 2nd wife (in bad faith, knowledgeable of the 1st marriage)?


I hope for your opinion/advice regarding this. Thank you.

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2 Re: Which is valid? 1st or 2nd marriage? on Sun May 13, 2012 10:15 pm

attyLLL


moderator
non registration does not render a marriage void.

1st marriage
annulment based on bigamy
both of them

there is a process for late registration


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3 Re: Which is valid? 1st or 2nd marriage? on Mon May 14, 2012 4:02 pm

chantel


Arresto Menor
Sir, thank you for your reply.. i do appreciate it..

If the with late registration will be pursued, will it automatically charge the husband w/ bigamy?

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4 Re: Which is valid? 1st or 2nd marriage? on Thu May 17, 2012 7:21 pm

attyLLL


moderator
you can charge him, and i'll be very interested to find out if he is convicted.


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5 Re: Which is valid? 1st or 2nd marriage? on Thu May 24, 2012 12:38 pm

chantel


Arresto Menor
hi Atty.,

1) Will it be in the option of the aggrieve party to charge the husband with bigamy or not?

OR the law / court will automatically charge him after the late registration of the 1st marriage will be filed/processed?

2) Is it necessary that both parties, 1st wife & husband, to be able to register it?


I really appreciate your reply.. thanks po!

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6 Re: Which is valid? 1st or 2nd marriage? on Sun May 27, 2012 7:04 am

attyLLL


moderator
it will not be automatic. someone has to file a complaint.

it is the solemnizing officer who is best to have it late registered. you can also look up the requirements at the nso website


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7 Re: Which is valid? 1st or 2nd marriage? on Mon May 28, 2012 9:58 am

chantel


Arresto Menor
Do we have to file a separate case/petition to nullify the 2nd marriage?

Thanks for your reply atty..

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8 Re: Which is valid? 1st or 2nd marriage? on Wed Jun 13, 2012 2:11 pm

chantel


Arresto Menor
Is there is a prescribed period until when in filling a bigamy case?

Thanks again..

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9 Re: Which is valid? 1st or 2nd marriage? on Sun Jun 17, 2012 12:43 am

attyLLL


moderator
15 years from discovery


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