Marriage without license : null and void?

[cel!nsk!]

Hello.

I have a friend. She was married for 13 years and was abandoned by the guy about 7years ago.
The guy married another woman and settled in the US. The guy went home last year and she had him arrested for bigamy.
Latest update on their case is null and void daw from the start kasi wlang license filed don sa municipality na indicated sa marriage contract. Both marriages ganon, it turned binata pa tong babaerong ex-hubby ng friend ko. Ganon ba talaga yun. Are there any other considerations?

[17arci]

The license is what actually binds and proves the marriage. Not the photos, not the rings, not the contract (since hindi nai-file, it's not a binding contract). No license, no marriage. So wala talagang habol yung friend mo.

[cel!nsk!]

Sad naman... Will tell her..

[zoeymaicaboo]

can you elaborate on your story sis?
my guess is your friend filed a criminal case for bigamy and the guy in return filed a civil case claiming the nullity of their marriage for lack of a valid marriage license -so there hasn't yet been a judicial declaration of nullity of their marriage prior to the bigamy case? the is this right sis? correct me if i'm wrong ha

there is bigamy when  the second marriage was entered into while the first marriage is subsisting. And a subsequent declaration of nullity of marriage (sa first marriage) will not erase the fact that the guilty party committed the bigamous act; i.e.  the outcome of the civil case for annulment of marriage will not affect  the criminal case for bigamy, since all that is required for a  for bigamy charge to prosper is that the first marriage is subsisting at the time the second marriage is contracted.

ito kasi ang usual defense/delaying tactic pag nag remarry yung other spouse who is charged with bigamy - mag file din ng case for nullity of marriage claiming na null and void yung first marriage.
 
But under the law, as long as there has not yet been a judicial declaration of nullity of a marriage, such marriage is presumed valid. So in the sample case i gave above, kahit na ma-declare later na null and void pala ang first marriage, this doesn't mean na goodbye na rin kaagad ang bigamy case
hope this helps sis

[cel!nsk!]

Yes sis. That's the case of my friend. May magagsling na lawyers ba for this case? Apparently her lawyer is advising her to drop the case. Walang kwenta di ba.

[zoeymaicaboo]

we can't conclusively say if tama or not ang suggestion ng lawyer since we don't really know the specific circumstances surrounding the case. i guess she can find a lawyer sis who specializes on these kinds of cases sis. a second opinion won't hurt

[cel!nsk!]

Pano po maghanap? Me particular law office po ba? nasa it field kc kami kaya clueless kmi hehe

[cel!nsk!]

Tnx mga sis ha.. Had forwarded etong link ng thread to her

[zoeymaicaboo]

if she wants sis, she can try going to the DOJ Action Center or ask PAO lawyers first for assistance.  She can also try NGOs that help with violence against women cases.
Perhaps you can also ask for another lawyer's opinion regarding the possibility of filing an abandonment  or marital infidelity case against her husband under RA 9262 (Anti-Violence Against Women and Their Children Act of 2004).

Ask her to post her story here na lang so other GT members can help out.  We don't know the full story kasi so it's hard to make suggestions - factors like her husband's citizenship; whether he is currently in the Phil., the reason why her lawyer suggested she drop the case, etc...

[snowberry]

Hi mga sisses na lawyers , I hope you can help me.

I just recently discovered that my husband of 25 years has a son with another woman prior to our marriage . The son  introduced himself to my daughters thru friendster 3 years ago without my husband  and me knowing it.  It seems that his whole family knows this and that they kept it a secret from me this long. Now, I asked this son if his mom was married to my husband  and he said that his tita said they were, but doesn't know the exact date . This son grew up with his tita since may sariling family na rin ang mother nya.

My questions are:
1. Can NSO provide me with their marriage contract?
2. Is our marriage considered null and void because of this?

I would be happy if walang bisa na nga ang kasal namin because I wanted to separate from him....

Hope someone can enlighten me .
TIA

[zoeymaicaboo]

^hi sis snowberry!  you can request for a certificate of no marriage (CENOMAR) from the NSO.  If in case you find out that there was indeed a previous marriage, you can file a case for nullity of marriage.  You can also file a case for bigamy against your husband (he may be imprisoned for this).
If there is no previous marriage, your discovery that he has a son with another woman, which as you said was prior to your marriage, will not in itself invalidate your marriage.

[switblububbles]

Pag merong certificate of marriage sa NSO valid ba yun?
Di na kase kame ngapply ng license? Pano yun?

[zoeymaicaboo]

^hi sis switblububbles, you need a valid marriage license.

the NSO marriage certificate alone should not be a basis for the validity of a marriage as it is only a "prima facie" evidence/record of the facts surrounding the marriage. 

Under the Family Code, the following are the requisites of a valid marriage:

Essential requisites:
1. Legal capacity of the contracting parties, who must be male and female;
2. Consent freely given in the presence of the solemnizing officer.

Formal requisites:
1. Authority of the solemnizing officer;
2. A valid marriage license except in the certain circumstances;
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.

- Absence of any of these requisites will render the marriage null and void ab initio (void from the very beginning) . 
- Any defect in the essential requisites render the marriage voidable or valid until annulled.
- An irregularity in any of the formal requisites does not affect the validity of the marriage.  However, the party responsible for such irregularity will be subject to criminal, civil or administrative liability.


Exceptions to the requirement of a marriage license:

a. In articulo mortis - Either or both of the contracting parties are at the point of death (even if the ailing party subsequently survives)

b. If the residence of either party is located in a place where there is no means of transportation to enable such party to appear personally before the local civil registrar

* In the above cases, the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis; or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage.
The affidavit, together with a copy of the marriage contract, shall be sent by the solemnizing officer to the local civil registrar of the municipality where it was performed within the period of 30 days after the performance of the marriage.

c. Marriages among Muslims or among members of the ethnic cultural communities - provided they are solemnized in accordance with their customs, rites or practices.

d.  a man and a woman who have lived together as husband and wife for [b]at least 5 years[/b] and without any legal impediment to marry each other.
*The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.


So unless your marriage false under the exceptions above, absence of a valid marriage license renders it void ab initio.

[babyboo.0326]

Please correct me if I'm wrong. Sa NSO nakukuha yung marriage certificate, right? How about the marriage license? How will you prove or know that there was no marriage license at the time of the marriage? Thanks!

[zoeymaicaboo]

^ hi sis, yup you can get a copy of your marriage certificate from the NSO.
With regards to the marriage license, you apply for it at the Local Civil Registrar of the city or municipality where either one of the contracting parties habitually reside, and you can also request for a copy from the same LCR. 
If for example upon requesting for such copy, the civil registrar issues a certificate stating na wala palang marriage license na na issue prior to the celebration of your marriage, then that can be used as a ground for nullifying such marriage.
hope this info helps

[babyboo.0326]

^thanks, sis! 

dadayuhin ko pa pala yun.. sa Caloocan pa kasi yun ni-file e, well at least yun ang nakalagay sa certificate from NSO

[mom@24born@30]

After reading this thread last night I'd just found out na wala pa pala kami marriage license. (halungkat docu kagabi) sorry for my ignorance, but my question is marriage certificate and marriage contract are they the same? I've also check din kasi yung sa parent ko 1987 marriage contract nakaindicate and sa akin last year marriage certificate. So kung same sila kahit pala sila parent wala pa license. :|

[mom@24born@30]

Sisses nacoconfused na talaga ko. Yung marriage license seperate docu ba siya sa marriage certificate? Kasi yung marriage certificate pala namin below nakaindicate yung marriage license number. Yun na ba yun?

[zoeymaicaboo]

^it's not the same sis
yung marriage license comes before the marriage certificate.  as the term "license" suggests, it's a prerequisite before getting married.  It is a permit issued by the civil registrar showing that you are legally free to marry.
the marriage certificate naman certifies na you are legally married. So it's prima facie proof na nakasal kayo.  you can get a copy from the NSO.

so if you think about it, it's similar lang to other licenses and certificates that we know of
like a driver's license for example, you need it before ka pwede mag drive. same concept din with marriage license.

the marriage contract is the agreement signed by both parties showing the terms and conditions of their marriage.

try mo mag ask ng copy of your marriage license from your local civil registrar sis

[maribel]

as I may add exception of getting marriage license applies if you and your fiance have lived together as husband and wife for atleast 5years, a marriage license is no longer needed. This is provided that both of you are above 25yo and unmarried. In this case, an affidavit made before a person authorized by law to solemnize a marriage would suffice.