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NEED ADVICE. Annulment from fraud

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1 NEED ADVICE. Annulment from fraud on Tue Jul 15, 2014 3:01 am

abigail03


Arresto Menor
Ang sabi ho sa Executive Order No. 209 (The Family Code of the Philippines), pwedeng maannull ang marriage kapag ito ay nangyari lamang dahil sa fraud.

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:

(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;

Ito po ang aking mga katanungan:

1. Ngayon based sa mga nabanggit na articles sa executive order sa itaas, kakayanin pa po ngayong 2014 isulong ang pagdidisown sa bata kung 2009 nalaman ng guy na hndi sya ang tatay? 2008 kasi napanganak ung bata. At may ibang lawyers kami nakausap online na 2 yrs lang daw ang deadline. Ano po ba talaga?
2. Paano po ang proseso nito kung kakayanin nga po both iannul at idisown ung bata ngayong year?
3. As long as maisampa po ang annulment case sa korte ngaung year, kahit hindi fully paid, may tsansa pa rin po ba na maging "kill two birds with one stone" ang mangyayari? Meaning both successfull maannull at madisown ung bata kahit tumagal ang proseso at abutin ng years?
4. Or kung hindi, ano po stage ng annulment case dapat maabot ng complainant this year para successfully madisown ung bata? Paano kung may delay at umabot na ng 2015?

Sana po ay matulungan nyo kami..

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2 Re: NEED ADVICE. Annulment from fraud on Sun Jul 20, 2014 10:57 am

attyesc


Reclusion Temporal
“Art. 170.  The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad.  If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery  or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier.

Lampas ka na ba sa period na itinakda ng batas? Magfile ka na lang ng special proceeding under rule 108, correction of entries in birth certificate. Lawyer mo na ang bahala dyan.

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3 Re: NEED ADVICE. Annulment from fraud on Fri Jul 25, 2014 5:33 am

Josephgar0114


Arresto Menor
Hi atty can u pm me p,ease

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