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2 marriages

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1 2 marriages on Wed Feb 06, 2013 6:28 am

wife to be


Arresto Menor

Hi atty, i would like to ask some piece of advice/overview. My boyfriend was married back in 1998 with the first wife, the relationship lasted for a year, the first wife and and my boyfriend lost communication since then, my boyfriend remarried after 4 years to another woman that was 2002, (which we know it's automatically null and void) the relation didn't work out too. the first wife communicated last 2010 to file annulment, as of the moment the annulment is in process. If in case the annulment on the first wife will be approved... ( NSO record shows that 2 marriages has been filed.)

1.) Does my boyfriend needs to file annulment on the second marriage?

2.) Is still there any legal process to null/void the second marriage.


3.) 0nce annulment is approved (first wife) is the 2nd marriage is also automatically nulled?




4.) Can I marry my boyfriend after the annulment, without the validity of the annulment of the second marriage.

Thank you so much, wish you can help me with this.

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2 Re: 2 marriages on Wed Feb 06, 2013 11:50 am

jd888


moderator
If the first marriage is annulled, then the second marriage which is bigamous and holds no legality from the very beginning is Void Ab Initio. Yes, you can marry your partner after the annulment of the first marriage and the bigamous marriage and live happily ever after. Nice huh? Find a Lawyer who can assist you on this.


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3 Re: 2 marriages on Wed Feb 06, 2013 11:59 am

loraaquino


Arresto Menor
How will I know if a man has multiple marriages?

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4 Re: 2 marriages on Wed Feb 06, 2013 2:20 pm

attyLLL


moderator
you can request for a certificate of no marriage from the nso, they will report if there are multiple marriages in their records


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5 Re: 2 marriages on Thu Feb 07, 2013 1:34 am

wife to be


Arresto Menor
Thank you so much for the help. # wearing a smile now. Very Happy

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6 Re: 2 marriages on Thu Feb 07, 2013 5:03 am

wife to be


Arresto Menor
just a follow up question.. my boyfriend doesn't need to file annulment to the second marriage since from the very beginning it is Void? thank you.

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7 Re: 2 marriages on Thu Feb 07, 2013 9:46 am

aica


Arresto Menor
He needs to file a petition for declaration of nullity of the second marriage for purposes of remarriage, per article 40 of the civil code. Kahit alam nating void ang second marriage, kailangan nyo ng declaration of nullity kung magpapakasal kayo. Kung hindi kayo magpapakasal at magsasama lang kyo, walang problema pero illegitimate ang magiging anak nyo.

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8 Re: 2 marriages on Thu Feb 07, 2013 9:56 am

wife to be


Arresto Menor
thank you for that idea. will it take longer to file a petition for declaration of nullity of the second marriage?. what is the process to nullify the second marriage?
Is the second wife needs to participate to approve the marriage or can my boyfriend file with out her participation or signature?

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9 Re: 2 marriages on Thu Feb 07, 2013 10:09 am

jd888


moderator
Let us tackle this lengthily, for you to grasp the whole concept of your case. Under Philippine laws, a person who has already been previously married may only be allowed to validly contract another marriage upon its dissolution, or upon the declaration of the presumptive death of the first spouse. This rule, however, does not apply to Muslim men who are allowed, under Muslim laws, to have over one wife but not more than four at a time provided he can deal with them with equal companionship and just treatment as enjoined by Islamic laws (Article 27, Presidential Decree No. 1083). Non-Muslims who contract another marriage during the subsistence of the first marriage may be held liable for the crime of bigamy defined and punished under Article 349 of the Revised Penal Code, to wit:

“Article 349. Bigamy.—The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.”

The second spouse may also be considered as the offended party in the crime of bigamy, especially when the latter married the accused without being aware of his previous marriage (People of the Philippines vs. Ricardo Nepomuceno, Jr. y Bernardino, G.R. No. L-40624, June 27, 1975).

Hence, since you just recently learned of your boyfriend’s prior marriage, your BF maybe filed a criminal case for bigamy against him before the prosecutor’s office of the place where you contracted your marriage (This requires the 2nd Wife's Participation).

To successfully prosecute your BF, the second wife must prove the following elements: 1) Her husband is already legally married; 2) his first marriage has not been legally dissolved or, in case his spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code; 3) he contracts a second marriage; 4) the second or subsequent marriage has all the essential requisites for validity (Luis B. Reyes, The Revised Penal Code, Book II (15th Edition), page 917).

As to your last question, it is the second wife that may have their marriage nullified for being bigamous (Article 35, Family Code of the Philippines). She may do so by filing a petition for the declaration of nullity of their marriage before the Family Court of the province or city where she or your BF has been residing during the course of their bigamous marriage, or in the case of a non-resident respondent, where he may be found in the Philippines, at your election (Section 4, Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, A.M. No. 02-11-10-SC, March 04, 2003).


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
View user profile http://www.chanrobles.com/

10 Re: 2 marriages on Thu Feb 07, 2013 11:31 am

wife to be


Arresto Menor
Now it make sense... thank you however if the second wife has no plan to participate in nullification of the second marriage , is it possible that my BF can make the move to nullify the second marriage?
thank you

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11 Re: 2 marriages on Thu Feb 07, 2013 12:23 pm

aica


Arresto Menor
wife to be, let us clarify things further. Section 2 of the Rules on declaration of the nullity of marriage states that:

a) Who may file. - A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife.

Therefore, either of the spouses may file petition for declaration of absolute nullity of marriage; however, for action of annulment, only the injured party may file the petition. Annulment and nullity are two different animals. A petition for declaration of nullity presupposes that the marriage is void from the beginning (void ab initio). Annulment presupposes that the marriage was valid in the beginning but had to be annulled because of the existence of the grounds under Article 45 of the Family Code. If the case is for annulment, only the injured party may file the petition for annulment.

The second marriage of your boyfriend is void ab initio because of the existence of the first marriage. You said that the first marriage is in the process of annulment. If that is subsequently annulled (the first marriage is the valid subsisting marriage at this time), the second marriage is not validated or legalized. the second marriage remains void ab initio. Following the rules on declaration of the absolute nullity of marriage, your boyfriend may file the petition for declaration of nullity so he can marry you.

However, and I should stress this, a criminal case for bigamy is another matter. The first wife or the second wife may institute a case for bigamy, whether or not the first marriage is annulled. The mere act of contracting a second marriage where a first marriage is still valid and subsisting makes one liable for bigamy. Therefore, if there is a subsequent criminal case for bigamy filed against your boyfriend because of the second marriage (even after the annulment of the first marriage is granted by the court) he may still be penalized.

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12 Re: 2 marriages on Fri Feb 08, 2013 4:11 am

wife to be


Arresto Menor
thank you,"the first marriage is the valid subsisting marriage at this time, the second marriage is not validated or legalized. the second marriage remains void ab initio." Does this means that once the annulment on the first marriage will be approved, the second marriage will be legal automatically after the approval of the annulment of the first marriage?

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13 Re: 2 marriages on Fri Feb 08, 2013 8:53 am

aica


Arresto Menor
No. Once the annulment on the first marriage is granted, the second marriage does not become legal.

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14 Re: 2 marriages Today at 7:50 pm

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