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Ito po ba ay isang kaso ng VOID MARRIAGE

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1 Ito po ba ay isang kaso ng VOID MARRIAGE on Wed Jun 08, 2011 1:54 pm

indianredskins


Arresto Menor
Dear Attorney,

Gusto ko lng po ikunsulta kung ano po ba ang magandang gawin para mapawalang bisa ung kasal ko sa dati kong asawa.
Bukod sana dun sa pag- file ng annulment na ang ground ay "psychological incapacity'.
Maari po bang pag payuhan nyo ko kung ang nangyari po sa akin ay isang halimbawa nang Void Marriage.
Ganito po kasi ang nging sitwasyun nmin:
December 11, 2000 nung finally napag pasyahan n nmin na magtungo sa City Hall ng Kalookan North, Sa may Camarin.
Kinabukasan December 12, 2000 nagtungo kami ng maaga sa City Hall at duon namin napaglaman na meron palang mga pre-requisite bago po kami tuluyang makasal.
Dahil sa kagustuhan naming ng mabilisang kasal, nagawan po nmin ng paraan. Nagtanong tanong po kami na pwede kaming makasal kahit wala pa ung mga pre-requisite para maka acquire kami ng lisensya upang makapagpakasal.
Sinabihan n lng kami na asikasuhin ung mga ibang requirements after ng kasal, gaya ng seminar tungkol sa pagpaplano ng pamilya ..atbp.
At nung kinahapunan din ng araw n iyun. Kami ay dinala sa isang opisina (container van n ginawang office) malapit sa City Hall, at duon idinaos ang seremonya ng aming kasal.
Sa madaling salita po, wala po kaming lisensya nung araw na maganap ung seremonya.
Nung kunin na nmin sa City Hall ang aming Marriage Contract, Napansin nmin n ang petsa ng kasal nmin ay December 14, (Na dapat eh December 12 kung saan po ay actual na naganap ang kasal naming) at nung itananong namin kung bakit, kasi December 14 pa raw dumating ung lisensya namin.

Ako po ay 20 taon gulang at ang nagging asawa ko po ay 21. Mahigit isang taon pa lamang kaming nagsasama. Dahil nagtanan kami nuong September 1999 sa kadahilanan na nagdadalantao na po sya nuon

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2 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Wed Jun 08, 2011 2:11 pm

rollie002


Arresto Mayor
The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without license, except those covered the preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.

but beware,you have file nullity of marriage on the ground of psychological incapacity, i have read a case where his first case of nullity marriage was dismissed, he learned that they have no license and when he filed again, it was already res juduciata, meaning he cannot file anymore and was subsequently dismissed

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3 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Wed Jun 08, 2011 2:57 pm

indianredskins


Arresto Menor
Thanks Mr. Rolly,

Ang mga gusto ko pong malaman.

* We went to Kalookan City Hall December 12,2000 and got solemnize on the afternoon 5:00pm of the same Day.

It is my first time to inquire, and arrnge our documents,
we dont have "Certificate of Attendance in a pre-marital counseling and family planning seminar conducted by the Division of Maternal and Child Health at the Municipal/City Hall in the same municipality or city where the contracting parties applied for the marriage license."
We acquired this after ma solemnize yung aming kasal.

*Maybe that is why they dated the marriage December 14th 2000 instead na yung original date ng ceremony.

Pwede bang gawing ground ung tungkol sa petsa.

kasi kung na solemnize yung kasal nmin ng Dec 12, at Ang naka date ay 14..
technically walang Ikinasal nung December 14, at hindi rin pala kami pwede i solemnize ng Dec 12, dahil wala kami nung mga requisites.

Thanks again and



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4 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Wed Jun 08, 2011 3:12 pm

rollie002


Arresto Mayor
do you have a valid marriage license when you got married?

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5 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Wed Jun 08, 2011 3:14 pm

rollie002


Arresto Mayor
pls. also observe these requisites when you got married;

Art. 2. No marriage shall be valid, unless these essential requisites are present:

1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

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6 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Wed Jun 08, 2011 3:53 pm

indianredskins


Arresto Menor
Arresto Mayor


Posts: 58
Join date: 16/05/2011
pls. also observe these requisites when you got married;

Art. 2. No marriage shall be valid, unless these essential requisites are present:

1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.


Technically hindi pa ng eexist ung marriage license nmin nung mismong kaarawan ng kasal.

Ano po bang maipapayo nyo sa akin? ano po ung mga hakbang na dapat kong gawin?

Maraming salamat po.

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7 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Wed Jun 08, 2011 4:32 pm

rollie002


Arresto Mayor
marriage license is very important to make the marriage valid. If it does not exist at the time of marriage, then the marriage is void. You have to find witnesses to prove your allegations. You may file nullity of marriage base on that ground.

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8 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Thu Jun 09, 2011 12:24 am

attyLLL


moderator
the problem here is evidentiary. you will have to prove that the wedding occured at a time when there was no marriage license with clear and convincing evidence.


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9 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Thu Jun 09, 2011 12:29 pm

Heartility_05


Arresto Menor
I had a boyfriend, hes's married but separated for almost a year already. When he was born,the last name indicated on his birth certificate was his mother's last name and her father's name was not stated due to personal reason. When his parents got maried, they decided to used his fathers's last name but unfortunately without doing some adjustment on his birth cert. He grew up using his fathers last name, even on his school certificates and until now all his credential is under his fathers last name. My boyfriend was forced to get married when he was 20 yrs old because he got her ex wife preganant during that time. He got married using his father's last name still but until now his birth certificate is under her mother's maiden name. They just presented an affidavit that my boyfriend and the person in that birth certificate is only one. Her mother's real name for ex. is Maria Victoria. MARIA VICTORIA was the one written on my boyfriends birth cert but on the affidavit it was MARIVIC written. Medyo magulo po talaga yung papers nila. May chance po ba na ma-void yung marriage ng boyfriend ko and ng wife nya because of those issues? Please advise po.

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10 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Thu Jun 09, 2011 9:16 pm

indianredskins


Arresto Menor
Dear Atty. LLL

the problem here is evidentiary. you will have to prove that the wedding occured at a time when there was no marriage license with clear and convincing evidence.

Pwede po ba humingi ng payo, kung sa mga sitwasyung ito, pano ko po mapapatunayan.

Nangangalap lang po ako ng information kung anong gagamiting grounds sa ipapapapetisyon kong pagpapawalang bisa ng kasal.

At kung sakasakali, may idea po ba kayo sa maaring magastus at kung gno katagal.

maraming salamat po





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11 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Fri Jun 10, 2011 12:43 am

attyLLL


moderator


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12 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Mon Jun 13, 2011 9:57 pm

rchrd


moderator
REDSKIN:
"Pwede po ba humingi ng payo, kung sa mga sitwasyung ito, pano ko po mapapatunayan.

Nangangalap lang po ako ng information kung anong gagamiting grounds sa ipapapapetisyon kong pagpapawalang bisa ng kasal."

PUNTA ke sa City Hall LCR ng caloocan. Kuha ka ng copya ng Marriage Contract Mo. Sabay nun, kuha ka na rin ng copy ng Marriage License ninyo, kung tutoong meron kayong License, bibigyan ka dapat.

This are the reasons why you will try to get and know if the LCR has a record of your Marriage License:
1. If there is really no license among their records, your marriage lacks a formal requisite which is a ground for declaration of nullity of your marriage.

2. If will give you a supposed copy of your license, it is possible that they took a license for other applicants and changed the names with your and your wife's names. You lawyer should be the one to demand for the list of application for the marriage licenses so he will discover who really applied for licenses in the dates previous to your marriage. (The LCR is mandated by law keep a record of the applicants for license and the applications will be numbered on a first come first listed basis.)

3. If the license appears to be valid in all respects except for the date of publication, there might still be inconsistency in the dates they supplied. The inconsistent dates will support your testimony that the release of the license is anomalous.

No 2 and no3, might help you prove that there was really no license and it will have the same as No.1 - No valid license so your marriage lacks a formal requisite. HOWEVER, it is possible that the court will rule that there was a license and its anomalous issuance is just an irregularity that would not affect the validity of your marriage but would only subject the Local Civil Registrar to administrative charges.

You better consult a lawyer after getting a copy of your certificate of marriage, marriage license, and if possible, the list of the applicants for license in the months previous to your marriage.

4. your lawyer should also study and research if the alleged solemnizing officer ever existed. If the alleged solemnizing officer existed, he might even be a different person and will deny that he ever solemnized your marriage. If that alleged solemnizing Officer will testify that he never solemnized your marriage, you can prove lack of authority of the solemnizing officer - another formal requisite of a marriage and the effect would be the same as in number 1. HOWEVER, no. 4 might not be counted in your favor if your wife will testify that she honestly believed that the solemnizing officer was authorized.

All of the above however are hypothetical until you actually go the LCR and try to obtain the mentioned documents.

Try to collect evidence of lack of a marriage license and lack of a marriage ceremony or lack of authority of the solemnizing officer so you will have a better chance.






Last edited by rchrd on Mon Jun 13, 2011 10:11 pm; edited 1 time in total (Reason for editing : choice of words)

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13 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Sun Jun 26, 2011 8:50 pm

indianredskins


Arresto Menor
RCHRD,

Thanks for your great effort in writing your comment.

I have sent someone to check my Marriage Contract and Marriage License in the LCR, strangely, my marriage license is nowhere to be found.

Ang sabi hinalungkat na raw nila pero wala po talaga. Tanging yung marriage contract lang ang andun.

I will be sending again my emissary to check further.

Ang alam ko wala naman talaga kami marriage license, dahil ang ngyari,nakabihis kami ng pormal that morning to inquire and get married, then we got married 5pm that day.

I am also not sure if the solemnizing officer is also authorized, basta sinama kami sa isang container van office just a few blocks from the Cityhall and then we got married.

He asked a payment of 700 pesos for his service.

As I am going to send my emmisary again, I am afraid that they might change the records, just for the sake na wala na lang magreklamo.

And by the way Sir, do you have any idea on how much I will spend if I file my petition?



help pls..

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14 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Mon Jun 27, 2011 7:49 pm

rchrd


moderator
In that case, the lack of any marriage license simplified your case. You can now go to a lawyer of your choice, tell him/her of your case and the fact that your marriage was solemnized without a marriage license. Since you had no marriage license, it makes your marriage void for lack of a formal requisite. It does not matter anymore if anyone of you believed in good faith that the solemnizing officer had authority to do so. If ever you can prove that the solemnizing officer had no authority to solemnize, that would just be an additional ground already.

Your lawyer would need
1. your certificate of marriage (LCR or NSO copies). You might even discover that you have no record of marriage at the NSO;
2. a certification from the LCR that they have no record of any marriage license ever issued before your marriage. (You may obtain this yourself or your lawyer);
3. your affidavit (to be prepared by your lawyer after gathering all the necessary documents.
4. others but may be obtained already after you consulted a lawyer.

Your case is not as difficult as a Petition grounded on psychological incapacity. The rate would depend on the stature of your lawyer(imagined or real) and the usual rate at your place. To have an idea, you go to the office of the IBP Chapter of your place then ask the secretary if they have the recommended rates for cases (usually it is posted on their bulletin boards). Kung talaga namang hirap ka sa pera, you can go the public attorneys office of your place for free assistance provided you pass certain criteria based on financial capacity.

Hope that helped.



Last edited by rchrd on Mon Jun 27, 2011 7:52 pm; edited 1 time in total (Reason for editing : spelling)

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15 Re: Ito po ba ay isang kaso ng VOID MARRIAGE on Mon Jun 27, 2011 10:06 pm

indianredskins


Arresto Menor
Thanks Sir,

More power

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