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unregistered Marriage , I don't have the marriage contract

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effortless beauty


Arresto Menor
Hi! I've been married 2005 but a week after the marriage, my husband and I had a big fight. Without my knowledge, kinuha pala nya sa Pastor na nagkasal sa amin ang marriage contract. ang sabi nya daw sya na magpaparegister. Binigay naman ng Pastor (lahat ng copies). Pero di nya pinaregister. Then we parted ways na, we have no children. 4 years later, I got married again (2009) .. ang tanong ko lang, may bisa ba kasal namin ng asawa ko ngayon? kasi di naman nakaregister yung kasal ko noon, at pati yung ex ko may asawa at pamilya narin.. anu pwede mangyare?

Thanks..

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enivid


Arresto Menor
i think invalid ang kasal nyo..i have a friend with the same case..tinago ng girl ung marriage cert at sinadya nyang hindi ito iparegister..kya di naging valid ang kasal nila..pero ang nakakatuwa pagkatapos nilang maghiwalay sila pa rin ang nagkabalikan after so many years na di nagkita..cguro magpapakasal sila uli ngaun at for sure ipaparegister na nila ito kasi napatunayan na nila na mahal talaga nila ang isat isa..Wink

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enivid


Arresto Menor
i mean invalid ang kasal nyo nung una (2005) at valid ung ngaun..good luck;)

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effortless beauty


Arresto Menor
kasi sabi kahit daw walang marriage contract, basta magtestify yung Pastor at may mga pictures proving na may nangyareng kasalan, valid daw yun ...

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enivid


Arresto Menor
but it was not filed and registered..kulang ang evidence..ganyan din friend ko may mga pictures pero nung kumuha sya ng cenomar wlang nakuhang record na ikinasal sya ever..until now single pa din sila pareho..

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tatan1712


Arresto Mayor
effortless beauty wrote:Hi! I've been married 2005 but a week after the marriage, my husband and I had a big fight. Without my knowledge, kinuha pala nya sa Pastor na nagkasal sa amin ang marriage contract. ang sabi nya daw sya na magpaparegister. Binigay naman ng Pastor (lahat ng copies). Pero di nya pinaregister. Then we parted ways na, we have no children. 4 years later, I got married again (2009) .. ang tanong ko lang, may bisa ba kasal namin ng asawa ko ngayon? kasi di naman nakaregister yung kasal ko noon, at pati yung ex ko may asawa at pamilya narin.. anu pwede mangyare?

Thanks..

The Family Code provides:

Art. 2. No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

According to the Supreme Court, the marriage contract is not an essential or formal requisite of marriage without which the marriage will be void. In addtion, the ommission of the solemnizing officer to send a copy of the marriage certificate to the proper civil registrar will not invalidate the marriage.However, the said certificate is the best evidence that a marriage does exist.


Art 349 of Revised Penal Code which states:

Bigamy. -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.

In other words, the elements of this crime are as follows:


1. That the offender has been legally married;

2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;

3. That he contracts a second or subsequent marriage; and

4. That the second or subsequent marriage has all the essential requisites for validity.


Hope the discussion answered your concerns.

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enivid


Arresto Menor
yun nmn pla... thank you po for the reply:)

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luxyme


Arresto Menor
Hi, so does it means
that your marriage is invalid?

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luxyme


Arresto Menor
Sorry i have the same case as yours.

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marlo


Reclusion Perpetua
Marriage is valid imho

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