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Is Annulment Complete?

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1 Is Annulment Complete? on Sun Aug 25, 2013 12:43 pm

dany18


Arresto Menor
Hi,

I would just like to get legal opinions of whether my parent's annulment was complete.

My parents were married 1981. My mother filed for an annulment and the court decision was given on 1998. I know there are steps to be done after the decision to complete the process. My mother has just filed the court decision to the local civil registrar. According to her she received a certificate of registration and that’s it. She wasn’t given any advise as to what further steps she needed to do. According to her, she doesn't remember any other document apart from those two.

Researching the census website now, it says there that after getting the certificate of registration, she has to secure certification of finality from the court which rendered the decree, get the MC with annotation from local civil registrar, and file in NSO. All of these latter steps she wasn’t able to do.

As a matter of fact, we got an NSO copy last year (2012) of their MC and there was no annotation.

My father got married to his long time live-in mistress on 2007. My father died 2011.

My questions are:
- Is the annulment process of my parents complete?
- Is my father’s second marriage valid?
- Can the mistress do the steps that my mother did not do to complete it (because she did!)? Note that she initiated completion of the annulment this year, 2013. My father died 2011. The 2013 NSO copy of MC shows an annotation dated 2013. (big question is how did this happen)

Thank you and God bless.

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2 Re: Is Annulment Complete? on Mon Aug 26, 2013 8:36 pm

attyLLL


moderator
the court proceedings appear to be complete, but annotation is required.

no, his marriage is void, because he can do so only after annotation

yes, technically, anyone can process the annotation.


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3 Re: Is Annulment Complete? on Tue Aug 27, 2013 1:38 pm

dany18


Arresto Menor
Thank you Atty this clears up a lot.

My father left the following properties:
Two properties transferred to his name 1997. This is through a donation from my grandmother. Said properties were not included in the annulement papers that were to be partitioned (my mother was not aware). He was married in the title. My mother's name appears on the title.

Two properties acquired through a sale, one was 2000, another 2002. He was single in these titles.

Here are the questions -
Is my mother entitled to any of these as heir?
Assuming the marriage of my parents are still valid, are there any property that could be considered "conjugal"? I understand that gratuitous properties can not be part of this. How about those from sale?

I understand that the second wife should not have any claims on these since their marriage is void.

Thank you again and God bless.



Last edited by dany18 on Thu Aug 29, 2013 10:43 pm; edited 1 time in total (Reason for editing : correct typo)

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4 Re: Is Annulment Complete? on Thu Aug 29, 2013 10:39 pm

dany18


Arresto Menor
Hi good day Atty,

Follow up lang po on my questions in this post. Hoping someone could help clarify things for us as the second family wants to get more than what they're entitled to.

Thank you and God bless.



Last edited by dany18 on Thu Aug 29, 2013 10:46 pm; edited 1 time in total (Reason for editing : correct typo)

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