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How to check my annulment case

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1 How to check my annulment case on Mon Aug 30, 2010 1:07 am

needtoask


Arresto Menor
hi, i already have an annulment case and it was supposed to be for decision. wala na akong pangbayad sa lawyer for this additional service so i need to check the status on my own. how do i do this, who do i talk to and will they entertain me? and if the decision is annulled, what do i do next to get my name back to my maiden name? ano ang costs involved to get back to my maiden name? thank you.

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2 Re: How to check my annulment case on Mon Aug 30, 2010 3:40 am

sunshine


Arresto Menor
what RTO is this in?

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3 Re: How to check my annulment case on Mon Aug 30, 2010 5:10 pm

attyLLL


moderator
go to the court staff room. give them the case title and number and that you are a party to the case. they should inform you whether there is any development. good luck.


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4 Re: How to check my annulment case on Tue Aug 31, 2010 3:02 am

needtoask


Arresto Menor
thank you, i'll update you of the status.

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5 Re: How to check my annulment case on Sat Sep 18, 2010 5:00 pm

needtoask


Arresto Menor
Thank you for the advice. it worked. I went there and got a copy of the letter with the title "decicion" which was also mailed to me after i got the copy from them.

It says "wherefore, finding the above captioned petition meritous, the same is hereby granted. judgement is hereny rendered declaring null and void ab initio the marruage between the spouses xxxxx ans xxxx celebrated xxxxx. custody of minor xxxxxx is awarded tp xxxxx with liberal visitation rights given to respondednt."

"after the decisin shall have become final and executory, let a decree of annulment be issued considering that there were no properties involved therein.

"let coppies of this Decision be furnished to the Solicitor General , the office of the Ciuty Prosecutor od xxx city and the Office of the Local Civiil Registrar of xxxxx city and xxxx cityu.

"Considering that the Summons was served upon the respondent thru publication, let a copy of the decision be published one in the newspaper of general circulation"

"So ordered"
"August 27 2010"


----> does this mean it is now over and i can take this letter to the DFA and have my passport changed back to my maiden name? what's the next step so I can have my name back to the original name? or do i need to publish first in a neews paper before going to the DFA? thnaks, my appointment is Sept 21 kasi.

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6 Re: How to check my annulment case on Sat Sep 18, 2010 5:30 pm

needtoask


Arresto Menor
---> additional question, how long does it take to get the annotation on my NSO? i'm not sure if the decision i got is the final one or if i need to wait or perform other actions to finalize? thanks again

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7 Re: How to check my annulment case on Sat Sep 18, 2010 6:16 pm

attyLLL


moderator
do you really have to go DIY on this? i still recommend you get a lawyer to attend to this to make sure.

As a woman, you can use your maiden name now even if you are married. whatever name you use to get a passport, they may disagree to change it later on.

here are the applicable rules:

SEC. 19. Decision.- (1) If the court renders a decision granting the petition, it shall declare therein that the decree of absolute nullity or decree of annulment shall be issued by the court only after compliance with Articles 50 and 51 of the Family Code as implemented under the Rule on Liquidation, Partition and Distribution of Properties.

(2) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or by registered mail. If the respondent summoned by publication failed to appear in the action, the dispositive part of the decision shall be published once in a newspaper of general circulation.

(3) The decision becomes final upon the expiration of fifteen days from notice to the parties. Entry of judgment shall be made if no motion for reconsideration or new trial, or appeal is filed by any of the parties, the public prosecutor, or the Solicitor General.

(4) Upon the finality of the decision, the court shall forthwith issue the corresponding decree if the parties have no properties.

If the parties have properties, the court shall observe the procedure prescribed in Section 21 of this Rule.

The entry of judgment shall be registered in the Civil Registry where the marriage was recorded and in the Civil Registry where the Family Court granting the petition for declaration of absolute nullity or annulment of marriage is located.

SEC. 20. Appeal.-

(1) Pre-condition.- No appeal from the decision shall be allowed unless the appellant has filed a motion for reconsideration or new trial within fifteen days from notice of judgment.

(2) Notice of appeal.- An aggrieved party or the Solicitor General may appeal from the decision by filing a Notice of Appeal within fifteen days from notice of denial of the motion for reconsideration or new trial. The appellant shall serve a copy of the notice of appeal on the adverse parties.

SEC. 21. Liquidation, partition and distribution, custody, support of common children and delivery of their presumptive legitimes.- Upon entry of the judgment granting the petition, or, in case of appeal, upon receipt of the entry of judgment of the appellate court granting the petition, the Family Court, on motion of either party, shall proceed with the liquidation, partition and distribution of the properties of the spouses, including custody, support of common children and delivery of their presumptive legitimes pursuant to Articles 50 and 51 of the Family Code unless such matters had been adjudicated in previous judicial proceedings.

SEC. 22. Issuance of Decree of Declaration of Absolute Nullity or Annulment of Marriage.- (a) The court shall issue the Decree after:

(1) Registration of the entry of judgment granting the petition for declaration of nullity or annulment of marriage in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the Family Court is located;

(2) Registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located; and

(3) The delivery of the childrenís presumptive legitimes in cash, property, or sound securities.

(b) The court shall quote in the Decree the dispositive portion of the judgment entered and attach to the Decree the approved deed of partition.

Except in the case of children under Articles 36 and 53 of the Family Code, the court shall order the Local Civil Registrar to issue an amended birth certificate indicating the new civil status of the children affected.

SEC. 23. Registration and publication of the decree; decree as best evidence.- (a) The prevailing party shall cause the registration of the Decree in the Civil Registry where the marriage was registered, the Civil Registry of the place where the Family Court is situated, and in the National Census and Statistics Office. He shall report to the court compliance with this requirement within thirty days from receipt of the copy of the Decree.

(b) In case service of summons was made by publication, the parties shall cause the publication of the Decree once in a newspaper of general circulation.

(c) The registered Decree shall be the best evidence to prove the declaration of absolute nullity or annulment of marriage and shall serve as notice to third persons concerning the properties of petitioner and respondent as well as the properties or presumptive legitimes delivered to their common children.


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8 Re: How to check my annulment case on Mon Sep 20, 2010 12:08 am

needtoask


Arresto Menor
thank you for making the answers clear to me. i am now not inancially able to gget the services of my original lawyer so i thought it could be DIY thing since its at the last stages.

about the passport, i already used my married name and want to revert to my maiden name. in that case, will the copy of the decision suffice in having it changed?

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9 Re: How to check my annulment case on Mon Sep 20, 2010 12:12 am

attyLLL


moderator
my guess is that dfa will want the case to reach finality first. the decision is not final if the Office of the Solicitor General files an appeal, and you still have to post that 30 day notice.


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10 Re: How to check my annulment case on Tue Sep 21, 2010 12:58 am

needtoask


Arresto Menor
thanks, how long does it take for the Sol Gen to reply and is the 30 day notice pertaining to the newspaper publication?

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11 Re: How to check my annulment case on Tue Sep 21, 2010 1:07 pm

attyLLL


moderator
OSG has 15 days from their receipt of the decision to file a Motion for Reconsideration. 30 days is regarding the publication.


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12 Re: How to check my annulment case on Thu Sep 23, 2010 2:35 am

needtoask


Arresto Menor
Great! Thanks.

I think a have a new problem coz the letter says rendered null and void ab the marriage ....

but later on it says "decree of annulment" ...

,,, isn't that two different things? one is for a vois marriage and one is for a voidable one?

So is the decision wrong and therefore cannot be executable?

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13 Re: How to check my annulment case on Sun Sep 26, 2010 9:26 am

attyLLL


moderator
even judges mix it up between voidable and void ab initio. i myself get tired of explaining the difference. the distinctions do not affect the decision. celebrate your singlehood.


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14 Re: How to check my annulment case on Thu Feb 20, 2014 1:59 pm

koolz


Arresto Menor
attyLLL wrote:my guess is that dfa will want the case to reach finality first. the decision is not final if the Office of the Solicitor General files an appeal, and you still have to post that 30 day notice.


I'm thinking if eventhough an annulment case has been appealled by the OSG then reached the finality of decision aftrewards could be still petition and be subject for judicial review? For as we know there could still be some err in reaching the finality of decision due to crap practices in most annulment cases (brought by the package-no appearance scheme initiated by lawyers,etc. to his client, and even up to the OSG some of its personnel are benefitting to this crap.

If still it could be petition how,where, and when it could be done.

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15 Re: How to check my annulment case on Tue Feb 25, 2014 6:32 pm

attyLLL


moderator
by filing a petition at the court of appeals within 6 months of learning about the decision.


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