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Article 36

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1 Article 36 on Tue Oct 30, 2012 1:12 am

Abused


Arresto Menor
I found out that i was only 17 years old when i got married as shown from my marriage contract copy from NSO. I did some research and came across Article 36 and asked a lawyer whether i can use it for my intention to dissolve my marriage as i am suffering too much emotional abuse for over 35 years now. The lawyer said, i was married in 1997, thus the new family code which was revised does not apply to my wish of nullification of my marriage. Sad How true?

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2 Re: Article 36 on Tue Oct 30, 2012 1:18 am

Abused


Arresto Menor
I am separated and survived myself and three grown up children for five years through loans and borrowing from private lendors. I met a foreigner who is looking for a place to stay on his retirement years, and we agreed leasing to him the lot i have purchased while i was abandoned for five years. We had a lease contract renewable every three years. Through him, the property had been developed, a building was erected and things went wrong when absentee husband came back claiming that the property is a conjugal property which he claims he has the right to it since we are still married. What are the rights of the foreigner who leased it? I bought the land when he was absent for 5 years, has he the right for it? Thank you if you can give me some enlightenment. More power.

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3 Re: Article 36 on Tue Oct 30, 2012 12:28 pm

karmalief


Arresto Menor
Abused wrote:I found out that i was only 17 years old when i got married as shown from my marriage contract copy from NSO. I did some research and came across Article 36 and asked a lawyer whether i can use it for my intention to dissolve my marriage as i am suffering too much emotional abuse for over 35 years now. The lawyer said, i was married in 1997, thus the new family code which was revised does not apply to my wish of nullification of my marriage. Sad How true?

If you were only 17 when you got married, the marriage is void from the beginning. You can file for a decree of nullity under Article 35.

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4 Re: Article 36 on Thu Nov 01, 2012 4:54 pm

attyLLL


moderator
wait, is that just a typo on your marriage contract or you really were just 17 based on your birth certificate?


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5 Re: Article 36 on Fri Nov 02, 2012 10:14 pm

Abused


Arresto Menor
attyLLL wrote:wait, is that just a typo on your marriage contract or you really were just 17 based on your birth certificate?
I was really 17 on my marriage contract as well as my birth certificate. If i apply for nullifion of marriage, will iticat cost me too much? The lawyer i have referred to about this said: "It happened in 1977, and the family code was revised only in a997" as if trying to tell me, that the revision of the family code does not include marriages problems before that year. . .

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6 Re: Article 36 on Sat Nov 03, 2012 5:57 pm

attyLLL


moderator
the lawyer you spoke to is correct. prior to 1988, the marrying age for females was 14, so your marriage cannot be annulled on that basis.


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7 Article 36 on Sun Nov 04, 2012 1:51 pm

Abused


Arresto Menor
attyLLL wrote:the lawyer you spoke to is correct. prior to 1988, the marrying age for females was 14, so your marriage cannot be annulled on that basis.
Thank you "attyLLL" for the responses. I am being educated here as to what case would i file to have my annulment prosper.I hope, things which took place during those 30 years will help me a lot to prove in court that he had abused me psychologically and emotionally. From the first year up to present, i have been very unhappy and haunted with all the bad memories which took place and is disturbing me a lot up to present.
He is a come and go husband. . . comes home a week and be gone for three or 4 months, and the longest is 6 months without sending any monetary support to me and my three kids. During his absence, my parents supported me and have sent me to a uiniversity wherein i was able to pursue a secretarial course, which enabled me to get a job at a Judge Advocate's office, but before i started working, my husband went to that office telling them that he will not allow me to work there. I became a plain housewife instead. While he is away, i could see his name on the penpal corners of various magazines and find out that he had been womanizing while me and kids are away from him. I started drifting away and the lost of love to him took place. I decided then to separate from my marriage to he scared me by entangling a belt around my son's neck (1month old) and hitting his head with a hard thing or a bottle of coke in front of me to persuade me to forgive him. With blood oozing from his head, my parents and I were scared and we cannot do anything but accept him again. He also is an alcoholic and there was even a time when he tried to molest my 15 year old sister who lived with us but we are scared to drive him out of our lives because we noticed his actions as somewhat violent. He had been reported many times about abusing women and some civilians when he is drunk and cases had been filed against him on those reasons.
On October 2007, he abandoned me with three unemployed children and survived them for 5 years. . during the separation, he had threatened me to kill me and kids (he said:"there will be a bloodflood when you will another man in your life" which me and kids reported to the PNP for blotter because we already have been disturbed and scared especially at nightime. He even strangled my eldest son because he suspected that my son's friend is my boyfriend. . .these and many much more happened which turned my life upside down. Will these reasons help me with my annulment? pale confused

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8 Re: Article 36 on Thu Dec 27, 2012 1:23 am

Abused


Arresto Menor
My Annulment is now filed, can i still sue my husband for forging my signature on the sale of one of our conjugal property? It was notarized but i am very sure that he also used his own notarial seal which is fake and had been using that notary seal for various documents for a long time. He is not a lawyer but a retired policeman. If i sue him with that issue, is his pension at stake?

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9 Re: Article 36 on Thu Dec 27, 2012 12:07 pm

attyLLL


moderator
i think you should discuss these matters with your own lawyer. he will know better about your situation


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10 Re: Article 36 Today at 9:46 pm

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