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bigamy case for declaraction of nullity of marriage?

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roj


Arresto Menor
Hi good day! I would like to ask if a person can still file a declaration of nullity of marriage even if his facing a bigamy case

thanks!

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attyLLL


moderator
yes


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sultana


Arresto Menor
Hi Does that mean that while a man is facing bigamy case, he may file for nullity of marriage? What if nauna yung anullment kesa ma-charge sha ng kaso para mahusgahan, does it mean he can walk away scotfree?

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piolo_paksiw


Arresto Menor
In my case nauna ako magfile ng declaration of nullity of marriage before the other party filed bigamy case.

Unfortunately tuloy parin ang kaso bigamy kahit na may annulment case yun 1st marriage.

So it means that annulment is not a prejudicial question to bigamy, because the crime has already been done. ang dapat gawin ay ipaannul na muna yun first marriage before getting married again.

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roj


Arresto Menor
attyLLL wrote:yes

AttyLLL, so does it mean na pwede po magfile ng the declaration of nullity of marriage yung person na nagfaface ng bigamy case doon sa 1st marriage nya?

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attyLLL


moderator
yes he can. whether it will be treated as a prejudicial question depends on the ground and the circumstances.


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roj


Arresto Menor
ok AttyLLL, thanks for the reply!


by the way, maari po bang makahingi ng sustento ang 1st wife sa husband nya even though they dont have any child? ilang percentage ba sa salary ang pwedeng maihingi ng 1st wife sa husband nya?

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attyLLL


moderator
yes, the wife can ask for support. there is no legal computation.


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shintaro


Arresto Menor
attyLLL, if the ground for the nullity of marriage is a bigamous or polygamous marriage, must the petitioner file first a criminal case for bigamy against his/her spouse and the latter get convicted first before the petition for nullity of marriage which is now pending in the court proceed? If your answer is yes, please cite jurisprudence on this issue. I ask this because this is the position taken by the prosecutor when he/she filed a Motion to Dismiss. Thank you po

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attyLLL


moderator
could you contextualize your question further. which one is the petitioner? did the prosecutor find probable cause?


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roj


Arresto Menor
attyLLL wrote:yes, the wife can ask for support. there is no legal computation.


thanks attyLLL for your response! Very Happy

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shintaro


Arresto Menor
could you contextualize your question further. which one is the petitioner? did the prosecutor find probable cause?

Atty LLL, the petitioner in the nullity of marriage(on the ground of bigamous or polygamous marriage) is the 2nd wife against her husband who is already married to his first wife. No bigamy case yet has yet been filed against the husband. The prosecutor insists that the petition for nullity be dismissed because the petitioner 2nd wife must first file a bigamy case in court against the husband and the latter get convicted first before the petition for nullity of marriage proceed. Is the prosecutor correct? If correct, do you have jurisprudence on this? Thank you very much...

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attyLLL


moderator
i think the fiscal is just trying to be an advocate so he won't be accused that he just rolled over in the case.

a criminal case of bigamy is not a prerequisite for an annulment case.


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dencio27


Arresto Menor
Hello! Just wanna ask if a person with pending annulment can still be charged bigamy? What if hindi na naghabol ang legal wife which is the petitioner? God Bless to all!

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attyLLL


moderator
in most cases, yes, the exception is if the annulment is for the second marriage based on a formal defect in the celebration of the marriage


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dencio27


Arresto Menor
thanks atty.LLL.. one more question.. if one got married again even if the annulment is pending.. will the court sue that person? even if the legal wife doesn't care?

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Joy Kate


Arresto Menor
Hi AttyLLL,

Good evening..
problema po ito ng first cousin ko. Pitong taon po siyang hiwalay sa asawa niya & at present her husband had 2 kids now with other lady.
Nagfile na siya ng annulment but till now its not yet done. Tapos na po siya sa Pre-trial & this time waiting if her petition will be granted.
The problem is she's 2 months pregnant now & ang alam ng bf niya na tapos na yong annulment niya. Takot siya na iwanan ng bf kaya gusto niya magpakasal sa civil kahit hindi pa tapos annulment case niya.
Pwedi po ba yan atty na mgpakasal sila at hindi muna ipa rehistro sa NSO? Sino pa ba pwedi kausapin para mauna lng ang marriage ceremony pero saka na e registered sa NSO ang marriage license?
Your reply is highly appreciated.
Thanks & more power

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attyLLL


moderator
dencio, it won't be automatic, but he can be prosecuted for bigamy by any interested party.

joy, that will also be the crime of bigamy. she should inquire with her lawyer


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19 bigamy on Sun Jan 06, 2013 4:12 pm

chilibabeans


Arresto Menor
I was married last may 30, 2012, lately a woman from his past is filing a bigamy against my husband, this girl has a child with other man, thus my husband with me their marriage certificate with my husband name has a clerical error, that is why my husband obtained a cenomar from NSO for our marriage.I know they were married in the past and long parted ways but when my husband obtained a cenomar last yr, he got one, thus went ahead of our marriage. Will our marriage be null and void because of this? what can we expect out of it. Shall the woman file a clerical error first before push throughing with the case?

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20 bigamy and nullity of marriage on Wed Jan 16, 2013 2:53 pm

ofw123


Arresto Menor
yung case po ng friend ko yung marriage contract nila dinala lng ng tita nya sa bahay nila at doon sila nag sign with
the wife.blank po yung contract at hindi nila alam kung sino ang magkakasal sa kanila at sino ang witnesses.and then after a month nakakuha na sila ng nso copy nung contract.is this marriage contract valid or not?

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attyLLL


moderator
chilibabeans, the thing is he is truly married to someone else, and you actually knew about it. the cenomar was only due to a clerical error on the certificate. i do not recommend you admit you knew he was married and rely on the cenomar.

on his part, regardless of the cenomar, he knew he was married.


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