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URGENT : Fixed Marriage - No ceremony took place

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victoriaroldan


Arresto Menor
Hey.. I'm so glad I found this site.. I hope I could get a response ASAP. I have a live in partner and we are planning to get married. Before we live together,he told me about his ex girlfriend that he got pregnant, but they are not married. Lately, he asked me to deposit into his ex's bank account the money as a support to his child. (He used to send her every payday) I found out that the girl is carrying his surname. When I asked him, he told me that he asked someone before to provide him a marriage contract with his ex as his wife. He is in some distant island so they communicated thru email. The "fixer" just asked for their birth certificate and ID. Weeks or maybe monthx later, the contract was already mailed to them. There is no ceremony that actually took place. Accdg to the contract tge marriage was solemnized on March 11, 2010 at Quezon city but on that date he was actually on the island where he worked. They thought the marriage was fake but later, accdg to the girl (I got to talk to her) she was shocked when there is a record of their marriage and and she was noy given cert of no marriage. How can thst possibly be? Is the marriage valid? Please help me with this. Thank you so much in advance.

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victoriaroldan


Arresto Menor
Why am i not receiving any reply? I'm starting to get disappointed. Please guys.. anybody there??

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busty


Arresto Menor
the answer is no!!!! the marriage certficate stands...

you have to file a civil case of declaration of nullity of marriage on the ground of the marriage in VOID AB INITIO or Void in the begining for no marriage ceremony take palce or absent of formal requisite in marriage under the family code Art. 3

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busty


Arresto Menor
marriage certificate is a public document thus there is a presumption of its validity.... question it under Art. 3 of the Familycode to get the declaration of nullity of marriage. farao farao

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victoriaroldan


Arresto Menor
Thanks. But can the fixer be sued? If yes, what case?

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SumEr


Arresto Menor
Sir, we are in the same situation. My partner and I was about to get married when he received his Cenomar with record of marriage. He said it was a fixed marriage and that they are both not present in place of marriage and that they never signed any document for marriage. The purpose of fix marriage is to be able to travel abroad as couple.

If in Article 3 says:
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.


Then the marriage is not valid? How to delete it in NSO? How can he get cleared record of Cenomar?

Please advice. TIA

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concepab


Reclusion Perpetua
victoriaroldan wrote:Hey.. I'm so glad I found this site.. I hope I could get a response ASAP. I have a live in partner and we are planning to get married. Before we live together,he told me about his ex girlfriend that he got pregnant, but they are not married. Lately, he asked me to deposit into his ex's bank account the money as a support to his child. (He used to send her every payday) I found out that the girl is carrying his surname. When I asked him, he told me that he asked someone before to provide him a marriage contract with his ex as his wife. He is in some distant island so they communicated thru email. The "fixer" just asked for their birth certificate and ID. Weeks or maybe monthx later, the contract was already mailed to them. There is no ceremony that actually took place. Accdg to the contract tge marriage was solemnized on March 11, 2010 at Quezon city but on that date he was actually on the island where he worked. They thought the marriage was fake but later, accdg to the girl (I got to talk to her) she was shocked when there is a record of their marriage and and she was noy given cert of no marriage. How can thst possibly be? Is the marriage valid? Please help me with this. Thank you so much in advance.

if it is registered, then it is valid.

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concepab


Reclusion Perpetua
victoriaroldan wrote:Thanks. But can the fixer be sued? If yes, what case?

Why? they are for help and now they will sue the person who helped them?

At ano ba ang gusto nila mang-yari, mapa-walang bisa ang kasal or idemanda ang tao na tumlong sa kanila?

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concepab


Reclusion Perpetua
SumEr wrote:Sir, we are in the same situation. My partner and I was about to get married when he received his Cenomar with record of marriage. He said it was a fixed marriage and that they are both not present in place of marriage and that they never signed any document for marriage. The purpose of fix marriage is to be able to travel abroad as couple.

If in Article 3 says:
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.


Then the marriage is not valid? How to delete it in NSO? How can he get cleared record of Cenomar?

Please advice. TIA

If it is registered, it is valid. file a petition asking the court to declare it void.

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busty


Arresto Menor
victoriaroldan wrote:Thanks. But can the fixer be sued? If yes, what case?

yes it can? Falsification of Public Document.

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Katrina288


Reclusion Perpetua
May I just correct that the marriage is NOT valid. It is VOID AB INITIO or VOID from the very beginning because the parties were not present at the time of the wedding and no marriage ceremony took place.

But as a rule, it is not the parties to the marriage to declare their marriage as void so either of them should file a petition in the court to declare the marriage void.

- Atty. Katrina



Last edited by Katrina288 on Wed Oct 29, 2014 12:32 pm; edited 1 time in total

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Katrina288


Reclusion Perpetua
And yes it is a falsification. But if they sue the fixer, the parties to the marriage may be sued also if nag participate sila.

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concepab


Reclusion Perpetua
Katrina288 wrote:And yes it is a falsification. But if they sue the fixer, the parties to the marriage may be sued also if nag participate sila.

Exactly. they are trying to get away from their previous mistakes by using the person who "helped" them as a escape goat is so absurd.

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keis


Arresto Mayor
what if po yung mismong mag bf gf ang pumunta sa city hall... may fixer din po si8lang kinausap, para mabigyan sila ng mariage contract,, walang witnesses na kasama.. silang dalawa lang, age 23 and 22..

pumirma lang po,, VOID AB INITIO din po ba ang tawag sa ganitong scenario,,,

My nakuha na po sa CENOMAR, at nakaregistered po,

I presume valid po ito, since naka register..

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Katrina288


Reclusion Perpetua
keis wrote:what if po yung mismong mag bf gf ang pumunta sa city hall... may fixer din po si8lang kinausap, para mabigyan sila ng mariage contract,, walang witnesses na kasama.. silang dalawa lang, age 23 and 22..

pumirma lang po,,  VOID AB INITIO din po ba ang tawag sa ganitong scenario,,,

My nakuha na po sa CENOMAR, at nakaregistered po,

I presume valid po ito, since naka  register..

As I stated in my reply before, pag walang "personal declaration that you take each other as husband and wife" and wala din wedding ceremony, VOID AB INITIO yun. But, you are not in the proper position to declare it by yourself. Kung kaya, kailngan ninyo pumunta sa korte para ipa-declare yun na VOID. Siyempre nakaregister sa NSO kasi pinarehistro ninyo para makakuha kayo ng visa di ba?

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keis


Arresto Mayor
Atty. nagpakasal po sila kasi yung apelyido ng bata ay sa nanay kung hindi sila magpapakasal.. isa po kasi sila dun sa NO MARIAGE CONTRACT = ILLEGITIMATE CHILD way back 2006 kaya sobrang minadali nila yung kasal. para maipangaln sa papa yung apelyido ng bata,.,, pero po pumunta sila sa munisipyo at walang witnesses ano po ang dapat ifile??? voidable married po ba yung ganito o yung sinasabi mo po na VOID AB INITIO.. sensya na po.. if oo, pwede na po kami mag file ng petition of nuliity...thanks po.,, Sad

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Katrina288


Reclusion Perpetua
keis wrote:Atty. nagpakasal po sila kasi yung apelyido ng bata ay sa nanay kung hindi sila magpapakasal.. isa po kasi sila dun sa NO MARIAGE CONTRACT = ILLEGITIMATE CHILD way back 2006 kaya sobrang minadali nila yung kasal. para maipangaln sa papa yung apelyido ng bata,.,, pero po pumunta sila sa munisipyo at walang witnesses ano po ang dapat ifile??? voidable married po ba yung ganito o yung sinasabi mo po na VOID AB INITIO.. sensya na po.. if oo, pwede na po kami mag file ng petition of nuliity...thanks po.,, Sad

Hi, petition for declaration of nullity of marriage yung dapat kung wala gang marriage ceremony.

Should you need legal assistance, please PM me.
Atty Katrina

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excelsa filio


Arresto Menor
Katrina288 wrote:
keis wrote:what if po yung mismong mag bf gf ang pumunta sa city hall... may fixer din po si8lang kinausap, para mabigyan sila ng mariage contract,, walang witnesses na kasama.. silang dalawa lang, age 23 and 22..

pumirma lang po,,  VOID AB INITIO din po ba ang tawag sa ganitong scenario,,,

My nakuha na po sa CENOMAR, at nakaregistered po,

I presume valid po ito, since naka  register..

As I stated in my reply before, pag walang "personal declaration that you take each other as husband and wife" and wala din wedding ceremony, VOID AB INITIO yun. But, you are not in the
proper position to declare it by yourself. Kung kaya, kailngan ninyo pumunta sa korte para ipa-declare yun na VOID. Siyempre nakaregister sa NSO kasi pinarehistro ninyo para makakuha kayo ng visa di ba?

Hi, this is my first time in this forum, my case is similar to the above. My civil marriage with my ex husband was done with us signing the contract at different hours of the day of the wedding. I didn't get to see the solemnizing authority or any witnesses. The marriage was registered at the NSO. As I learned from the discussion above, it is VOID AB INITIO. But we had a subsequent church wedding after a few months of the civil wedding and I found out that it was not registered at the NSO. Please help me. I need legal advise because I want to file a legal separation or annulment. We are already physically separated for almost 7 years now. Thank you very much for any help I can get.

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Katrina288


Reclusion Perpetua
excelsa filio wrote:
Katrina288 wrote:
keis wrote:what if po yung mismong mag bf gf ang pumunta sa city hall... may fixer din po si8lang kinausap, para mabigyan sila ng mariage contract,, walang witnesses na kasama.. silang dalawa lang, age 23 and 22..

pumirma lang po,,  VOID AB INITIO din po ba ang tawag sa ganitong scenario,,,

My nakuha na po sa CENOMAR, at nakaregistered po,

I presume valid po ito, since naka  register..

As I stated in my reply before, pag walang "personal declaration that you take each other as husband and wife" and wala din wedding ceremony, VOID AB INITIO yun. But, you are not in the
proper position to declare it by yourself. Kung kaya, kailngan ninyo pumunta sa korte para ipa-declare yun na VOID. Siyempre nakaregister sa NSO kasi pinarehistro ninyo para makakuha kayo ng visa di ba?

Hi, this is my first time in this forum, my case is similar to the above. My civil marriage with my ex husband was done with us signing the contract at different hours of the day of the wedding. I didn't get to see the solemnizing authority or any witnesses. The marriage was registered at the NSO. As I learned from the discussion above, it is VOID AB INITIO. But we had a subsequent church wedding after a few months of the civil wedding and I found out that it was not registered at the NSO. Please help me. I need legal advise because I want to file a legal separation or annulment. We are already physically separated for almost 7 years now. Thank you very much for any help I can get.

Hi, if it's only the civil wedding, your marriage is void ab initio. Considering that you were married in the church later on, the marriage is valid although not registered sa NSO yung church wedding.

Please PM me, for more info.
Atty. Katrina

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Aicka


Arresto Menor
Hi Atty. It helps us a lot sa legal advice mo..Hindi po into under annulment di ba??so less gastos??how much po kaya ang magagastos dito and gaano po into katagal iprocess?pls advice thanks

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Aicka


Arresto Menor
How to process this?

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