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Error in Marriage Contract.

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1 Error in Marriage Contract. on Sun Feb 24, 2013 11:37 am


Arresto Menor
Im married,but i have problem in our Marriage contract kasi mali po ang birth place ng asawa ko sa marriage contract namin,nakaprocess po ang papers namin for US visa malapit na po kami mainterview anu po dapat kung gawin,gaano po katagal kapag pinacorrect ko ang birthplace ng asawa anu po and step pra macorrect ito at san po ako dapat pumunta. help naman po...

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2 Re: Error in Marriage Contract. on Sun Feb 24, 2013 11:48 am


This is a tedious process and long if I may add; this would require weeks or a months, depending on court schedules.

There is an established process, and we must adhere to it.

I am not very sure about the 'deal' with the Birthplace, I had the same issue, but I just told the Consul that I was born in a hospital at that city but we are a resident of a different place. It was totally acceptable.

Like, the Birth Place indicated on my BC is from Ilocos Sur, because I was born in a hospital there, yet we are in fact a resident of Baguio City.

If I may ask, are all his supporting documents shows an entirely different Birth Place?

He should have used the Birthplace on his Birth Certificate.

This is lesson 101, about applying for Visa.

Now, considering that this is your predicament, we have to follow the rules as follows:

Contact a lawyer who will prepare the Petition for Correction of Entry.

Lawyers shall file the Petition in the Regional Trial Court. The fee for filing the Petition in the Regional Trial Court is Php 160.00.

The Petition will be raffled and assigned to a branch of the Regional Trial Court.

The assigned Regional Trial Court shall issue an Order for the publication of its Order in a newspaper of general circulation for three consecutive weeks. Fee for publication varies.

The Order contains the date of the first hearing.

During the first hearing, the lawyer will present compliance of the jurisdictional requirements like publication of the Order in a newspaper of general circulation.

After establishing compliance with jurisdictional requirements, the petitioner will be presented in Court to testify. The Court may assign the Clerk of Court to receive evidence.

During the hearing, it is possible that an oppositor may appear contesting the Petition. If no oppositor appears, the Clerk of Court will receive the petitioner's evidence.

After presentation of evidence, the Court will rule on the Petition.

If the decision is favorable, the Court will order the Office of Civil Registrar to correct the entry in the civil registry document (birth/marriage/death certificate of the petitioner).

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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