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two marriages here and in vietnam

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1 two marriages here and in vietnam on Fri Apr 15, 2011 10:04 pm

black_butterfly


Arresto Menor
kasal po ako sa mister ko nagaaroad po siya. nakaroon ng maraming relasyon sa ibat'ibang babae sa abroard ika nga ibang lugar ibang babae. Pero nang nadestino po siya sa vietnam nagpakasal po siya. Madami aq hawak na ebidencia ng kasal nila sa vietnam. Litrato at video ng kasal nila. Vietamese po yung babae. ang sabi po sa akin ng magaling kong asawa di daw yun nakaregister sa vietnam ang kasal nila. Ipaparehistro lang daw yung kasal na yun kung magkakaroon cla ng anak. Parang kasal kasalan lamang. May ganon po bang kasal sa ibang bansa. Yung kasal po ba nila kung hindi dumaan sa philippine embassy sa vietnam hindi din po legal dito sa atin?
Hindi po annul ang kasal namin dito sa pilipinas. Matatawag po bang fake yung kasal nila? Alam daw po nung vietamese na may asawa at anak ang asawa ko pero nagpakasal pa din sila. Sa isang buddist temple po sila ikinasal. Hindi alam ng mga kamaganak ng babae na may asawa at anak sa pilipinas ang asawa ko. Silang dalawa lang ang may alam ng totoong kasal kami dito sa pilipinas.

anu pong kaso ang pwede kong isampa sa kanila ? At pwede din po bang magkaroon ng kaso ang asawa ko kung irereklamo siya sa philippine embassy sa vietnam???

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2 Re: two marriages here and in vietnam on Sat Apr 16, 2011 9:22 am

attyLLL


moderator
the evidence required to prove their marriage is the marriage certificate.

but you can also initiate a case of psychological violence for repeated marital infidelity under ra 9262.


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3 Re: two marriages here and in vietnam on Sat Apr 16, 2011 10:37 am

black_butterfly


Arresto Menor
pwede po ba ako magfile ng hold order para hindi makapunta ng pilipinas yung vietnamese na babae ng asawa ko. saan po aq pwedeng magfile ng hold order? gaano po katagal para approve?

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4 Re: two marriages here and in vietnam on Sat Apr 16, 2011 12:14 pm

attyLLL


moderator
you will have to file a criminal case against them both first. a watch list order will not prevent her from getting into the philippines, but can keep her inside if not lifted.


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5 Re: two marriages here and in vietnam on Sun Apr 17, 2011 10:24 am

lOst_StuDent


Prision Correccional
@Atty, what criminal case can be filed as against the husband and the Vietnamese wife. DI po ba walang criminal liability ang asawa with regards to bigamy kasi sa abroad sya nagpakasal? di po ba wala sa territorial jurisdiction natin ang ginawa ng asawa? Clarification lang po..thanks po atty..

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6 Re: two marriages here and in vietnam on Tue Apr 19, 2011 11:02 am

attyLLL


moderator
hi lost student, this would be a good case to test that theory. i never subscribed to the idea that by having a wedding abroad, no bigamy is committed. does the wedding abroad mean there is no element of a subsequent marriage? i have not found an SC case which states otherwise.

(1) the offender has been legally married; (2) that the first marriage has not been legally dissolved, or in case his or her spouse is absent, the absent spouse has not been judicially declared presumptively dead; (3) that he contracts a subsequent marriage; (4) the subsequent marriage would have been valid had it not been for the existence of the first.


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7 Re: two marriages here and in vietnam on Tue Apr 19, 2011 4:13 pm

black_butterfly


Arresto Menor


so di po pwede ang bigamy???


psychological violence for repeated marital infidelity under ra 9262. ang pwede kaso?

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8 Re: two marriages here and in vietnam on Wed Apr 20, 2011 6:46 pm

attyLLL


moderator
in my opinion, bigamy should still be possible. but going back to evidence, you will need an authenticated copy of their marriage certificate in vietnam. pictures (from fb?) will not be sufficient.


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9 Re: two marriages here and in vietnam on Wed Apr 20, 2011 8:47 pm

lOst_StuDent


Prision Correccional
I remember a similar question was asked in the bar a couple of years ago. Sana nga meron ng jurisprudence to settle this issue.

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10 Re: two marriages here and in vietnam on Wed Apr 20, 2011 8:59 pm

piolo_paksiw


Arresto Menor
attyLLL wrote:hi lost student, this would be a good case to test that theory. i never subscribed to the idea that by having a wedding abroad, no bigamy is committed. does the wedding abroad mean there is no element of a subsequent marriage? i have not found an SC case which states otherwise.

(1) the offender has been legally married; (2) that the first marriage has not been legally dissolved, or in case his or her spouse is absent, the absent spouse has not been judicially declared presumptively dead; (3) that he contracts a subsequent marriage; (4) the subsequent marriage would have been valid had it not been for the existence of the first.

Atty are these 4 elements are required for the case of bigamy? what if ony 3 elements are present? like in my case i was not legally married kinuntsaba nya ang solemnizing officer to fabricate marriage, wala kasalan naganap at nagfile sya ng late registration ng kasal antedated without even telling me. sinadya nya di sabihin talaga kasi once na malaman ko yun ay ipapaannul ko yun.

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11 Re: two marriages here and in vietnam on Wed Apr 20, 2011 11:27 pm

attyLLL


moderator
that is what you need to prove to be acquitted


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