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Identity stolen for marriage

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1 Identity stolen for marriage on Sun Apr 29, 2018 12:59 pm

Sap_guy


Arresto Menor
Kumuha po ako ng cenomar last Wednesday pra po sa marriage license. It appears na kinasal po ako ng Feb 2, 2007 to someone I don't know. May nagpayo po sakin na kumuha ng copy nung marriage certificate. It shows na nakuha po lahat ng information ko. Ang di lang nagaya is yung pirma ko. Ayon sa marriage certifcate, nangyari ang kasal sa residence nung kinasal at ginawa ung kasal with no marriage license involve stating na they followed the article 34 of executive order 209. Ano po kaya ang pinakamagandang gawin to dispute that and to clear that record. Lahat ng IDs ko can justify my signature prior 2007 up to now. Thanks.

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2 Re: Identity stolen for marriage on Sun Apr 29, 2018 4:21 pm

xtianjames


Reclusion Perpetua
Unfortunately, you would have to file a case in court para patunayan na hindi ikaw yun kinasal. kakailanganin mo kumuha ng abogado for this.

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3 Re: Identity stolen for marriage on Sun Apr 29, 2018 6:35 pm

Sap_guy


Arresto Menor
Thank you atty.
I was able to trace the alleged wife in Facebook and she is currently residing in London and I was able to verify from her that she was married to a different man who apparently used her as well for financial support. Can I ask her an affidavit that the marriage was dubious?

I am planning to go to NBI tomorrow to report this and to hunt the man as I have identified the culprit who also used my name getting a passport back in 2006. Mag pablotter (not sure kung magsampa din ng separate case) na po ako or identity theft.

Dun naman po sa dubious marrige, should I file the case from where I live or where the marriage happened? Thank you for the advice.

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4 Re: Identity stolen for marriage on Sun Apr 29, 2018 7:14 pm

xtianjames


Reclusion Perpetua
Yes you can use the testimony of the wife to confirm that the man she married is not you but the court will require her to attend court to verify her testimony.

regarding identity theft case, hiwalay na kaso ito since IMHO, the culprit maybe criminally liable.

you should file your nullity case where you are residing.

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5 Re: Identity stolen for marriage on Sun Apr 29, 2018 10:28 pm

Sap_guy


Arresto Menor
Thank you atty.
That's very helpful. I will start taking some actions and may ask for additional advice while trying to resolve this. Many thanks.

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6 Re: Identity stolen for marriage on Mon Apr 30, 2018 9:12 pm

attyLLL


moderator
your original objective was to get a marriage license. i recommend you do indeed file a complaint at the nbi for identity theft based on Data Privacy Act, get an affidavit from the supposed wife which was notarized at the PH embassy, and insist on getting a marriage license. these will protect you from a case of bigamy.

in my opinion, you cannot file a petition for nullity because you will claim you are not the person who was married


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7 Re: Identity stolen for marriage Yesterday at 10:11 am

Sap_guy


Arresto Menor
Dear attorneys,
I have gone to several steps but seems futile. I went to the nbi to file a complaint but they could not do it since I do not have the address of the alleged culprit who used my information. Another problem is the female who was involved with the marriage no longer wants to cooperate as she blocked me through FB . Her only option is to contact someone from nso to delete the records which I think is not approriate or illegal and no assurance of getting it resolved. My only proof is the screenshot of our conversation. I think she no longer wants to cooperate as she is already living in UK and it appears that she does not want to shoulder too much expenses if she were to file a nullity due to fraud. I am planning to file the nullity but it seems that the signature disparity is not enough for the court to decide. Although I can provide that all my legal IDs shows what my signature is including the passport I have obtained in February 23,2007 when the alleged marriage happened in the same month (Feb 2, 2007). In addition, prior to getting a passport back in Dec 2006, the same culprit was able to obtain it using my name therefore he has used my identity for 2 intances as far as I am aware. It just that I found that my name was used for marraige after getting a cenomar few weeks ago that my name have been married for 11yrs. The DFA already rectified it an granted me a passport after a long process.
I dont have any idea who are all these people involve but for the one who used my name whereas I do not have any info as to where he is now. The last option for me I think is to trace the solemnizing officer to testify that I was not a party on that marriage. I have found the solemnizing officer information after I have verified it from PSA. Can I also use my case that i had been a victim of identity theft prior to this fake marriage. I still have my affidavit ofd denial that I have submitted to the DFA back in 2006. Please advise, thanks!

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8 Re: Identity stolen for marriage Yesterday at 10:56 am

Sap_guy


Arresto Menor
I also read an article where "provided under Rule 108 of the Rules of Court that is specifically designed to correct or cancel erroneous entries in the civil registry including marriage. Section 1 of the Rule states: “Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Court of First Instance [now the Regional Trial Court]of the province where the corresponding civil registry is located.". Does this mean I can file this instead of the declaration of nullity to keep the involve people as married but just to clear my name from it? Hence, when I get my Cenomar, my name will appear unmarried?

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