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complicated double marriage

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1 complicated double marriage on Thu May 05, 2011 6:51 pm

eam


Arresto Menor
hi... can you help me with my prob.
ahm kinasal kami ng bf ko april 5,2010 ahm tapos ngpakasal uli si husband ng april 21,2010
now im filing a bigamy case sa husband ko... ano ang percentage na maipapanalo ko yung kaso ko

pero story nean alam ko na naikakasal sila kaso inamin ng guy na hindi nea mahal yung babae parents nea lang me gusto sa kasal nila kayua ngadecide kami na unahan yung kasal.. ang hindi ko lang alam e itinuloy pala nea yung kasal na isa it was just last april 24,2010 ko nalaman na kinasal din sila wala ako ngawa... pero nagpromise sha na hindi sha makikisama nung 2nd wife... it was just last march ko nalaman that they're living together... nag file ako ng bigamy case kaso andami discrepancy sa marriage certficate namin...
1. 23 yo lang ako
2. forged yung parents consent ko
3. yung place of marriage namin sa cenomar nea sampaloc manila, while sa marriage certificate namin san juan manila panu po ba yun? me laban ba yung kaso ko?

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2 Re: complicated double marriage on Thu May 05, 2011 7:18 pm

There can only be bigamous marriage if the first marriage is valid and subsisting.

The elements of bigamy are: (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.

To determine if your marriage is valid. Let us dissect your queries.

1. 23 years lang ako (are your referring to your age at the time of marriage?)

Parental consent is required when either or both of the contracting parties are between the ages of eighteen (18) and twenty-one (21). Parental advice, on the other hand, is required if either or both of the contracting parties is/are between the age of twenty-one (21) and twenty-five (25).

In your case if both of you are above 21 years of age, parental consent is not necessary.

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3 Re: complicated double marriage on Fri May 06, 2011 11:32 am

attyLLL


moderator
eam, if you are able to produce the two marriage certificates issued by the NSO, that is all you have to do. let him allege those discrepancies and prove them. The point is that he got married twice, and that is bigamy.

your being 23, lack of parental consent, and the place are not sufficiently material.


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4 Re: complicated double marriage on Fri May 06, 2011 11:52 am

there can only be bigamy of the first marriage is valid.

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5 Re: complicated double marriage on Sat May 07, 2011 9:58 am

piolo_paksiw


Arresto Menor
lawddesign wrote:there can only be bigamy of the first marriage is valid.

Atty. what do you mean by this? i'm a bit confused sabi daw kasi kahit na null and void ang 1st marriage then you contracted 2nd marriage without judicial declaration that the 1st marriage is void it is still considered as bigamy. So annulment is not a prejudicial question to bigamy.

Sad Question

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6 Re: complicated double marriage on Sat May 07, 2011 11:13 am

it means to say you must first secure judicial declaration of the first marriage before you can contract a second marriage.

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7 complicated marriage on Sat May 07, 2011 2:38 pm

due to the intersting topic, i would like to share my thoughts on this case. Given the facts involved in this case, your marriage comes in first so definitely you acquire the legal rights. materiality on the defects uncover by this marriage can be argued so it can be best settled later on. The second marriage given all the documentary evidence would render void abinitio- considering that the marriage can not be considered legal, because right from the beginning the party involved had a prior marriage with the complainant of the bigamy case. You only need to present two marriage contract issued by the NSO in this bigamy case as your documentary evidence to prove that your legal spouse contracted a bigamous marriage.





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8 Re: complicated double marriage on Sat May 07, 2011 10:19 pm

piolo_paksiw


Arresto Menor
the problem atty she file marriage to me last 2003 antedated to year 2000 without telling me that she did it.conniving with the solemnizing officer. she acquire my signature last 1999.we never live togeteher as husband and wife.i was so worried that time because she might file it so year 2002 i went to NSO to verify by taking cenomar so it was negative.

Unfortunately i lost that copy of that cenomar. I married my wife last 2004 believing that i am single because of that cenomar result and the local civil registrar does not require cenomar for marriage license.

It was only 2010 when i found out when she filed bigamy against me and my wife(my gf since late 1999). the case prosper against me but my for my wife it was dismissed.

so atty what should i do? im so worried because bigamy is very easy to prove.but god knows that i married my wife in good faith.

please kindly enlighten me with my dillema. Sad Question

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9 Re: complicated double marriage on Fri May 20, 2011 3:05 pm

friutfruit


Arresto Menor
Good day! Gusto ko lang din magtanong kung anong dapat gawin ko. I have a bf and plan na sana namin magpakasal. Nung makilala ko siya sinabi nya sa akin na may nkasama na siyang babae and nagkaroon sila ng anak then tinanong ko siya if they got maried and he tell me n nagapply sila sa city hall pero hindi daw natuloy kc hindi sila nagpunta dun and wala naman daw ceremony na naganap binigay lng daw ung application nila dun s kakilala ng girl kc dun nagtratrabaho s city hall. Hindi n sila nagsasama matagal na. Later lang may isa na naman girl na iniskandalo ako s fb account niya ang masaklap dun ko pa nalaman s kawork ko hindi ko kilala ung girl so tinanong ko ulit ung bf ko kung sino siya and he answered me nagsama daw sila ng girl na yun ng 1 year at may isa silang anak tinanong ko ulit siya kung kasal sila ang sabi naman niya magkasama sila noon pumunta s city hall para mgaaply ng marriage license tapos pnabalik nalng sila kc wla ung mayor d n ulit sila bumalik dun....sa sobrang gulong gulo n po ako pnapunta ko siya s NSO para kumuha ng CENOMAR at dun nga double marriage ung nakalagay.Wala na rin po sila ngaun ng girl..... Anu po bang dapat naming i-file na case para mapawalng bisa ung kasal niya s dalawa..nakausap na nmin ung una ang sabi nya ok lng naman daw s kanya at pipirma siya. Please I need ur advise atty. Hope to hear from you soon. Thanks and God Bless!

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10 Re: complicated double marriage on Fri May 20, 2011 8:34 pm

attyLLL


moderator
fruit, both those marriages have to be annulled before you can marry your bf. otherwise, you will be liable for bigamy. he already is liable.


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11 Re: complicated double marriage on Wed May 25, 2011 12:17 am

friutfruit


Arresto Menor
Thank you Atty.
Ask lang po ako ulit kung ilang years po ba inaabot ung case pagnagfile ng annulment? How much does it cost kc sbi nila sobrang mahal daw mgpaanulled and san kmi pwede pumuntang law firm..thank you po sana marami p kayong matulungan.

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12 Re: complicated double marriage on Wed May 25, 2011 10:10 am

marchell


Arresto Menor
Good day! atty, if the wife committed bigamy, can it be used against her as a ground for an annulment?

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13 Re: complicated double marriage on Wed May 25, 2011 1:02 pm

attyLLL


moderator
it can be used to annul her second marriage, but not the first marriage. yes, it is expensive. cost depends on which lawyer you retain.


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