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Falsification of Petition

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1 Falsification of Petition on Sun Jan 18, 2015 8:33 am


Arresto Menor
Good day. Ask ko lng po kung anu ang mga possible effects sa case if e raise up ko ang falsification na ginawa ng soon to be ex hubby ko at yung notary sa petition for nullity na ifile nila.

My hubby is working abroad and as far as I know either dapat nandito sya sa pilipinas o d kaya napa notarized sa mga Phil. Embassy/ consulate ung petition nya.

But in the petition i receveid naka declare dun na nag affixed sya ng signature dito sa provicial office nubg notary. At ung notary nag declare din na sa presence nya nag sign ung hubby ko but in fact nd sya umuwi sa date na declared sa petition.

I chked his travel record in the immigration at confirmed na wla syang arrival/departure record recently esp sa date in the petition.

What will happened if i will question this on the pre-trial? Or when is the best time to question this? I have no legal counsel yet. Thank u sa sasagot. God bless

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2 Re: Falsification of Petition on Sun Jan 18, 2015 9:23 am

karl rove

Reclusion Perpetua
1. Based on what you stated, since your soon to be ex-husband was not in the country at the time the petition for annulment was filed and notarized, making it inherently impossible for him to verify and certify his petition (meaning, he has caused the preparation, read and understand the contents) it is my belief that the petition for annulment suffered a fatal defect which defect could be questioned at the earliest opportunity at the trial either before or during the pre-trial.

The defect I believe was serious enough for the court to loose jurisdiction to hear, try and resolve the petition.

On the other hand, if you can prove that the notary public conspired with the petitioner in having the petition notarized though he was abroad that time, the notary public could be held administratively liable under the notarization law which could be a ground for the suspension and revocation of his license to notarize.


Atty Karl Rove

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3 Re: Falsification of Petition on Sun Jan 18, 2015 10:33 am


Arresto Menor
Thank you Atty. Karl for your answer.

Follow up po. In your honest opinion to whom can i direct this issue? Sa Clerk of Court upon submitting my answer as respondent o wait nalang ako sa meeting namin sa Fiscals's office?

Mag sasubmit po ako ng answer ko sa petition with my concerns such as custody and support, claim sa conjugal with the help of a law student who is a friend of mine. Wla pa ho akong legal council. So Im thinking should i channel this question thru an atty o pwedeng ako na mismo ang mg question nito?

Thanks again.

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4 Re: Falsification of Petition on Mon Jan 19, 2015 8:34 am

karl rove

Reclusion Perpetua
I replied to your email.

to whom are you going to direct the issue?? to the court itself, by raising the issue at your answer or comment to the petition.

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