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falsification of documents

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1 falsification of documents on Fri Feb 22, 2013 9:44 pm


Arresto Menor
Hello po, ask ko lng po kung null and void ang kasal kung mali ang nkasaad n place of ceremony ng kasal sa marriage contract? ( sa office po kasi ng judge sa bahay nla naganap un kasal somewhere in lemery but inilagay po nlang place sa document ay sa municipal office of san pascual... pwede po ba magfile ng nullity of marriage ang isang party using that as a ground? Thank you so mch po

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2 Re: falsification of documents on Fri Feb 22, 2013 9:59 pm


Under the Family Code, a marriage shall be valid if all the essential and formal requisites of marriage are present. Accordingly, your marriage is valid if you and your wife have the legal capacity and have given your consent to the marriage freely. It is also necessary that the solemnizing officer of your marriage has the authority to solemnize marriages, there is an existing marriage license and that a marriage ceremony took place (Article 2 and 3 Family Code).

The declaration of a wrong place of ceremony in the marriage license does not invalidate the marriage. Although misrepresentation constituting fraud may be a ground for the annulment of marriage under Article 46 of the Family Code, the misrepresentation as to your place of ceremony is not one of those mentioned therein. Under the said provision the following are considered as constituting a fraud: non- disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; concealment by the wife of the fact that at the time of marriage, she was pregnant by a man other than her husband; concealment of a sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. Moreover, it provides that no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud that will give grounds for action for the annulment of marriage.

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.
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