Annullment thread 3

[glysolid_clarins]

hello po..mostly kapag umabot sa court of appeals ilang mos yon na-aapprove?and may chance na ba talaga kapag sa court of appeals na? tnx..

[Lonely_missus]

I would like to ask for legal help with regards to my present situation. I am 30 yrs of age, legally married to a retired military american (24 yrs my senior) since Dec 2012 (2yrs 1/2 married now), no children. During the course of our relationship, it is very evident that he has a severe anger management problem and is also violent at times. I can honestly say that i have been emotionally, psychologically abused and somewhat socially aggrieved as well. He can be an alcoholic (though he stopped for 2 months now). He is also very fond of bad mouthing my family.

Apart from these, he also have a SEVERE infidelity issues. I caught him a number of times cheating on me over women (one tranny even) he got from dating site, casual hook up sites, craiglist,mobile site apps (eg. wechat, tinder etc) even from referral from someone he knew (as odd as it sound, yes).

We separated early this year (more like an abandonement on his part because he left with the intention of leaving me behind without a formal talk or whatsover), however we reconciled sometime in April. Just a week ago, I caught him doing the same thing again. He left the house last Monday without even telling me and hasn't gotten back since then. I was able to log on to his email thereby letting me see a payment confirmation he made last sunday to a condo rental for 7 days in BGC. I was also able to see his email logs with his friend in Angeles, saying that he will go to Hongkong in August then just travel around the country -- obviously with no intention of discussing things with me.

Truthfully, I have already asked for an annulment on the second cheating incident but he avoided the discussion like a plague which led him to leave the house then. It occurred to me that now he's doing it again. I remember him saying days ago that he will not process annulment so that I will never get to remarry again. In addition, he also repeatedly and bluntly said that he will make sure I will not get anything from him. I wasn't after anything but a lot of people around me is telling me that I need to fight for what I deserve. He is very confident that he will get away with whatever he's doing because no justice prevails here anyway, as he claims.

Lastly, he also left me with a huge house with big rental fee. Granted, i can tell our landlord that I can no longer pay, but the hassle of doing everything on my own is just too much. Unfortunately, although I work i am financially dependent on him for the most part.

I probably cannot afford the expensive fees for annulment, but is there a way that I can demand for him to pay?

I badly need assistance and guidance.

Thanks in advance!

[secretterces]

Hi everyone!

Looking for a legal advice re my present situation.

I'm considering filing for nullity of marriage since nabasa ko that absence of any formal requisites of marriage is a ground for annulment / nullity. In my case, we did not obtain a marriage license (because we don't know na kelangan pala nito).

But medyo naguguluhan ako kasi when I asked yung local civil registrar where we got married, valid daw yung kasal namin and yung marriage license is nasa NSO na. In fact, when I look at our marriage cert, we do have a marriage license number.

How can we have one if we did not obtain naman in the first place? Is my marriage valid?

Thanks in advance sisses... :confused:

[rochelle1025]

^Have you requested for the NSO copy? If you don't have a marriage license number, that is grounds for annulment. Madaling ipa-annul yan. San kayo nagpakasal, matanong ko lang?

[secretterces]

rochelle1025: Thanks sis! We got married sa Palawan (beach wedding). NSO copy na yung pinadala samin ng pastor namin. May marriage license number sa Marriage Certificate eh. Naguguluhan lang ako kasi, hindi naman kami kumuha ng marriage license eh pano kaya kami nagkaroon nun. 

[rochelle1025]

Sa mga na-annul na. Do you ladies remember if you had to talk to anyone sa OSG? Or deadma ninyo na pagdating ng papers ninyo sa OSG?

[Chili1113]

^Better if you have a contact sa OSG. My lawyer had one and we used his contact to get updates re where my papers were, and who was assigned to review my case etc. etc. This is the Philippines so any time meron kayo contact the better hehe Wala naman kami binigay na anything to the contact. Except after I got the certificate of finality I sent lang a t-shirt to say thank you for updating us.

[Queen Chokolah]

rochelle1025: Thanks sis! We got married sa Palawan (beach wedding). NSO copy na yung pinadala samin ng pastor namin. May marriage license number sa Marriage Certificate eh. Naguguluhan lang ako kasi, hindi naman kami kumuha ng marriage license eh pano kaya kami nagkaroon nun. 

Yes valid pa rin ang kasal nyo kasi nag pirmahan kayo ng marriage contract. Pero kung walang marriage license, mataas ang chance na ma grant ang annulment (or technically nullity) of marriage

If you didn't apply for a marriage license at all, malamang fixer yun. And usually kung ganitong may hokus pokus, hindi totoo na may marriage license. Basta lang may mailagay na license number. ang gawin mo sis, punta ka sa local civil registry (someone please correct me if I'm wrong) and ask for a copy of that said marriage license number. Tapos pag nakuha mo na, tingnan mo kung sa inyo nga yun. Minsan kasi pag nagrerequest it turns out na hindi pala sa kanila yung marriage license, sa ibang tao pala. So ganun yung ginagawang evidence for annulment. Kung sa inyo nga naka pangalan, baka may pinirmahan kayo or something and inasikaso na ng iba on your behalf. 

[Queen Chokolah]

Question lang mga sis. Once na release na yung certificate of finality, is there any chance, at all, for whatever reason na ma re-open or ma appeal yung case? Or is the certificate of finality true to its name na FINAL na talaga as-in no appeals or re-opening na? Tia!

[rochelle1025]

^Sis, yung Certificate of Finality ba yung document na puwedeng ibigay sa SSS/Pag-Ibig, etc para makapagpalit ka ng ID?

[Sweety0508]

Hi mga sis, its been so long since I filed an annulment, 2012 and then I
Received the decision through lawyer na na grant na ng judge however it was submitted for review to sc last year. Until now wala pa din balita even from the lawyer that I hired nawala na din parang bula. Sis I badly need help, do I need to get a new lawyer ba uli to be my representative for follow ups sa sc? Or i'll just wait na lang but don't know until when. I'm here working in abroad that's why medyo mahirap mag follow up..

Hi Sis, ano na nangyari sa case mo?
Same issue din with my bf, he filed an annulment last 2012, until now wala pa din balita from his lawyer. 

[rochelle1025]

@ella28me, medyo lost lang ako. Sabi mo "pero sa ngayon po the x wife she want to sign regarding the petition for annulment i dont know what kind of petition but she says to us he need to sign para daw po mawalang bisa na ang kasal nila."

Are these divorce papers? Walang pinipirmahan pag annulment unless ang sinesettle siguro is yung property kaya may pirmahan. Pero kung annulment papers ang pinapapirmahan, bawal yun kasi collusion yun. Mas lalong hindi maggrant yung annulment.

^@Sweety0508, bakit hindi tanungin ng BF mo yung lawyer? Nagdisappearing act na yun lawyer? Masyadong matagal na yun 2012 na wala kayong balita kahit man lang hearing schedules.

[joc1128]

Questions, Sisses!!! Please take time to answer po to those who have knowledge.

 I'm separated since 2010. Yung kasal namin ng ex husband ko is just signing of marriage contract sa house nila back in 1999. No officiating priest or judge. dala lang ng cousin ng ex husband ko yung contract who back then was working in QC City Hall. We both signed. I was 21 yata that time and he was 22. His cousin (the one who brought and acquired the contract from CT Hall) and his mom were there so im guessing pwedeng sila yong nag witness sa signing of contract. But the essential informations like the name of the priest, the church, the date of marriage and my address lahat yon false information. wala naman kase ceremony na nangyari.

I want to file for Annullment, mapapadali kaya ang case ko?
Around how long does it usually take to grant the petition? Also, i left my ex husband back in 2010 because he was a drug addict and i was a battered wife.
Sa mga nakapag file na ng annullment at na grant na yung petition, baka pwede pa refer naman ng lawyer.

One more thing, i heard kahit nasa abroad pwede mag file. Pero my friend told me hindi daw totoo yon. I'm currently in Japan for work and will go back middle of next year.

TIA!

[rochelle1025]

^Sino nagkasal sa inyo?
Did you have a marriage license?

[joc1128]

Walang ceremony whatsoever. Basta we just signed the marriage certificate na dala ng cousin ng ex ko and that's it.

I don't know, sis. Different ba yung marriage license sa marriage certificate? How will i know if i have a marriage license? I checked my CENOMAR though. Naka register kami sa City Hall.

[rochelle1025]

^Here's what you do muna:
Apply for CENOMAR via NSO website (https://www.ecensus.com.ph). If may CENOMAR ka, it means hindi ka married. Otherwise, hindi ka makakuha ng CENOMAR.

If you don't have CENOMAR, punta ka sa city hall and ask for a copy of your marriage contract. Your marriage contract should indicate (bandang ilalim) kung sino yung officiating officer, ano yung license number nya, at yung marriage license #, etc. Kung walang marriage license # na nakalagay dun, puwede mo ifile ng annulment yun (on technicality). You need a marriage license before you can get married, eh.

[mooi69]

^Once you have a Certificate of Finality that's it! =) There's no way that the spouse can appeal that from what I know.

For your reference here is a link explaining what happens after the court grants and issues a decision to annul a marriage.
http://www1.lepitenbojos.com/index.php?option=com_content&view=article&id=221:process-in-annotating-a-decision-of-nullity-of-marriage&catid=54:legal-notes-on-annulmentnullity-of-marriage

FYI sometimes super TAGAL before your marriage certificate is annotated. I received my Certificate of Finality early 2014. Up to now my marriage certificate hasn't been annotated. It is so annoying because ang bagal talaga.

Sis Ikaw lahat ang mag asikaso lahat if gusto mo mapadali ganon kasi ginawa ko stressful lang talaga 3 months inabot from LCR to LCR to NSO.

[blue_sky]

any sissies here na may experience firing an atty? balak kong mag-change ng attorney but sana yung ipagpapatuloy pa rin ang case ko sa same RTC (in Binan)... pwede ba yun? or should I withdraw and re-file the case? It has been 4 years and wala pa rin progress ang case ko.. Ang sabi ng attorney ko, we are awaiting the second trial nah but I just found out na kahit pre-trial, wala pa pala... I'm so devastated! Ang hirap kapag wala sa Pinas to monitor my case.  what's the best thing to do?

[Girltalker2]

Hello to all,

Mga sissy, please help find a good and affordable lawyer for my annulment here in Cavite or nearby areas. I badly need your HELP. I had my sad experience with my previous lawyer who did not attend to my case in 2007. Please ayoko ng maulit ang bangongot na yon because it's taking my hard earned money.
Please help me po.

Salamat.

Pm me if you're still interested for a lawyer in Cavite. He processed my annulment.

[Girltalker2]

any sissies here na may experience firing an atty? balak kong mag-change ng attorney but sana yung ipagpapatuloy pa rin ang case ko sa same RTC (in Binan)... pwede ba yun? or should I withdraw and re-file the case? It has been 4 years and wala pa rin progress ang case ko.. Ang sabi ng attorney ko, we are awaiting the second trial nah but I just found out na kahit pre-trial, wala pa pala... I'm so devastated! Ang hirap kapag wala sa Pinas to monitor my case.  what's the best thing to do?

Bakit ganun? Dapat hanap ka ng referral na reliable attorney. I'm also based abroad. Hindi ko masabi na 100% contactable lawyer ko but he was referred to me and delivered naman. 2 years+, Halos 3 years+ because of the final procedure sa City Hall/NSO.
Na co contact ko naman sya, di nga all the time. Tsaka once lang nya ko pinapunta sa pinas for the trial. After nun, sya na lahat nag asikaso. 

Sa case mo, Baka need mo kausapin lawyer mo pag bumisita ka ng pinas. Set the appointment and Pag usapan nyo timeline at bayaran. I'm sure you visit pinas naman di ba at least once a year, so usap kayo ng maayos. (Almost) Impossible tumagal ang case ng ganyan na di gumagalaw. Baka na dismiss na case mo di mo pa alam.

Before you withdraw/refile the case, consult muna with your second lawyer if he is willing to take over. If ok Tsaka mo lang i-withdraw case mo at pa asikasuhin sa 2nd lawyer (new) kaso mo.