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valid or not valid po b kapag di register sa NSO ang MARRIAGE cert.pero meron sila local marriage cert

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dhea


Arresto Menor
Gusto ko lang po itanong?
Maari po bang sabihin n not valid ang kasal ng isang tao kapag di registered sa NSO marriage certificate nila,pero meron po sila local certificate of marriage original and nakakuha sya ng singleness..pero sa mga birth certificate ng anak nya nakalagay married sya possible po b yun..
may balak po kasi yung lalake magpakasal sa iba!pede po b sya magpakasal?ano po b habol nung girl nasa abroad po yung lalake..

salamat Smile

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Endless


Arresto Menor
1. No, the validity of the marriage should not be based on the record of the NSO, but it must be recorded in local civil registrar in place where your residence is. Reason: That is the correct procedure. and not elsewhere.

2. Local certificate of marriage and the data entry in his civil status is Single? how on earth did he do that? Original pa ha...

3. Only the aggrieve spouse can institute an action against his husband who acted in bad faith. kaw ba yung asawa nya? 1st Q : pede po b sya magpakasal? pwde, basta single. pero kung married na sya, eh ndi na talaga ppwede. 2nd Q : ano po b habol nung girl nasa abroad po yung lalake? it depends, anu ba ang gustong mangyari ng babae? property separation? bgyan siya ng support? or what?

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dhea


Arresto Menor
Thanks a lot for the info.
di po ako yun sa pinsan ko nalaman po namin yung asawa nya ay may balak mag asawa s abroad,nalaman nga po namin kaya sya nakakuha ng singleness dahil di naka register s NSO marriage nila pero sa amin lokal ay register po ito,ano po b dapat legal gawin,gusto n rin po ng pinsan ko hiwalayan asawa nya!kung annulment daw po masyado magastos wla sya sapat n pera,divorce naman wla pa sa ating batas,
sustento s anak gusto rin nya habulin pero pede po ba syang mag file nullity ang marriage nila.
salamat po!

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Need-a-lawyer


Arresto Menor
HI,
Meron po akong tanong. Pag ang date of birth ba sa marriage contract ay dinaya valid po ba ang marriage ng 2 tao? Kasi po, minor pa ang babae noong nag paksal sila. SO ang ginawa ng parent ng girl they make her 2 years older.

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attyLLL


moderator
need, the marriage is not valid. the marrying parties have to be of legal age, 18,on the date of the marriage.


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Need-a-lawyer


Arresto Menor
Maraming Salamat po.

Meron pa po akong katanungan.Kasi Nag hiwalay sila noong minor na girl. tapos nag karoon ng new family yong guy at nag ka-anak. SA ibang bansa po sila na nirahan at doon nag ka-anak.
Ngayon po yong wife nag file annulment nasa court na po. Pero She is going to file an adultery doon sa partner noong husband niya. Paano po yon in the first place walang annulment kasi d naman valid ang Kasal. Second po paano haharapin yong case ng adultery?

Thank you po ulit.

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Endless


Arresto Menor
1. Again, AttyLLL has already mentioned that the marriage is not valid, the filing of annulment before the court will not prosper. Reason : HINDI po VALID yung pagpapakasal nila, therefore anu bang paguusapan jan about annulment when in fact that in the first place the marriage is not valid. Not Valid marriage means as if there was no actual marriage happened. Same as ADULTERY will not prosper. It is a prejudicial question. Means the decision will be base as to whether or not there was a valid marriage? IF the court finds the marriage not valid, then the criminal charges wont prosper. (gaya kanina sabi ko.) But if the court finds that the marriage is valid, then magpapatuloy yung kaso isinampa laban syo. (I doubt kung e2 maging decision ng court.)

2. Philippine law are exclusive only within the philippine territory. hihintayin na lng kung kelan sya bblik dito sa pilipinas.

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Need-a-lawyer


Arresto Menor
Salamat po at Sorry. Gusto ko po lang talaga maliwanag ang lahat. Para malaman ko ang aking standing kong sakaling mag harap harap na kami.Kasi po 20 years of pananakut at pag babanta na po kasi ang ginagawa nila sa akin at sa family ko. At a relatives of them txted me na mag iingat ako kong uuwi ako kasi ipapatay daw ako kong hindi nila ako maipakukulong.

Salamat po ulit.

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attyLLL


moderator
need a lawyer, you're the husband who is abroad?


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Need-a-lawyer


Arresto Menor
AttnyLLL,

Hindi po. Ako po yong naging ka Live-in abroad. Foreign National po yong Husband. Actually po yong annulment case complete na daw po(I really don't know when). De ko po alam kong paano yong naging preceding ng annulment. The wife was paid a lot of money and still asking for more. If we don't give them money ASAP they will file the charges using my Children as the evidence. Yon po talaga ang problema ko.

Salamat po ulit.

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attyLLL


moderator
a case of adultery against you will not prosper. it has to be the wife who has sex with a man other than her husband. acts have to be done within philippine territory so that philippine criminal law will apply.


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Need-a-lawyer


Arresto Menor
AttyLLL,

Thanks a lot for your help. Thanks GOD I found this site.. Madaming salamat po talaga.

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Need-a-lawyer


Arresto Menor
AttyLLL,

I have another questions po. I'm going to my province soon. Kong saan din naka tira yong ex wife. Since meron po silang mga banta sa buhay ko. Can I file a police report about it? At ano pong police report ang gagawin ko?

Thanks po ulit.

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attyLLL


moderator
need, i would recommend that you get in and out quietly without their knowing. arrive at night and no big celebrations. stay at a hotel,

are you neighbors? have common friends? don't make your arrival public until you are about to leave (i assume you are going back)

did you personally know the wife?


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Need-a-lawyer


Arresto Menor
AttyLLL,

Hindi po, mag kaibang village kami. Pero we have common friends and yes I know the wife personally. But I'm staying longer than few days. I have a lot to do when I go home.

I really don't what to do.

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attyLLL


moderator
it's better to discuss this with trusted friends and family so you can plan properly.

or is this thing with the husband a big secret which your family doesn't know about? sorry, but this is no longer a legal issue.


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Need-a-lawyer


Arresto Menor
AttyLLL,

Thanks a lot.. everyone is aware about it all sides. Very Happy
So, meaning I cannot file a police report base on their verbal and txt msg treats?

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attyLLL


moderator
it's a question of strategy. filing a police report will help you if something untoward happens and you will file a case, but don't expect the police to provide protection for you.

this is just me, i would prefer a strategy based on stealth. you are in and out without them knowing until it's too late. good luck.


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Vaginatarian


Arresto Menor
Correct me if I am wrong, Criminal case di pede pero Civil case against you pede.

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peeyah


Arresto Menor
need help!i was married 11 years ago,pero nagsama kmi only for 2 months and we seperated,ang pagkakaalam nmin yung marriage contract nmin di naiforward sa NSO,so dahil naghwalay na kmi he married again in 2005,pero nalaman nung gurl at ipinagtapat narin nung ex ko na he was married before with me.pero dahil love nung girl si ex , she tried to get a copy from NSO about the marriage held on 1999 between me and ex,pero di nag appear yung marriage nmin,at nakakuha din ng CENOMAR yung guy kaya nakasal sila at meron narin silang anak at di sila nagkaproblema sa pag rehistro sa anak nila.for me wala narin akong balak mag habol dahil may partner nadin ako at plano na din sana nming magpakasal,nu po ba ang status ko ngaun?alin po ang valid ung kasal nmin o kasal nila?kung mgpapakasal po ba ako ulit di po ba ako mgkakaproblema sa pagkuha ng papaers just in case we will settle down sa ibang bansa?pls,help po....tnx a lot in advance Very Happy

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attyLLL


moderator
peeyah, your question is so familiar! did you post this in any other forum or even here?

i don't know why he was able to get a cenomar. is his name correct on the marriage certificate?

are you able to get a marriage certificate from nso? actually even if not, but there was a valid marriage license then your marriage is valid.

if you contract another marriage, you may be made liable for bigamy as is your husband.


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cross


Arresto Menor
Hello Atty. I have a question which I think is closely related to the previous ones above. I got married in a county in the States with my husband who is a permanent resident there. I got back here in the Philippines to study. My marriage is not registered here in the Philippines nor did he have it registered in any embassy or consul there. The only institutions which have copies of my marriage certificate is the school I am now enrolled in and the previous school which I graduated in. We're now broken up and he is planning to get a divorce in the States. Now I want to have my last name changed back to my maiden name. I can get a certificate of no marriage from the NSO since my marriage is not registered. That's what I would present to the school and affidavit of single status and get the marriage certificate I presented. Would all of these measures be valid or am I committing fraud? Please help me. Thanks.

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attyLLL


moderator
cross, this is a by the book answer. your marriage is valid regardless of whether it was registered or reported. registration in the nso is not the basis whether a marriage exists, it is just evidence that it does. a marriage celebrated outside of the philippines is valid.

nevertheless, fruad requires a fraudulent intent. by providing a cenomar to retrieve the marriage certificate, i do not see this as an act punishable by law unless there is a fraudulent intent to cause damage.

however, if you place single on a public document, and it is material, then there is falsification.

foreign marriages and divorce are quite tricky. your husband has to be an alien and be the one to acquire the divorce. it is not automatically recognized here but requires you to have the fact of divorce proven in court.

the not so by the book answer is if you are able to retrieve your marriage certificates then there is no longer any evidence here of your previous marriage.


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cross


Arresto Menor
Thank you so much Atty for answering my query. I have another question po sana to the not book based answer, hehe. To be able to retrieve it, what reason can I give the school registrar for them to let me retrieve it. Would presenting a Cenomar suffice despite the fact that I wrote in the application form when I applied that I am married? I actually asked, and they said they want me to present a letter or an affidavit stating the reason why I am retrieving it. This I cannot find an answer to. Sad

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attyLLL


moderator
to conform with the with records of the NSO which, based on the CENOMAR, states you are not married. don't know if they'll buy it, good luck.


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