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I'm a victim of fraud annullment

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1 I'm a victim of fraud annullment on Sat Feb 19, 2011 10:35 am

meblue


Arresto Menor
Hi, I'm a victim of fraud annullment. I'm a OFW, since 2005 until now. I am married but when my husband died I found out that my marraige was annulled since Oct 24, 2005. My late husband filed the petition in Sept 20,2005 and the judge did a final decision in a little more than a month, without me knowing, and without trial.

The judge who did the final decision of my annullment was suspended by the supreme court last May 5,2010 because "The Supreme Court found that Judge Cadir Indar of the Cotabato City Regional Trial Court Branch 14 issued the marriage annulment decisions without existing records, which could mean that these did not go through any trial." here's the link of that news http://newsinfo.inquirer.net/breakingnews/regions/view/20100505-268281/Judge-suspended-for-dubious-marriage-annulments

As far as I'm concern, I am one of his victim. I want to file a complain about it but I don't know how. I also want to know if I can still file an appeal in CA because the RTC judge had a final decision for more than 5 years now. Please help me, I really need advice about this matter. Thanks in advance.

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2 Re: I'm a victim of fraud annullment on Sat Feb 19, 2011 10:48 am

attyLLL


moderator
you want to file a complaint against whom? for damages?

you want the decision reversed and want your marriage reinstated even if your husband is dead? are there properties at stake here?


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3 Re: I'm a victim of fraud annullment on Sat Feb 19, 2011 11:00 am

meblue


Arresto Menor
I don't want to file a complaint against the judge. I just want the decision reversed and want my marriage reinstated even if my husband is dead. Yes, there are some properties and one property was in my name but my late husband's sister took it because she said my late husband and I are already annuled.

attyLLL wrote:you want to file a complaint against whom? for damages?

you want the decision reversed and want your marriage reinstated even if your husband is dead? are there properties at stake here?

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4 Re: I'm a victim of fraud annullment on Sat Feb 19, 2011 11:33 am

attyLLL


moderator
Your remedy would be to file a petition in the Court of Appeals to annul the decision. I recommend you approach the office of the solicitor general first to see if they'll help you.


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5 Re: I'm a victim of fraud annullment on Sun Feb 20, 2011 3:39 am

meblue


Arresto Menor
Thanks for the quick reply Sir. I have a follow up question. The RTC judge had final decision of my annulment for more than 5 years now. Am I still qualified to file a petition in the Court of Appeals to annul the decision? Is there a certain period of time, or a time limit/expiration date to file a petition in the Court of Appeals from the date that the RTC judge had the final decision? My time limit was not expired yet?

One more thing, I am out of the country working right now, I just signed a 2 years contract. Can I file an appeal even though I am out of the country? I'll appreciate any advice. Thank you.

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6 Re: I'm a victim of fraud annullment on Mon Feb 21, 2011 7:51 pm

attyLLL


moderator
technically it is fifteen days from receipt of the decision, but this decision is probably a complete nullity.

In my opinion, you can indeed sign the petition there and swear upon it at the philippine consulate or embassy, then filed here.

wait, when and how did you find out that your marriage was annulled?


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7 Re: I'm a victim of fraud annullment on Tue Feb 22, 2011 9:57 am

meblue


Arresto Menor
My friend told me last Jan 20,2011, that my husband died last Dec,29 2010. His brothers and sisters hide it from me because they want to get my husband's properties. I also find out that my marriage was annulled when I ordered the NSO copy of our marriage contract because I need it for his SSS, and I noticed the remarks on it. I asked my relatives to go to Cotabato City to check about the annulment. The only record in court, my late husband filed last Sept 20, 2005 and the RTC judge gave the decision on Oct 24, 2005.

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8 Re: I'm a victim of fraud annullment on Tue Feb 22, 2011 2:41 pm

attyLLL


moderator
So what records did your relatives find at the court? Did the court issue a list of affected decisions?


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9 Re: I'm a victim of fraud annullment on Fri Feb 25, 2011 9:34 pm

meblue


Arresto Menor
The people working on that said court are not nice. They said I'll get a copy myself. They won't realease records to my relatives. They just told my relatives some information about my annulment. But the remarks on my marriage contract says" Pursuant to the judgement dated October 24, 2005 Reendered by Judge______ under civil case NO.__ The marriage between ______ & ______ is hereby declared null and void.

The grounds for annulment of my marriage, psychological incapacity. The records said I was psychologically incapacitated to comply with the essential marital obligations of marriage. That's the only information that my relatives got.

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10 Re: I'm a victim of fraud annullment on Sat Feb 26, 2011 6:10 pm

attyLLL


moderator
Looks like the judge was just suspended pending investigation. that's why the court personnel are not being helpful.

If you need more information, you may contact me at attylllaw@gmail.com


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11 Re: I'm a victim of fraud annullment on Sun Mar 27, 2011 1:03 am

meblue


Arresto Menor
Thank you so much for the quick reply and good advice I really appreciate it.... Very Happy

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