Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Is annulment valid after judge disbarred?

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Is annulment valid after judge disbarred? on Sun Jun 16, 2013 4:50 am

Ineedfinality


Arresto Menor
Hello,

I just recently found out from my Filipina separated wife that our marriage had been annulled some time ago. When I finally got the court documents and then did research I found that the judge was disbarred in 2012. The court documents (of which I only have a copy) show a certificate of finality in 2010. The judge was Cader Indar Al Haj, the presiding judge of the Cotabato City Regional Trial Court (RTC) branch 14 and acting Presiding Judge of Shariff Aguak, Maguindanao RTC branch 15. There are many sources such as news websites to show the reports of the disbarring.

How can I find out if my marriage annulment is still valid? The marriage certificate I got from NSO recently does not have an annotation showing the marriage was annulled. The CENOMAR only says it was annulled but gives no details and has a spelling mistake in my ex's name. The marriage certificate that my ex sent me with the court documents does indeed show the annotation with the court details of annulment. This is all confusing and raises doubts. I would rather be single now than have to start a divorce process to be sure before I can marry again. I am a foreigner not living in the Philippines so I can't drop by the courthouse at Cotabato City to personally ask for proof.

Thanks for your time.

View user profile

2 Re: Is annulment valid after judge disbarred? on Sun Jun 16, 2013 5:54 am

AWV


Reclusion Perpetua
It is finalised if it is done in 2010 if the judge was disbarred in 2012. The only possibility it wasn't annotated in NSO is because none of the staff in Cotobato municipal had forwarded it to NSO as yet. This does take some time due to bureaucracy . What you should do is, ask your ex-wife to inform the municipal staff for them to forward a copy of annotated marriage certificate to NSO.

View user profile

3 Re: Is annulment valid after judge disbarred? on Sun Jun 16, 2013 6:56 am

Ineedfinality


Arresto Menor
Ah, that could be the reason. My ex also does not live in the Philippines and has been very uncooperative. I never received any annulment documents and only got a copy of hers when I kept asking for them after being tipped off by a mutual friend that our marriage was annulled long ago. But I will try to ask her to get the municipal staff to forward the annotated MC to NSO, if she knows how to do this from long distance.

Just to be sure, the certified copy of MC she sent me was stamped by NSO at the top left but the annotation at the right edge all the way down does not have a stamp by NSO. Would you expect a stamp/seal by NSO on the right?† If so then this is evidence that the annotated MC has not yet been forwarded to NSO.

Thanks for your help.

View user profile

4 Re: Is annulment valid after judge disbarred? on Tue Jun 18, 2013 3:38 pm

attyLLL


moderator
not sure what your own law says about annulment, but under PH law, one cannot remarry until the fact of annulment is annotated


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: Is annulment valid after judge disbarred? on Wed Sep 10, 2014 9:03 pm

Honesty


Arresto Menor
I have almost the same situation like this,my problem is ,if I can still get a certified true copy of the judgement by the judge

View user profile

6 Re: Is annulment valid after judge disbarred? on Thu Sep 11, 2014 5:10 am

Ineedfinality


Arresto Menor
I never did get all the necessary certified true copies of documents from the judge or courthouse of the judgement, but I did get an uncertified copy from my "ex" of my annotated marriage certificate showing annulment, which I was able to use to scan to send to NSO at https://www.ecensus.com.ph/default.aspx as a requirement for them to send me my own certified copy directly from them. So I am satisfied now the annulment was properly registered everywhere, and in future I would not be committing bigamy.

But as with Honesty, I would still like to have certified true copies of all the documents without having to travel to Philippines personally. Depending on where I get married in future, or in what part of a certain country, I may be asked on the marriage license application under the "have you been married before?" section if the reason was annulment and if so provide all the certified documentation (and NSO alone might not be enough). But if it only asks for reasons of divorce or death then I have been told by a lawyer that I can state that I was never married and move on without the document complications.

View user profile

7 Re: Is annulment valid after judge disbarred? on Thu Sep 11, 2014 3:00 pm

AWV


Reclusion Perpetua
Ineedfinality wrote:I never did get all the necessary certified true copies of documents from the judge or courthouse of the judgement, but I did get an uncertified copy from my "ex" of my annotated marriage certificate showing annulment, which I was able to use to scan to send to NSO at https://www.ecensus.com.ph/default.aspx as a requirement for them to send me my own certified copy directly from them. So I am satisfied now the annulment was properly registered everywhere, and in future I would not be committing bigamy.

But as with Honesty, I would still like to have certified true copies of all the documents without having to travel to Philippines personally. Depending on where I get married in future, or in what part of a certain country, I may be asked on the marriage license application under the "have you been married before?" section if the reason was annulment and if so provide all the certified documentation (and NSO alone might not be enough). But if it only asks for reasons of divorce or death then I have been told by a lawyer that I can state that I was never married and move on without the document complications.

If it has been recorded for recognition at NSO, you have nothing to worry, what you have is more than enough. One of my friend only brought his uncertified document upon marrying one of the Filipina and all they do is verify if he is really annulled/divorce, within 2 weeks of waiting period their marriage license was approved. It's for the municipal to verify the legality of the documents you are presenting. So better not to lie as they do verify it and it will help you in the future to have the legal documents in hand.

View user profile

8 Re: Is annulment valid after judge disbarred? on Fri Jul 10, 2015 3:53 am

Frenchatiena


Arresto Menor
Hello atty!

Im also a victim of the judge who was disbarred in Cotabato, my question is i wanted to get an Certified true copy of my annulement but it was not in the docket list, is my annulement still legal? Because My CEMAR and SECPA IN NSO is already annotated that my wedding is NULL and VOID and im also registired in LCR, please help and advice becuase i need my annulement papers to be Red ribbon in DFA

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum