Gayness not reason to annul marriage -- Supreme Court

I wanted to share what I have read from the particular Philippines daily Inquirer by Jerome Aning.

Filed Under: Laws, Justice & Rights, Gender Issues, Human Rights, Family

MANILA, Philippines -- Being gay is not a valid ground to have one's marriage annulled; hiding such a fact is.

The Supreme Court made this ruling as it reversed a decision by the Las Piñas City Regional Trial Court to annul a couple's 11-year marriage after the wife claimed her husband was a homosexual.

In a 21-page ruling dated August 28, the Court's 3rd Division said the lower court erred in declaring the marriage void from the start because it took into account solely the husband's alleged homosexuality without being presented with proof that he had concealed it from his wife.
In restoring the marriage of the couple (whose identities the Inquirer is withholding for the sake of their minor children), the Court said the lower court misinterpreted Article 46 of the Family Code of the Philippines that allows annulment when the consent of either party is obtained by fraud, such as concealment of homosexuality.

“Nowhere in the [RTC's] decision was it proven by preponderance of evidence that [the husband] was homosexual at the onset of his marriage and that he deliberately hid such a fact from his wife. It is the concealment that vitiates the consent of the innocent party [and] presupposes bad faith and intent to defraud the other party in giving consent to the marriage,” said the Supreme Court’s ruling, written by Justice Ruben Reyes.

Court records showed the wife sued for annulment, accusing her husband of being psychologically incapacitated to perform his marital obligations. The couple, both medical practitioners, were sweethearts for three years before getting married in 1989.
During the trial, the wife described her husband as a “harsh disciplinarian, unreasonably meticulous, and easily angered," adding his alleged cruelty to their children was a cause of their fights. She also complained that he showed lavish affection to his mother and was dependent on the latter's decisions.
Further adding to her woe s was his alleged homosexuality. She said she was suspicious about his “peculiar closeness to male companions.” She also said she caught him manifesting affection to a male caller, found several pornographic homosexual materials in his possession, and saw him kissing another man on the lips.
When she confronted him, he denied everything. She decided to leave their conjugal home and took their children with her. He then stopped giving support to their children.

The wife presented in the trial a clinical psychologist who interviewed the husband and their children and reached the same conclusion that he was truly psychologically incapacitated.

The husband, for his part, denied all his wife's allegations, adding that their marriage was “generally harmonious” so he was surprised by the suit.
He said he never maltreated their children. He added that he was close to his mother because she was already growing old and there was nothing wrong to return the love and affection of the one who reared and looked after him.

He claimed his wife’s jealousy drove him to avoid female friends but instead his wife used this to “conjure” stories about his sexual preferences. He also denied kissing another man or owning homosexual pornographic magazines and videotapes.
He countered that the true cause of his wife's hostility was his decision to convert his lying-in clinic into a hospital that competed with the one owned by his wife's family.

The lower court judge, siding with the wife, declared the marriage null and void in 2005. The husband's share of the conjugal property was forfeited in favor his children, to whom he was also ordered to give monthly financial support.
The Supreme Court, however, disagreed with the ruling, saying the judge erroneously considered the public perception of the husband's sexual preference without corroboration of witnesses.

Also, the judge took cognizance of the husband's peculiarities and interpreted it against his sexuality.

“What [the wife] attempted to demonstrate were [her husband's] homosexual tendencies by citing overt acts generally predominant among homosexual individuals. She wanted to prove that the perceived homosexuality rendered [him] incapable of fulfilling essential marital obligations,” the Court ruled.

The high court said Article 46 of the Family Code clearly showed that concealment of homosexuality was among the circumstances constituting fraud for which a marriage may be annulled.

“Concealment in this case is not simply a blanket denial but one that is constitutive of fraud. It is this fundamental element that [the wife] failed to prove. The burden of proof to show the nullity of the marriage rests on [her]. Sadly, she failed to discharge this onus,” the high court said.
Unlike in the United States where homosexuality is a basis for divorce, the high court said that homosexuality is only a ground for legal separation in the Philippines.

“The Court is mindful of the constitutional policy to protect and strengthen the family as the basic autonomous social institution and marriage as the foundation of the family. The State and the public have vital interest in the maintenance and preservation of these social institutions against desecration by fabricated evidence. Thus, any doubt should be resolved in favor of the validity of marriage,” the high court said.

The Court also berated the husband's lawyer for filing a petition to annul judgment of the RTC before the Court of Appeals, instead of an ordinary appeal. When the appeals court denied the petition because of the wrong remedy, the husband elevated the case to the Supreme Court.

The Court said it found it “prudent” to relax the rules and allowed the case to prosper by entertaining it as a certiorari petition, so that the parties may attain the ends of justice.

FAST ANNULMENT RESULT

Are YOU looking for Worry Free and Fast Annulment Result? IF THIS WOULD BE YOUR LAST RESORT You know where to go... I can really help you find the best Lawyer in Town.

So stop worrying about the Past where you could really make a step forward and start a new LIFE with the One you truly Love… your Soul mate is just roaming around. Look for the best Partner in Life as still there is a new hope for everyone.

Everybody Deserves to be Happy!

WHEN LOVE DISAPPEARS FROM MARRIAGE

Mr, Jorge C. Bocobo, former Dean of the University of the Philippines, College of Law, from 1917 to 1934 said that once love disappears from marriage, the dark reality of matrimonial dissolution rudely interrupts the lives of couples and sets the stage for a legal tug-of-war. He also notes that some women who favor divorse could be described by the Spanish Poet in these lines:

SPANISH POET
Te amaré diosa Venus si prefieres
que te ame mucho tiempo y con cordura
y respondió la diosa de Citeres:
Prefiero como todas las mujeres
que me amen poco tiempo y con locura.
Te amaré diosa Venus, te amaré.

ENGLISH TRANSLATION
I will love you, Divine Venus, if you desire
that I love you eternally and with discretion.
The goddess of Cythera replied to me:
I prefer, as all women do,
that you love me for a short time and passionately.
I will love you, Divine Venus, I will love you.

In other words, the woman who favors divorse says, I prefer like all women do, to be loved briefly but with madness. A tagalog proverb says... ANG UNA ay NAGSISISI KUMAKARIMOT ANG HULI, it means that Those who are already married are repenting and others are in a hurry to get hitched.

VOID MARRIAGES in the PHILIPPINES

A void marriage is one that has no legal effect and is invalid because it has not complied with the formal or essential requirements of the law for valid marriages.

Void Marriages in the Philippines are as follows:

1. Marriages without a marriage license.
2. Marriages without a marriage ceremony.
3. Marriages officiated by a person without any legal authority to solemnize marriages.
4. Marriages in which the contracting parties lack the legal capacity to contract a marriage (below 18 yrs old).
5. Marriages between two persons of the same sex.
6. Marriages that are incestuous and those that are against public policy.
7. Marriages that are bigamous and polygamous.
8. Marriages that are contracted through mistake by one party as to the identity of the other.
9. Marriages that are subsequently contracted after the previous marriage has been annuled or declared void and the annulment judgment, partition, distribution of the properties of the and the delivery of the children's presumptive legitimate were not recorded in the civil registry.
10. Marriages in which at least one of the parties is Psychologically incapacitated.

ILLEGITIMATE CHILDREN: DO THEY HAVE A RIGHT TO SUPPORT?

Under the old rules, Articles 278 and 291, Civil Code), before illegitimate children could be entitled to support and successional rights, it is paramount that they have been recognized or acknowledged first by their parents.

But under the new rules, Article 195, Family Code, the different categories of illegitimate children have been eliminated. Children now come in just two varities- legitimate and illegitimate. The elimination of the category of "acknowledged natural children" carries the implication that recognition or acknowledgment is no longer needed to entitle illegitimate children to receive support from their parents. It appears that proof of filiation (paternity or family relationship)is enough to collect support for all illegitimate children.

AIKO MELENDEZ AND MARTIN JICKAIN ANNULMENT CASE

I got this news from GMANews.TV and stated below how Coun. Aiko Melendez filed an Annulment of her Marriage to Martin Jickain. It happened almost 2 years ago. Just wanted to share what I have read...

Actress and Quezon City Councilor Aiko Melendez has sought the annulment of her marriage with model Martin Jickain, barely two months since their separation last September OF 2007.

The Quezon City Regional Trial Court is set to raffle on Friday afternoon the petition filed by Melendez seeking the annulment of her nearly two-year marriage with Jickain.

The court refused to reveal the grounds cited by the councilor in her petition for nullity of marriage, citing the confidentiality of the petition being a family matter.

Two months ago, Melendez was granted a temporary protection order (TPO) to keep Martin away from her and their one-year old daughter.

Melendez reportedly cited physical abuse and Jickain’s relationship with another woman as grounds for her TPO petition. Jickain has since denied that a "third party" was involved in their break-up.

Shortly after the court approved the TPO, Melendez last October 26 filed a permanent protection order (PPO) against Jickain, which remains pending in court.

Meanwhile, a source disclosed that the reasons cited by Melendez in her annulment petition were almost the same as the ones that were used to justify her earlier TPO and PPO petitions.

Jickain and Melendez were married in 2005, following the annulment of Melendez’s marriage with actor Jomari Yllana several years ago.

AMALIA FUENTES AND JOEY STEVENS - ANNULMENT CHRONICLE

Amalia Fuentes, husband agree to split...i got this article from daily inquirer and it tells the story how the annulment process of Amalia Fuentes being Processed and done...

CEBU, Philippines -- An emotional Amalia Fuentes faced the court Tuesday to answer a petition for marriage annulment filed by her estranged husband Joey Stevens.

Although the 62-year-old movie icon did not shed tears, her 24-year-old son Gerard was teary-eyed as his mother narrated in court how her relationship with her spouse turned sour.

She accused her husband --who appeared calm and smiling throughout the pre-trial hearing at a Mandaue City court -- of having an illicit affair with a woman from a prominent clan in Cebu.

"He was with a woman openly. They are showing themselves in public blatantly," said Fuentes, whose real name is Amalia Muhlach-Stevens, as she glanced at Joey and pointed her finger at him on several occasions during the trial.

It was a sight not often seen -- at least for court employees -- as a celebrity trial does not normally occur in Mandaue City.

Court employees crowded at the lobby, awaiting Fuentes and her celebrity daughter Liezl Martinez.

Thirty minute after the two-hour pre-trial began, Regional Trial Court Judge Teresita Galanida ordered everyone -- except for the couple, Liezl and Gerard -- to leave the courtroom, saying "sensitive issues" were to be discussed.

When the courtroom was again opened to the public about 40 minutes afterwards, a compromise had been reached between the couple: Joey would withdraw the annulment petition after Amalia filed a separate petition for legal separation in Manila.

After the trial, Joey hurriedly went out of the Mandaue City Hall of Justice building, avoiding interviews from the media.

While waiting for his car, Joey was asked whether he still had feelings for his wife. He replied: "No comment."

Amalia, in a separate interview after the trial, reiterated her claim that Joey was having an affair with a woman "who is much richer than me."

Joey filed an annulment case against Amalia 28 years after they wed on August 10, 1979. According to his lawyer Rolindo Navarro, the grounds for the annulment petition they filed in July 2007 include psychological incapacity.

"Sometimes, even when my client [Joey] plays golf, she will not even allow him to do so. At his age, he is entitled to have fun [referring to a game of golf]," lawyer Rolindo Navarro said.

The husband's lawyer also said that the marriage between Amalia and Joey in 1979 was null and void because the divorce between his first wife (a certain Olondez) in the United States had no legal bearing in the Philippines based on the 1950 civil code. "The Family Code took effect after 1987," Navarro explained.

Amalia's lawyer Redemberto Villanueva, on the other hand, said the 1979 marriage was binding. He also questioned the lack of technical requirements for the petition. He said that there was no definite support for claiming psychological incapacity.

Villanueva also said that they also questioned the filing of the case in
Mandaue City, far from both Amalia and Joey's residence. But Navarro replied in a separate interview that Joey has been living in North Town homes in Cubacub, Mandaue City since December last year.

"It's so difficult for me to come down here because I am a very busy woman. The last time I was here was seven years ago. The only good that came of this case was that I was able to see your beautiful city," said Amalia who was already smiling in interviews after the hearing.

Fuentes, who became famous in the 1960s as a movie actor, stood confidently after she, as a respondent, was asked to say her piece in court.

She said she was loyal to her husband for 28 years but took exception to the petition for "disrespect" because it named her as Amalia Amador Muhlach instead of Amalia Muhlach-Stevens.

"I carried your name with dignity, with honor, with loyalty. I was loyal to you and now he's calling me Muhlach. This is my maiden name. He just wants to shame me. This is a way of shaming me," said Amalia as her son Gerard patted her arms as if to calm her down.

"I am still Mrs. Amalia Stevens whether you like it or not, whether you have another Mrs. Stevens in mind, I am right now your Mrs. Stevens...Joey."

Amalia also said in court that she had been receiving death threats allegedly coming from her husband after she granted interviews with the media in Manila. As a result, she said she filed a separate petition for temporary protection order (TPO) against her husband.

The case is still ongoing at a Manila court, said Amalia.

"It is so hurtful and painful that a man I have respected would show me this kind of disrespect," she added.

While Amalia was speaking in court, her husband was seen shaking his head and smirking.

IS ABANDONMENT AND INFIDELITY GROUNDS FOR ANNULMENT?

No... An annulment is only available if there was mistake or someone committed fraud at the time of marriage. What happens *after* you are married has nothing to do with it. Too many people misunderstand this. I get lots of questions from people who have problems after the marriage and think that they can get an annulment. Problems arise and people change their minds and it doesn't mean you can get an annulment. Failure to live up to expectations after marriage is not grounds for an annulment.

An annulment can be contested by either party, which is why it is important to have proof of the grounds for the annulment based on ARTICLE 36, FAMILY CODE(PSYCHOLOGICAL INCAPACITY. Therefore, Infidelity, abandonment and abuse are not grounds for annulment. You can talk or discuss this matter to your family lawyer for any further details for your clarification and understanding on the issue provided here.

ANNULMENT PROCEDURE IN THE CATHOLIC CHURCH

Annulment is a thorny issue for many Catholics and widely misunderstood outside the Church. In this Update, we’ll take a look at questions that commonly arise and how the Church addresses them. When it comes to how annulments are handled, it’s important to keep in mind that practices may vary slightly from one diocese to the next, but the overall rules of the Church are the same. The doctrine of marriage is that of the universal Church. The Church’s practices around marriage and annulment are aimed at protecting the sacrament of marriage, in order to help Catholics live a fully sacramental life.

The Catholic Church presumes that marriages are valid, binding spouses for life. When couples do separate and divorce, therefore, the Church examines in detail their marriage to determine if, right from the start, some essential element was missing in their relationship. If that fact has been established, it means the spouses did not have the kind of marital link that binds them together for life.

The Church then issues a declaration of nullity (an annulment) and both are free to marry again in the Catholic Church.

1. On what grounds does the Church declare nullity for some failed marriages?

In technical language, the most common reasons are insufficiency or inadequacy of judgment (also known as lack of due discretion, due to some factor such as young age, pressure to marry in haste, etc.), psychological incapacity, and absence of a proper intention to have children, be faithful, or remain together until death.

These grounds can manifest themselves in various ways. For example, a couple, discovering her pregnancy, decide to marry; only much later do they recognize the lack of wisdom in that decision. Or one spouse carries an addictive problem with alcohol or drugs into the marriage. Perhaps a person, unfaithful during courtship, continues the infidelity after marrying.

In cases like these, the Church judges may decide that something contrary to the nature of marriage or to a full, free human decision prevents this contract from being sound or binding.

I begin this formal annulment process at the parish level for about a dozen petitioners each year. My suggestion to them as they approach the multi-page, perhaps daunting questionnaire moves along these lines:

“As you reflect upon the marriage, ask yourself: Was there something missing right from the start, something radically wrong from day one? Before the wedding, were there warning signals, red flags which you may have dismissed simply as the cold-feet anxieties rather common for couples prior to a nuptial service? Did you suffer deep difficulties early in your marital life and worry about them, but, never having been married before, judged they were merely the expected burdensome part of marriage? Now, perhaps years later, you view them as symptomatic of a much more serious problem, a radical malfunctioning in your relationship.”

2. Why must a divorced Catholic complete a complicated Church annulment process before remarrying?

Jesus himself had strong words about marriage. The Catholic Church believes it has a responsibility to follow the words of Christ, both in teaching and in practice. Jesus gave a quite blunt answer to those who raised the issue of marriage and divorce. In the Gospel of Mark (10:11-12) he declared: “Whoever divorces his wife and marries another commits adultery against her; and the woman who divorces her husband and marries another commits adultery.”

In the Gospel of Luke (16:18), written after the Gospel of Mark, Jesus’ declaration is almost identical: “Everyone who divorces his wife and marries another commits adultery. The man who marries a woman divorced from her husband likewise commits adultery.”

During the exchange recorded by Mark, Christ referred to words from the Old Testament Book of Genesis: “At the beginning of creation God made them male and female: for this reason a man shall leave his father and mother and the two shall become as one. They are no longer two but one flesh. Therefore let no man separate what God has joined” (Mark 10:6-9). Most if not all Scripture scholars today maintain that these were Christ’s original words.

The complicated process of annulment then is a response to the strength of this teaching. The Church presumes that marriages are binding and lifelong. The annulment process helps to determine if something essential was missing from the couple’s relationship from the beginning that prevented the sacramental union that the couple promised to each other.

3. How can you require an intended spouse who is not a Catholic to endure this annulment process?


In simplest terms, if a Catholic wishes to marry in the Church when there has been a previous marriage, then either one of the partners in the earlier union must have died or the Church must have issued a declaration of nullity, an annulment of that previous marriage. Why is this so?

The Catholic Church views all marriages with respect. It presumes that they are true or valid. Thus, it considers the marriages, for example, of two Protestant, Jewish or even nonbelieving persons to be binding in the eyes of God, unions covered by the words of Christ about divorce. Consequently, it requires a Church annulment process to establish that an essential ingredient in the relationship was missing from the start of the previous marriage.

Such a requirement often represents an unpleasant challenge to Protestant, Jewish or nonbelieving persons who wish to marry a Catholic after the civil termination of a previous marriage. They may have no difficulty with remarriage after divorce and even feel resentful about the prospects of a Roman Catholic formal annulment procedure.

I would never try to explain or resolve this thorny and emotional issue over the telephone, but only face-to-face. The explanations above may help to clarify the issue, but negative feelings often remain. After hearing their often painful stories and explaining the Church’s procedures, I offer a comment along these lines: “The only reason you would go through this process is out of love for your prospective marriage partner. Without the annulment, marriage in the Church is not validly possible. This is a prospect that will trouble your intended spouse now and in the future. For you to complete the procedure would be a great act of self-giving love.”

4. Who else besides the couple seeking a declaration of nullity will be questioned during the annulment process?

The ex-spouse or respondent will need to be contacted, but not necessarily by the spouse or petitioner seeking the annulment. The diocesan tribunal office will make that written contact with the ex-spouse, with the name and address provided by the petitioner.

The respondent’s cooperation is welcome, but not essential. Simple justice, however, requires that an ex-spouse at least be made aware that the petitioner is seeking an annulment and that the respondent may be part of the procedure. It is only fair that both persons have an opportunity to present their sides of the marriage.

In formal cases the petitioner needs to supply the names and addresses of several people who are familiar with the petitioner’s earlier marriage. They must be able and willing to complete a brief questionnaire about the petitioner’s earlier marriage.

Many years ago, a man approached me about an annulment because his wife had left him, moved to San Francisco and was living the life of a “flower child,” a 1960s phenomenon. As the process progressed, the tribunal sent her the standard letter of announcement with an invitation to participate. There was no response. The office followed up with a registered letter to her. The post office returned the letter with a notation, “Refused.” His case then proceeded to a successful conclusion, and the tribunal granted the desired annulment. The petitioner and the tribunal had done all they could to solicit the input of the ex-spouse.

5. Does an annulment make the children illegitimate?

No. The parents, now divorced, presumably once obtained a civil license and entered upon a legal marriage. Children from that union are, therefore, their legitimate offspring. Legitimate means “legal.” The civil divorce and the Church annulment do not alter this situation. Nor do they change the parents’ responsibility toward the children. In fact, during annulment procedures the Church reminds petitioners of their moral obligation to provide for the proper upbringing of their children.

Nevertheless, persons pondering the Catholic annulment process do often express this concern about the legitimacy of the children after that procedure. It’s a persistent rumor.

6. Is money involved in the annulment process?

No and yes. Money does not affect the speed of the procedure or its successful completion. Nor does the inability of a petitioner to share part of the costs of the process interfere with the possibility of obtaining an annulment. Diocesan tribunals make special arrangements for people.

There are obviously extensive costs involved in maintaining an agency for annulment procedures. The annual budget of our tribunal exceeds $150,000 and covers items like rental space, salaries, office equipment and supplies. Income from annulment fees covers most but not all of these expenses.

There is a certain value, too, in the petitioners sharing part of this procedure’s cost. Similarly, it’s considered good practice to expect counseling clients to pay for counseling, or to expect college students to work for some portion of their financial aid. Paying something can help one develop a personal commitment to the process.

Some Case Studies

7. Joe, a lifelong Catholic, had a miserable first marriage that ended in divorce. He now seeks to marry Joannah, who is Catholic too, but has never married. They are deeply in love and want a Catholic wedding. What if Joe’s previous marriage was “outside the Church,” say, by a justice of the peace?

The Church requires that a baptized Roman Catholic marry before one of its representatives, usually a priest or deacon, unless special permission was granted otherwise. When a Catholic does not observe this requirement and marries “out of the Church,” and eventually divorces, the annulment process involves two steps.

The first is securing the Catholic’s baptismal record, a copy of an official document indicating the location of the marriage and the person who performed the ceremony, and the divorce papers. The second is completing a relatively brief form that seeks the above information and asks a few additional questions about circumstances concerning the celebration of the marriage.

This form and the supporting documents showing who witnessed the wedding are sent to the bishop’s office or, more specifically, his diocesan marriage tribunal. It ordinarily processes the application in a few days and returns the petitioner an annulment or declaration of nullity based on the “lack of canonical form.” The individual is now free to pursue subsequent marriage within the Church.

8-9. What if Joe, for his first wedding years ago, had sought permission from the diocese to be married at his first wife’s Protestant Church? Or what if Joe’s first wedding had occurred in a Catholic church, before a priest or deacon?

In the first case, the situation of special permission generally occurs when one of the persons seeking to marry is not a Catholic and, for good reasons, wishes to wed in her or his own Church and by her or his own clergyperson. During my 45 years in priestly ministry, I have participated in many of these arrangements.

Sometimes it meant standing next to the minister during the ceremony in his church; at other times, I stood by the side of a rabbi in a restaurant or hotel; at still others I even assisted as a judge conducted the service in a home. Occasionally I was not present at the ceremony, but only completed in advance the necessary paperwork.

In all of these circumstances, however, I met with the couple ahead of time, filled out the required documentation and petitioned the bishop for a dispensation from canonical form (marriage in the presence of a bishop, priest or deacon and two witnesses). This special permission allowed the Catholic to marry before a minister, rabbi or even a judge according to the desires of the other party in the marriage.

In these cases where the first marriage was either a Catholic wedding or a non-Catholic wedding with special permission to be married before someone other than an ordained Catholic minister, the annulment process is more involved.

The annulment process in these circumstances, termed a formal case, examines not so much where the marriage took place, but what happened in the marriage. The procedure takes longer (six months to a year, or more, depending upon the diocese) and is more complex than the “lack of form” annulment mentioned in question seven above. The Church in these cases researches not merely the location of a wedding, but also the relationship between spouses before and during the marriage. That’s a bit more complicated.

A fact sheet covering the basic details of the failed marriage begins the formal case procedure. However, the practice in the United States is that a person may start the process only after obtaining a legal divorce that terminated the marital relationship under civil law. The petitioning individual then works through an extensive printed inquiry that explores the childhood of both persons, their courtship, the early years of the marriage and what the petitioner considers the major cause for the marital breakup.

The petitioner will likewise need to secure certain official documents—proof of Baptism, if pertinent, a marriage record and the divorce papers—and provide names and addresses of the former spouse(s) as well as several witnesses who could share their observations and experiences of the courtship and marriage.

Once all the materials have been assembled, the diocesan tribunal examines the case, usually interviews the petitioner, often seeks the counsel of a psychologist or therapist, and makes a decision. The office then sends its initial judgment to a different tribunal for confirmation. The Syracuse Diocese, where I live and minister, for example, normally refers its cases to the Interdiocesan Tribunal of New York, an agency which covers all of New York state.

If both tribunals agree that there are sufficient grounds (see question 1) for an annulment, the diocesan tribunal communicates a declaration of nullity to the petitioner. Respondents who are interested and who have cooperated in the process are also notified about the declaration of nullity.

Sometimes cases receive a negative response, or petitions for an annulment are rejected. It is probably safe to say that a majority of formal cases in the United States receive positive judgments and the annulments are granted.

The Positive Results of Seeking a Declaration

10. What are the benefits of annulments?

The first benefit, of course, is that the petitioners may now celebrate a marriage in the Catholic Church or have an existing marriage “blessed” or recognized with the Church. There can, however, be a deeper and much more spiritual benefit.

Divorce is a kind of death experience, with the grieving that normally accompanies life’s end. Thus a divorced person may know the typical grief feelings or conditions of denial, anger, bargaining, sadness and acceptance. But divorce in some ways is worse than death. It can involve rejection and self-doubts. The divorced person may ponder questions like, “Why me?” or “What did I do wrong?” or “How did I fail?” There also may be resentment toward the ex-spouse.

The thorough reflection, writing and discussion with trained Church ministers involved in the annulment process, while often revisiting painfully sensitive areas, can ultimately help heal wounds and bring about closure. The petitioner may view the overall past marriage in a new light, let go of hurts or doubts and move on to a new, more productive and more peaceful life...

Courtesy of http://www.americancatholic.org/newsletters/cu/ac1002.asp

IS DECLARATION OF NULLITY OF MARRIAGE DIFFERENT FROM ANNULMENT?

YES... Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. It applies to marriages that are void or invalid from the very beginning. In other words, it was never valid in the first place. The process of obtaining such a declaration is similar to the annulment process. Generally speaking, annulment, despite its retrospective nature, still results in any children born being considered legitimate in the United States and many other countries.

LOTLOT DE LEON AND RAMON CHRISTOPHER ANNULMENT RESULT - - - MARRIAGE DECLARED NULL AND VOID

The Marriage of Ramon “Monching” Christopher De Leon and Lotlot De Leon for almost 19years has ended on May 01, 2008 as the RTC-Quezon City Regional Trial Court declared their Marriage null and void. This is because they were underage when they got married last March 27, 1989.

Lotlot De Leon filed an annulment case against Ramon Christopher De Leon by the reason of irreconcilable differences.

When Lotlot received the verdict of their annulment from her lawyer she felt so happy and for her… "When I got the call from my lawyer, I am really surprised. But there is a misconception that people experiencing the same situation should be happy... for me it was mixed emotions.”

She added that she was not that proud of what happened to their marriage because of their children. She admitted that it is not that simple for their children to cope up from what is happening. Just like the other couple around who experienced the same sort of problems, there is still a lesson that leaves us behind and teaches us from what we have experienced.

The actress said that she is now happy and contented because the respect that monching gave her is the most important and the guidance and proper care as well that her partner is now sharing with their children.

Lotlot informed the kids about the court’s decision and she was also the one who called monching and informed him about the decision of their annulment.

CHILD VISITATION RIGHTS

The law encourages parents to spend as much time and contact with their children. While the action for annulment or declaration of nullity of marriage is pending in court or still on going, you still have the legal right to see or visit your child/children anytime you wanted to.

If the visitation turns out to be detrimental to the best interests of the child, the court may step in and terminate visitation rights.

DIETHER OCAMPO's MARRIAGE to KRISTINE HERMOSA - DECLARED NULL AND VOID

Diether Ocampo’s Marriage to Kristine Hermosa has been declared null and void from the beginning by the Court Of Appeal. Abante Newspaper dated February 11, 2009, has published the most popular issue of annulment between these two celebrities.

As far as we remember, Kristine primarily filed the annulment of her marriage to Diether Ocampo last June 21, 2005. She argued that a marriage was not given during the marriage ceremony that was solemnized by Mayor Antonio Esquivel last September
21, 2004 in Jaen, Nueva Ecija.

After more than two years of fighting and waiting for her annulment case finally has been served and…. finally granted.

…The Court of Appeal explained also that the Absence of a Marriage certificate, being an essential element for the marriage to be valid, rendered the marriage null and void from the beginning.
Court of Appeal added that the absence of the primary requisites is a vital element to prove the marriage between two persons. It also elucidated that the marriage of Diether and Kristine has been invalid from the beginning.

A part of the decision read: “The absence of any of the essential or formal requisites shall render the marriage void from the beginning. It is a Hornbook doctrine that findings of the facts of trial courts are entitled to great weight on appeal and should not be disturbed except for strong and valid reasons.”

SPOUSAL SUPPORT LAWYER

... Looking for SPOUSAL SUPPORT LAWYER? My lawyer is also handling this kind of case. If you have the same sort of problem like Mendoza v. Parungao Case 49 Phil. 271, I can refer you to my lawyer.

In most cases, spousal support ceases when the marriage is annulled or declared void by the court. It has ended upon the remarriage of the other spouse. But if the action is not dissolve the marriage and the marriage is still valid and subsisting, spousal support is usually granted to allow the wife to become self-supporting at a standard of living reasonably comparable to the one she enjoyed during the marriage. A valid marriage is necessary for spousal support to have a legal foundation.

Spousal Support and a valid marriage are co-terminous. Once the final judgment granting the petition of annulment of marriage the obligation of mutual support between the spouses ceases according to ARTICLE 198, Family Code. Once the marriage has been declared void or annulled, the duty to provide spousal support also ends based on the case of Mendoza v. Parungao, 49 Phil. 271.

WHO SHOULD HAVE CUSTODY OF YOUR CHILD?

The Court system investigates every parent and decides what environment would be the best for the child if each of them is asking for sole custody of the child. But most of the cases the full custody of the child is with his mother and will just grant the father for part time visitation according to his time and availability. However, there are some cases that the mother is not qualified to raise his child due to some procedural reason and only his father has granted with full custody of the child. The court system will award with the child to see if there is a first choice in where he would like to live. It is always depend upon the situation.

If you would like to know more about this issue, my lawyer has a full knowledge about CHILD CUSTODY CASE and I can refer you to him.

Getting back your child has no corresponding price and to be with him is worth living for... :)

ANNULMENT AND DIVORCE IN THE PHILIPPINES

Divorce is not acknowledged by the Philippine Laws and it is the act of breaking off marriage ties due to different factors.
Divorce allows people to dissolve their marriage simply because they really wanted out of the relationship and enter a new one after all.
Divorce is basically being married first and then breaking up because it did not work out well…
Annulment is proving that the marriage is not real or legal due to different factors which make their marriage void from the beginning. Or if legally married, has to prove that one person in their marriage is psychologically incapacitated to grant the annulment.
Annulment is proving that there wasn't any marriage that took place at all.

LOOKING FOR CHILD CUSTODY ATTORNEY?

Are you scared of losing your child right after the divorce or annulment case? Are you a single father or mother who is combating for Child Custody? Winning on this Child Custody Fight is within reach…

My lawyer is also handling child custody case… so keep your child safe with you, do something essential move/action to fight for your rights. Prove to them that you deserve to have your child back to you.

Child Custody Attorney is all you need to get back the most precious person in your life... your child.

IF I MARRIED TWICE IN THE PHILIPPINES,DOES THE TWO MARRIAGES RECORDED IN NSO?

Yes... The two marriages if recorded properly in the city or municipality will absolutely appear in NSO. If your lawful spouse is still living in your initial marriage with no annulment, then you are legally responsible of the second marriage for BIGAMY (male). Your spouse in hypothetically second marriage can be charged for ADULTERY (female) also. Marrying twice or more (POLYGAMY) is considered Criminal Case by Law.

WORRY FREE AND FAST ANNULMENT RESULT

Are YOU looking for Worry Free and Fast Annulment Result? You know where to go... I can really help you find the best Lawyer in Town.

So stop worrying about the Past where you could really make a step forward and start a new LIFE with the One you truly Love… your Soul mate is just roaming around. Look for the best Partner in Life as still there is a new hope for everyone.

Everybody Deserves to be Happy!

ARTICLE 52 - FAMILY CODE

The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.

This Article will help prevent all arguments and claims related to the succeeding marriages of the contracting parties that may arise in the near future. So make sure that you’ll record the Judgment of Annulment or the judicial declaration of nullity of marriage in the appropriate civil registry.

CHI MING TSOI CASE 1997

If you would still remember the Chi Ming Tsoi case 1997, it has a huge relevant on the story I am writing as this is the grounds why their marriage declared null and void after winning the case.

Their marital history goes wrong when Ching’s wife, Gina alleged her that after almost 10 months of being married nothing has happened… they never had sexual intercourse which leads their relationship to unpleasant legal consequences. They have not known that one of the vital marital obligations under the Family Code is to PROCREATE CHILDREN…

In this case I have found out that “Total sexual abstinence can really destroy marriage”. While the case is on-going then the Supreme Court held that the prolonged refusal of a spouse to have sexual intercourse with his or her spouse is considered a sign of psychological incapacity.

Bear in mind that constant non-fulfillment of the obligation to procreate children through sexual cooperation is equivalent to psychological incapacity.

In the natural order, it is sexual intimacy that brings spouses wholeness and oneness. Sexual intimacy is a gift and a participation in the mystery of creation. It is a function which enlivens the hope of procreation and ensures the continuation of family relations.

I have learned a lot from their story. So if this story is somehow related to you like what you’re going through at the present time, you don’t need to bother anymore as there is a law now to protect and comfort you from this catastrophe.

VOID MARRIAGES FROM THE BEGINNING

Through this article you would know the validity of your marriage whether it is legal or shall be voided by the Court if found committed one of these laws from EXECUTIVE ORDER NO. 209 - Family Code of the Philippines.

Article 37
Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.

Article 38
The following marriages shall be void from the beginning for reasons of public policy:

1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

2) Between step-parents and step-children;

3) Between parents-in-law and children-in-law;

4) Between the adopting parent and the adopted child;

5) Between the surviving spouse of the adopting parent and the adopted child;

6) Between the surviving spouse of the adopted child and the adopter;

7) Between an adopted child and a legitimate child of the adopter;

8) Between adopted children of the same adopter; and

9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.

ARTICLE 36, FAMILY CODE

A marriage contracted by any party who, at the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.

10 RULES GOVERNING PSYCHOLOGICAL INCAPACITY CASES

These are the Supreme Court Guidelines in the interpretation and application of Article 36 based from the book of “The Law on Annulment of Marriage”.

1. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.
2. The root cause of the Psychological Incapacity must be:
a. medically and clinically identified
b. alleged in the complaint
c. sufficiently proven by experts
d. clearly explained in the decision
3. The incapacity must be proven to be existed at the time of the celebration of marriage. The evidence must show that the illness was existing when the parties exchanged their vows.
4. The incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolute against everyone of the same sex.
5. The illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Mild charactereological peculiarities, mood changes, occasional emotional outbursts cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not refusal, neglect or difficulty, much less ill will.
6. The essential marital obligations must be embraced by Article 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the Family Code in regard to parents and their children. The non-compliance of these marital duties must be stated in the petition, proven by evidence and included in the decision.
7. The interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church of the Philippines, while not controlling, should be given great weight by our courts.
8. The Trial Court must order the prosecuting attorney and the Solicitor General to appear as Counsel for the State (defensor vinculi).
9. No decision should be handed down unless the Solicitor General issues a certification which will be quoted in the decision, briefly stating his reasons for his agreement or opposition to the petition.
10. The Solicitor General along with the prosecuting attorney shall submit the certification within fifteen (15) days from the date the case is deemed submitted for resolution by the court. (Republic of the Philippines v. CA and Molina, 268 SCRA 198).

PREPARING FOR MATRIMONIAL LITIGATION

1. Find a competent and reliable attorney who specializes in family law and matrimonial dissolution law.
2. Examine the contents of prenuptial agreements, if any, before proceeding any further.
3. Gather documents (such as marriage certificate, birth certificate and baptismal certificate of your children, land titles and deeds, inventory list of all valuable chattels, jewelry, cars, appliances, bank accounts, stocks, bonds, pension plans, investments, mortgages, personal loans, credit cards, tax return, asset and liability statements, insurance policies, medical reports and billings and social security earnings statement) and find lay witnesses to help you prove your case.
4. Retain qualified expert witnesses who are required to testify on the technical aspects of your case.
5. Save a financial war chest to cover all litigation expenses.
6. Negotiate a settlement agreement with your spouse that covers the division of community estate, spousal support pendente lite (while litigation is pending), child support, child custody, and visitation rights out of court.
7. If negotiation fails, explore other rational alternatives to resolve property, support, custody and visitation issues (such as mediation and arbitration).
8. Discuss, before separation if possible, a reasonable and liberal custody and visitation arrangement with your spouse. If this cannot be done, ask your lawyer to file at once for a court hearing for temporary child support, child custody and spousal maintenance.
9. If possible, keep the discussions with your spouse on friendly terms. Try to seek a common ground and minimize unnecessary conflicts with your spouse.
10. Try to avoid the temptation of representing yourself. Refrain from discussing your case with anyone other than your attorney.
11. Secure a temporary freeze order from the court to prevent assets from being dissipated and squandered by your spouse.
12. Initiate discovery proceedings early to identify and recover hidden marital assets, including the annotation of an adverse claim, implied trust, power of attorney or lispendens at the back of the transfer certificates of title of real estate which are believed to be marital property.

CHECKLIST OF EXPENSES FOR ANNULMENT CASE

1. Legal Filing Fees
2. Paralegal Fees
3. Expert's Fees
4. Attorney's Fees
5. Investigation Fees
6. Discovery Expenses
7. Copying Services
8. Publication Charges
9. Service of Summons
10. Stenographer's Fees
11. Reimbursement of Witnesses
12. Interpreter's Fees
13. Postage and Phone Charges
14. Travel Costs

ANNULMENT PROCEDURE IN THE PHILIPPINES

Below are the “Annulment Procedures” under the Rules on “Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages” which my Lawyer has discussed with me during the Petition of my annulment.

1. Preparation and filing of the petition.

The petition may be filed, at the option of the spouse who filed it (called the “petitioner”), in the Family Court of the province or city where the petitioner or the other spouse (called the “respondent”) resides for the last six months prior to the date of filing, or in the case of a non-resident respondent, where he/she may be found in the Philippines.

An Overseas Filipino Worker (OFW) may file the petition even while abroad. Incidentally, upon filing of the petition or anytime thereafter, the court may issue provisional and protective orders.

2. Service of Summons.

This is giving notice to the respondent. Where the respondent cannot be located at the given address or the whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may be done by publication. This is crucial because the court cannot validly proceed without service of summons.

3. Answer.

The respondent must answer within 15 days from service of summons (or within 30 days from the last issue of publication in case of service of summons by publication). Unlike in civil cases, the respondent in annulment proceedings is not declared in default if no answer is filed, but the public prosecutor shall be ordered to investigate whether collusion exists between the parties.

4. Investigation report of public prosecutor.

The public prosecutor prepares a report on whether there is collusion between the parties. If the court is convinced that collusion exists, it shall dismiss the petition; otherwise, the court shall set the case for pre-trial conference. The Rules dispensed with the requirement, as provided in Molina, that the Solicitor General issue a certification stating his reasons for his agreement or opposition to the petition.

5. Pre-trial conference.

During the mandatory pre-trial conference, the court and the parties deal with certain matters, such as stipulation of facts, for the purpose of expediting the proceedings. The petition may be dismissed if the petitioner fails to appear during pre-trial. At this stage, the court may also refer the issues to a mediator who shall assist the parties in reaching an agreement on matters not prohibited by law (no compromise allowed in civil status of persons, validity of marriage or of legal separation, grounds for legal separation, jurisdiction of courts, and future support and legitime). The court may also require a social worker to conduct a case study and submit a report at least 3 days before the pre-trial conference, or at any stage of the case whenever necessary.

6. Trial.

This is the stage where the ground for annulment is proved and opposed. The court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case.

7. Decision.

After the trial proper, the court renders its decision, which is different from the Decree of annulment. A decision, whether granting or dismissing the petition, becomes final upon the expiration of 15 days from notice to the parties.

8. Appeal.

The aggrieved party or the Solicitor General may appeal from the decision within 15 days from notice of denial of the motion for reconsideration or new trial.

9. Liquidation, partition and distribution, custody, support of common children and delivery of their presumptive legitimes.

These are done upon entry of the judgment granting the petition.

10. Issuance of Decree of annulment.

The court issues the Decree after:

a. Registration of the entry of judgment granting the annulment in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the court is located;
b. Registration of the approved partition and distribution of the properties of the spouses in the proper Register of Deeds where the real properties are located; and
c. Delivery of the children’s presumptive legitimes in cash, property, or sound securities.

11. Registration of the Decree.

The Decree must be registered in the Civil Registry where the marriage was registered, the Civil Registry of the place where the court is situated, and in the National Census and Statistics Office.

... It is also advisable to always coordinate and get in touch with our Family Lawyer for proper guidance and information.

Q and A ---) Annulment in the Philippines

ANNULMENT FREQUENTLY ASKED...

Q: What documents do I need to submit for the proceeding of my annulment case?
A: You will have to submit the following documents to your Lawyer:
1. An authenticated copy of your marriage certificate (NSO Copy)
2. An authenticated copy of the birth certificates of your children (NSO Copy)
3. Marital History

Q: Can we file for an annulment in the Philippines while working abroad (OFW)or even living abroad?
A: Yes, you can file your annulment while working overseas (OFW)nor living overseas but you have to go back to our Country for the Psychiatrist Evaluation and Pre-trial to testify.

Q: How much does the annulment procedure cost?
A: It cost for about PHP140K Annulment Package for Non-complicated Case - this includes filing, civil registry and NSO Ammendment, non-appearance hearing, psychiatrist, etc. It is also depends mainly on how easy or hard your case is. Complicated Case would be Additional cost.


Q: What is the best city in the Philippines to file my petition of annulment?
A: Some of the annulment cases must be done within the Province Area for fast annulment result. It's came from the other parties who have gone the same procedure as I did last two years.

Q: How long does it take to get an annulment?
A: At least six months... it depends on the procedure how hard or easy your case is.

Characteristic of a Good Attorney-Lawyer-Legal Counsel

The purpose of this column is to improve the relationship between attorneys and clients. I hope that by providing insight into the legal mind, you can establish a more effective relationship with your legal counsel.

The following are my thoughts regarding the characteristics of a good legal counsel:
1. A good attorney is independent. In order for your attorney to be effective, he must be independent from you and from any other entangling alliances which might prevent him from giving a completely candid and objective opinion. If the attorney is afraid of losing your business, it is at least possible that he or she will tailor advice so as to make it more palatable. Even the possibility of that occurrence taints the relationship. Independence is essential.

2. A good attorney is responsive. One of the most common complaints I hear from clients regarding attorneys is their lack of responsiveness. They may fail to return phone calls, or delay in producing necessary correspondence or documents. The hallmark of a good professional is accessibility. Thus, you must be able to get through to your attorney within a reasonable period of time by telephone. Ideally, the attorney will take your call immediately. If he is unable to take your call, he should return it at his earliest convenience. He will also produce documentation as promised and in any event in a timely enough manner for it to be effective and to fill its purpose. If you find your attorney is not responsive, call your dissatisfaction to his attention. If he remains unresponsive, find another attorney.

3. A good attorney is candid. This trait is tied to independence. Attorneys are often bearers of bad tidings, but much like a doctor, a less than honest diagnosis is useless at best and could be dangerous to your welfare. Any doubt in your mind regarding your attorney's candor will compromise the relationship and make you question his judgement.

4. A good attorney delivers solutions. Problem solving consists of two steps:
a. Properly identifying the problem; then
b. Creating the most practical solution.

For an advisor to provide only problem identification without suggesting a solution renders the advice useless. This is probably the second most common complaint I hear from clients regarding attorneys: They fail to offer practical useable ways to solve problems. If you find this trait in your attorney, find another attorney.

5. A good attorney bills fairly. Fair billing consists of billing only for time actually spent (or otherwise in accordance with the applicable fee agreement) but it also includes billing for all time devoted to a client matter. A good attorney will be economic in his application of time to your case, but he will apply all necessary time to the solution of your legal problem. Thus, he should expect to get paid only for the work he actually does (or time he incurs). By the same token, you should expect to pay for all of the work you receive. Failure to abide by either principle creates fatal flaws in the attorney/client relationship, which will lead to its demise on unsatisfactory terms.

6. A good attorney takes human factors into account. Law is a profession. It is regulated by certain rules and principles, and despite certain public opinion, it is fundamental to maintenance of a free democracy. While an attorney has a duty to know and apply the law, he also has a duty to provide counsel which acknowledges the imperfections and foilables of the human condition. A good attorney will bring this attitude not only into his relationship with you, but also into the advice he gives you with respect to your dealings with the other side. This sense of humanity is partly innate and partly a function of experience, but it is critical to mature legal advice. If your attorney lacks this sense of humanity, find another attorney.

7. A good attorney remains current. It is critical for attorneys, just as it is for doctors or dentists or any other professional, to remain current in his chosen professional field. A legitimate (but seldom asked) question for a new client of his attorney is the most recent professional seminar the attorney attended in the relevant field. If the attorney's continuing education in that field is more than one year old, question whether the attorney is current.

8. A good attorney attempts to resolve your legal problem at the lowest possible cost, all things considered. Part of the "art" of being a good business lawyer is solving a client's problem at the lowest possible cost. This of course assumes that the client's problem is one which will require some payment from the client to resolve. This will usually (but not always) cause the attorney to recommend against protracted litigation, and to institute serious settlement discussions at the earliest opportunity. Unless your attorney has a good idea of the availability and cost of all options early on in the case, he will be unable to maximize the result.

(This Article is coming from library.findlaw.com website for proper guidance)

Looking for Good Annulment Attorney?

The key to a successful annulment is a good lawyer. But the search for the right attorney to handle your case is particularly mind-boggling in the Philippines because, as a matter of practice, most Filipino attorneys do not advertise in the media due to ethical constraints (Rule 2.03 and Rule 3.01, Code of Professional Responsibility). Most Attorneys rely mainly on personal contacts and referrals to there remains a prevailing blackout of information about legal professionals in the Philippines. This awkward situation creates problems for consumers who are trying to locate the right attorney who could help them with their family law problems. Some major newspapers carry advertisements for "annulment experts" but these "law firms" are usually "referral companies" manned by paralegals and non lawyers who front for lawyers who wish to avoid ethical problems.

If you are looking for good lawyer to handle your family law problems do not hesitate to put a comment on this article and so pleased to help you solve your problem.

You won't be disappointed on this promise!

Legal Separation means...

Furthermore, my Lawyer has discussed with me also about the terms of Legal Separation. He told me that Legal Separation does not dissolve your marriage. Marriage is not defective and therefore considered valid. The Prosecuting Attorney is still mandated to stand guard to avoid connivance between the parties and to prevent that the evidence is not fabricated or suppressed. You cannot remarry even after the decree of legal separation has been granted.

He said that there are ten (10) grounds for Legal Separation. The predominant spousal conduct required in legal separation cases is either criminal in nature or deviant behavior. These are as follows:

1. Repeated physical violence or grossly abusive conduct.
2. Physical violence or moral pressure to compel the other spouse to change religious or political affiliation.
3. Attempt to corrupt or induce engagement in prostitution.
4. Final judgment of conviction in a criminal case.
5. Drug addiction and alcoholism.
6. Lesbianism and homosexuality.
7. Bigamy.
8. Sexual infidelity or perversion.
9. Attempt against the life of the other spouse.
10. Abandonment for over one year (Article 55, Family Code).

The prescription period for actions for Legal Separation is five (5) years from the time of the occurrence of the cause (Article 57, Family Code). Some of the grounds for legal separation are acts or conduct that could be used to form the basis of “psychological incapacity” in actions for the declaration of nullity of marriage (Article 36, Family Code).

Legal Separation is not for everyone because only the offended (innocent) spouse may file and win it. The offending (guilty) spouse is barred from filing it. Recrimination or when both parties are in pari delicto (equally guilty), pardon or consent from the offended spouse, prescription, collusion and unclean hands are effective defenses in legal separation (Article 56, Family Code). If both parties are offenders, legal separation will not be granted.

Legal Separation is unlike the action for the declaration of nullity of marriage based on psychological incapacity (Article 36) where relief will still be granted even if both parties are found to be psychologically incapacitated.

That would be one of the area under discussion about the Legal Separation which my Lawyer have required me to be acquainted with.

.. and a lot more to utter…
…….till next issue.

GROUNDS ---- ) The Two Most Popular Remedies to Dissolve Marriages

In addition to what I have wrote hereunder according to my Lawyer, there are many grounds for these two remedies. Take your pick, your case may properly fall into one of the numerous legal pigeonholes.

A. Action for Annulment (Voidable Marriages)

1. Lack of parental consent(18 years old but below 21).
2. Consent obtained throug fraud.
3. Consent obtained through force, intimidation or undue influence.
4. Insanity or unsoundness of mind.
5. Impotence or physical inability to consummate the marriage.
6. Affiction with sexually transmissible disease.

B. Action for the Declaration of Nullity of Marriage (Void Marriages)

1. Underage (below 18 years of age, even with parental consent).
2. No authority to solemnize marriages.
3. Bigamy and Polygamy.
4. Psychological incapacity.
5. Subsequent marriage after failing to record annulment or declaration judgement
of annulment or declaration of nullity of marriage with the civil registry.
6. Incest.
7. Breach of public policy.

My Annulment First Step...

Early morning of February 5, 2007 a friend of mine accompanied me to his Lawyer to introduce him and discuss also with me all the important matters concerning the above subject. He enumerated all these information that I should bear in mind before proceeding. These are as follows:

1. GROUNDS – PSYCHOLOGICALLY INCAPACITATED
This is the ONLY one that works. I won’t bother explaining why. If one of you is loony then it’s unfair for the other one to be in the marriage. But there’s a catch to it. It has to be proven that the lunacy had been there even before the marriage.

2. IT HAS TO BE UNCONTESTED
The reason why annulments drag on is that one party will file a counter affidavit. Because the Philippine Family Code’s mission is to “preserve the Filipino family”, a counter affidavit is seen as an indication that the marriage can still be saved. I agreed to cover all expense. Because I know that he will never admit that he is the cause of the break-up and that he will never agree to be the loony party, I had to be the respondent to the case and because I’m the respondent, I can guarantee that it will definitely be UNCONTESTED. Now, why would I file a counter-affidavit, right?

3. PROOF THAT THERE WAS NO COLLUSION
The court will want to know that the annulment is not scripted. That is why it is important that the respondent never show his or her (in my case, my face) in court. They don’t want to make it too obvious that they were not really following proper court procedure.

A lot of things should be done and still need to know and my Lawyer preferred to start my annulment as soon as possible. He also advised me to remain brave as we go on to this process.

… He then asked me to prepare my Marital History which is one of the requirements for filing, NSO copy of our birth certificate included my son and NSO copy of our Marriage Certificate...... ........

FAST ANNULMENT - LESS EXPENSIVE

As I am observing the world, nowadays, most of the women have talked and discussed about the issue of separating from their respective husbands due to various reasons. The most common problem is third party or let us call it simple as other man - woman, their individual differences, vices like casino, smoking, too much drinking, etc.

For these women, Annulment is the only avenue to take to end their marriage. And to add some spice I am one of those women who have undergone a lot of sufferings with my ex-husband. For almost two years of being married to this "PIG" the meaning of happiness turned into hell. Our marriage did not work out well. Lot of factors that really distract me and make me so unhappy. Good thing a friend of mine talked to me and helped me to end it up. He referred me to his Lawyer who also handled his annulment. He told me that his Lawyer is not that expensive for Worry Free Annulment Petition , Php130k One whole Package. This includes Civil Registry and NSO Filing for Amendments, non-appearance hearing, Psychiatrists, Filing of Petition, etc... and the most important above all is he could make it for at least six months of waiting period to finish the case.
With this, I have decided to file my annulment and like what my friend told me it was only six (6) months of waiting for the court decision and finally has been served.