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Showing posts with label annulment in the philippines. Show all posts
Showing posts with label annulment in the philippines. Show all posts

Friday, July 26, 2019

5 Years of Separation Can Be a Ground For Annulment Under New Bill




It is no secret that the Philippines is one of the very few countries in the world where divorce is not allowed. Aside from that, annulment in the country is considered by many as an expensive and tedious process. And because of that, many couples are tied in the marriage that is no longer working out. To end this kind of sufferings two congressmen filed bills pertaining to annulment and divorce in the country.  Surigao del Norte 2nd District Representative Robert Ace Barbers filed House Bill No. 205 that aims to amend some provisions of the "Family Code of the Philippines". Under his bill, marriage may also be annulled if the parties have been separated in fact for at least five years.  According to Barbers, his bill is base on the factual and existing marital condition of many Filipinos. He added that five years of actual separation would make the couples estrange enough that a possible reconciliation is unlikely to happen. Five years should have also made the parties “adjust and move on with their individual lives without further straining the relationship,” according to him.  On the other hand, Davao Del Norte Representative Pantaleon Alvarez has refiled the absolute divorce. Alvarez pushed the measures during his term as Speaker of the House of Representative in the 18th Congress and was approved on the third and final reading but failed to get approval from Senate.  The bill provides that after the divorce becomes effective, the marriage bonds will be severed and the former spouses will have the right to marry another person either by a civil or religious ceremony.  The measure also ensures that the proceedings for the grant of absolute divorce will be affordable and inexpensive, particularly for indigent litigants and petitioners.  A mandatory six-month cooling-off period will also be provided under the bill. During this period, the court will not start the trial for absolute divorce after the filing of the petition for six months to try to reunite and reconcile the parties.
It is no secret that the Philippines is one of the very few countries in the world where divorce is not allowed. Aside from that, annulment in the country is considered by many as an expensive and tedious process. And because of that, many couples are tied in the marriage that is no longer working out. To end this kind of sufferings two congressmen filed bills pertaining to annulment and divorce in the country.

Surigao del Norte 2nd District Representative Robert Ace Barbers filed House Bill No. 205 that aims to amend some provisions of the "Family Code of the Philippines". Under his bill, marriage may also be annulled if the parties have been separated in fact for at least five years.




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According to Barbers, his bill is base on the factual and existing marital condition of many Filipinos. He added that five years of actual separation would make the couples estrange enough that a possible reconciliation is unlikely to happen. Five years should have also made the parties “adjust and move on with their individual lives without further straining the relationship,” according to him.

On the other hand, Davao Del Norte Representative Pantaleon Alvarez has refiled the absolute divorce. Alvarez pushed the measures during his term as Speaker of the House of Representative in the 18th Congress and was approved on the third and final reading but failed to get approval from Senate.
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The bill provides that after the divorce becomes effective, the marriage bonds will be severed and the former spouses will have the right to marry another person either by a civil or religious ceremony.

The measure also ensures that the proceedings for the grant of absolute divorce will be affordable and inexpensive, particularly for indigent litigants and petitioners.

A mandatory six-month cooling-off period will also be provided under the bill. During this period, the court will not start the trial for absolute divorce after the filing of the petition for six months to try to reunite and reconcile the parties.

This article is filed under divorce, annulment in the Philippines, Family Code, legal separation, marriage, house bills, laws. 

©2019 THOUGHTSKOTO

Wednesday, March 07, 2018

What Would You Do If You Caught Your Partner In The Act Having An Illicit Affair?


Overseas Filipino Workers (OFW) work abroad to be able to give their family the best life they can possibly give. They can earn bigger salaries but the sad truth is that, there are still consequences of working abroad— broken relationships between parents and children, kids getting into vices and bad peers, spouses being unfaithful leading to infidelity and broken marriages, many resulted to divorce and annulment.
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Overseas Filipino Workers (OFW) work abroad to be able to give their family the best life they can possibly give. They can earn bigger salaries but the sad truth is that, there are still consequences of working abroad— broken relationships between parents and children, kids getting into vices and bad peers, spouses being unfaithful leading to infidelity and broken marriages, many resulted to divorce and annulment.  Advertisement       Sponsored Links       Have you ever imagined a scenario where you discovered that your supposed to be lifetime partner has an illicit affair with someone else and that they already have a baby?    READ: What Could Possibly Happen If The Legal Wife And the Mistress Meet?    As humans, people naturally act violent if their relationship with their partner is at stake. they could be physically violent and even pushed to the limit of hurting their partner, the third party or themselves.    Most often than not, these encounters result to violence or even tragic death.  In some instances, partners would hold their cool and remain calm. They could even forgive their partners but the damage was already done and it could never be undone especially when it has left a very deep mark.    OFWs are advised to keep in touch with their family back home and vice versa. Do net let even a hairline of gap between you and your husband or wife and even your children as well.  Infidelity can destroy the life of your family , moreso, the life of your beloved children.  Read More:  Former Executive Secretary Worked As a Domestic Worker In Hong Kong Due To Inadequate Salary In PH    Beware Of  Fake Online Registration System Which Collects $10 From OFWs— POEA    Is It True, Duterte Might Expand Overseas Workers Deployment Ban To Countries With Many Cases of Abuse?  Do You Agree With The Proposed Filipino Deployment Ban To Abusive Host Countries?  ©2018 THOUGHTSKOTO  www.jbsolis.com
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Have you ever imagined a scenario where you discovered that your supposed to be lifetime partner has an illicit affair with someone else and that they already have a baby?

In the video, a wife was furious and steaming in anger when she confronted her husband and his mistress. they even already had a baby. The wife couldn't help being violent, throwing a wild blow and slaps on the mistress and her spouse.
The identity of the wife in the video or whether she is an OFW or not is not very clear but the situation represents a possible scene to any married couple who had a communication gap not necessarily resulted from either of them works abroad or not.

READ: What Could Possibly Happen If The Legal Wife And the Mistress Meet?

As humans, people naturally act violently if their relationship with their partner is at stake. they could be physically violent and even pushed to the limit of hurting their partner, the third party or themselves.

Most often than not, these encounters result to violence or even tragic death.
In some instances, partners would hold their cool and remain calm. They could even forgive their partners but the damage was already done and it could never be undone especially when it has left a very deep mark.

OFWs are advised to keep in touch with their family back home and vice versa. Do not let even a hairline of a gap between you and your husband or wife and even your children as well.
Infidelity can destroy the life of your family, more so, the life of your beloved children.

This article is filed under: Filipino Divorce Lawyer, Divorce In The Philippines, Annulment In The Philippines, Legal Separation In The Philippines, Annulment Lawyers Philippines

Beware Of  Fake Online Registration System Which Collects $10 From OFWs— POEA

Is It True, Duterte Might Expand Overseas Workers Deployment Ban To Countries With Many Cases of Abuse?

Do You Agree With The Proposed Filipino Deployment Ban To Abusive Host Countries?

©2018 THOUGHTSKOTO

Friday, January 26, 2018

Congress Favors Bill That Will Legalize Church Decreed Annulment



Staying or trapped in a cold and loveless marriage? Are you of many Filipinos who are eager to have easy and cheap annulment process so that you can start a new life? Well, this is a good news for you!   Last Tuesday night, January 23 the House of Representatives approved on second reading the House Bill 6779 or “An Act Recognizing the Civil Effects of Church Annulment Decrees.”  The bill will abolish the long and costly judicial process of marriage annulment here in the Philippines.    Read: 10 Common Question About Annulment or Nullity of Marriage
Staying or trapped in a cold and loveless marriage? Are you of many Filipinos who are eager to have easy and cheap annulment process so that you can start a new life? Well, this is a good news for you!

Last Tuesday night, January 23 the House of Representatives approved on second reading the House Bill 6779 or “An Act Recognizing the Civil Effects of Church Annulment Decrees.”

The bill will abolish the long and costly judicial process of marriage annulment here in the Philippines.


Read: 10 Common Question About Annulment or Nullity of Marriage
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The bill is good as approves because the third and final reading by the House is usually just a formality.

Read: Church Decree to Annul Marriages Will Be Recognized Under Philippine Law

Authors of the bill are Deputy Speaker Gwendolyn Garcia and First District Rep. Yedda Marie Romualdez of Leyte.

According to Romualdez, that under the bill marriage annulment duly approved by the Catholic Church or any other religious groups will have the same effect as a civil annulment.
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Read: Things You Need to Know About Conjugal Properties of Husband and Wife

The bill provides that whenever a marriage, duly and legally solemnized by a priest, minister, rabbi or presiding elder of any church or religious sect in the Philippines is subsequently annulled, dissolved or declared a nullity in a final judgment or decree in accordance with the canons or precepts of the church or religious sect.

The annulment, dissolution or declaration of nullity shall have the same effect as a decree of annulment, dissolution or declaration of nullity issued by a competent court.


Read: OFWs Are You Infavor of Marriage Dissolution Bill?

The measure provides that the status of children of marriages subject of the church annulment decree shall be determined in accordance with the provisions of Executive Order No. 209, otherwise known as the "Family Code of the Philippines".

On the other hand, the liquidation, partition, and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of their presumptive legitimes shall be agreed by the spouses and embodied in a public document. In case no agreement is met, the provisions of the Family Code of the Philippines shall be in force.



Read: Fake Annulment Lawyer Who Deceives OFWs, Arrested in Entrapment Operations

Furthermore, the bill specifies the church annulment decree shall be recorded in the appropriate civil registries together with the agreement of the spouses required in the preceding section within 30 days from issuance of the church annulment decree subject to the conditions that may be imposed by the church or religious sect.

Without prejudice to the conditions set forth by the church or religious sect, either of the former spouses may marry again after complying with the requirements of the preceding paragraph and Article 52 of the Family Code of the Philippines, otherwise, the subsequent marriage shall be null and void.

In securing a marriage license, the spouse involved must present a certified true copy of the church annulment decree registered with the appropriate civil registry.


This article is filed under: Filipino Divorce Lawyer, Divorce In The Philippines, Annulment In The Philippines, Legal Separation In The Philippines, Annulment Lawyers Philippines

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Monday, November 27, 2017

Attention Parents, Failure to Give A Child Support is a Crime!

The separation between husband and wife is not new to the Philippines. Oftentimes children are number one victims of this especially those children who did not receive any support from a mother of a father.

The separation between husband and wife is not new to the Philippines. Oftentimes children are number one victims of this especially those children who did not receive any support from a mother of a father.  But don't you know that failure to give child support is a crime and considered child abuse under Republic Act 7610 or An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation, and Discrimination.
But don't you know that failure to give child support is a crime and considered child abuse under Republic Act 7610 or An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation, and Discrimination.
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An example of this is a case of a father from Naga City, Cebu that could spend up to 24 years in prison for abandoning his two children. Aside from this, the father is mandated to pay each of his children P50,000 as moral damages.

This is after Judge Ester Veloso found the father guilty of two counts of violation of Republic Act 7610.

The father was charged with two counts of violation of the Anti-Child Abuse Law for abandoning his two children, then 15 and 14. 
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In the nine-page decision of Judge Veloso on the case, it said that “The acts of the accused in abandoning his children and depriving them of what they deserved under the law constitutes a violation of RA 7610.”

The two children and their mother testifies against the convict.

The daughter said she was only five years old when his father left their mother for another woman. From then, the daughter said, they did not receive any support from their father.
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Aside from that, the girl said her father invited her to his house and introduced her to her step-brothers. She said she was hurt because she never felt the love his father showed to his twin sons.

Even the 14-year old son testified against his father and said, his father even introduced him to his other woman. He admitted he hated his father since “he loved his illegitimate son more than his legitimate son.”

He recalled that his mother was the only one who provided for their needs since their father left them when he was only four years old.

The mother, a public school teacher, said she solely provides everything for her children after her husband left them for another woman.

This article is filed under: filipino divorce lawyer, divorce in the philippines, annulment in the philippines, legal separation in the philippines, annulment lawyers philippines

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Monday, August 14, 2017

Wives Can Drop Husband's Surname Under CGMA and Senator Binay's Bill


This article is filed under: Filipino Divorce Lawyer, Divorce In The Philippines, Annulment In The Philippines, Legal Separation In The Philippines, Annulment Lawyers Philippines
For married women, it is not easy to drop your husband's surname in your name especially if you are using it already for a long time in your identification cards, officials documents, and records.   Many women are still using their husband's surname even if the latter has abandoned them in a decade, suffers death or separation because doing so need a court order.  But if Representative Gloria Macapagal Arroyo's bill will pass, dropping husbands surname will be easy.

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For married women, it is not easy to drop your husband's surname in your name especially if you are using it already for a long time in your identification cards, officials documents, and records.

Many women are still using their husband's surname even if the latter has abandoned them in a decade, suffers death or separation because doing so need a court order.

But if Representative Gloria Macapagal Arroyo's bill will pass, dropping husbands surname will be easy.


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In House Bill 6028 or Revision to the Maiden Name Act, Arroyo's proposal is to allow women to get back their maiden name in case of legal separation, presumptive death, abandonment, separation of property or dissolution of marriage.

It says the bill aims to empower women to use their maiden surname after legal separation or dissolution of marriage without a court order.

Under the proposed measure, a woman may use her maiden surname after legal separation, annulment, nullity of marriage, or divorce in another country through only an administrative process with the Office of the Civil Registrar.

GMA Version's of the Bill



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This will be allowed under these circumstances:
  • After her marriage has been judicially declared null and void or after its annulment
  • After a judicial declaration of legal separation provided that there has been no manifestation of reconciliation filed with the court
  • After a judicial declaration of separation of property, provided there has been no subsequent decree reviving the old property regime between the spouses
  • If the spouses stipulated in their marriage settlement that a regime of' separation of properties shall govern their property relations
  • If the petitioner has been de facto separated from or abandoned by her husband for a period of not less than 10 years
  • If the petitioner's husband may be presumed dead pursuant to the circumstances, periods and conditions set forth in the Civil Code of the Philippines and the Rules of Court.
Arroyo added that women in this case just need to go to the Office of the civil Registrar to dismiss their surnames' name in their name without spending a lot of money.
In the Senate, Senator Nancy Binay files the same bill that aims to simplify the process by going through the local registry and no longer through a court.

Last August 7, Binay filed the Senate Bill No. 1547 or the proposed Reversion to Maiden Name Act, which identifies the grounds that would allow a woman to file a verified petition for reversion before the local civil registry office of the city or municipality where her record is kept.


Sen. Nancy Binay's Version of the Bill
This article is filed under: Filipino Divorce Lawyer, Divorce In The Philippines, Annulment In The Philippines, Legal Separation In The Philippines, Annulment Lawyers Philippines
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©2017 THOUGHTSKOTO

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Monday, April 03, 2017

These Are The Reasons Why Your Marriage Could Be Declared Invalid or Void




Marriage is a union of two people in matrimony duly solemnized by a priest, a pastor, a minister a licensed representative of a congregation authorized to conduct  such act or a judge/public official with authority to join a couple in matrimony. In such cases, a valid legal marriage can be difficult to annul and it has to go various legal process and a lot of penny to spend. However, there are some circumstances that a marriage can be declared null and void.  Here are some grounds stated in Article 35 of Executive Order No. 209, otherwise known as the Family Code of the Philippines:  (1) when a marriage is contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;    (2) when a marriage is solemnized by any person not legally authorized to perform marriages, unless such marriage was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;    (3) when a marriage is solemnized without license, except those covered under Title I, Chapter 2 of the Family Code;   Family Code of the Philippines Title 1 Chapter 2. Marriages Exempted from License Requirement  Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)  Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a) Art. 29. In the cases provided for in the two preceding articles, 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. (72a) Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a) Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a) Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a) Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years 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 are found no legal impediment to the marriage. (76a)    (4) when a marriage is bigamous or polygamous and not falling under Article 41;  Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)   (5) when a marriage is contracted through mistake of one contracting party as to the identity of the other; and       (6) a subsequent marriage which is void under Article 53.  Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.  (7) A marriage between the following persons may also be declared null and void, whether their relationship 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 37, Family Code of the Philippines). Art. 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. (81a)  Some other things that may deem your marriage absolutely null and void for reasons of public policy when it is contracted between the following persons as stated in Article 38 of the Family Code of the Philippines :  (1) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) step-parents and step-children;  (3) parents-in-law and children-in-law; (4) adopting parent and the adopted child; (5) surviving spouse of the adopting parent and the adopted child; (6) surviving spouse of the adopted child and the adopter; (7) an adopted child and a legitimate child of the adopter; (8) adopted children of the same adopter; and (9) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse  Source:The Manila Times, The Family Code of the Philippines Recommended: Lawyers admit, Annulment in the Philippines is very expensiveGetting married is expensive in the Philippines, as well as getting out of marriage.  Aside from costly process, annulment of marriage is also a physically and mentally exhausting according to Business Mirror lawyer Marjorie de Castro.  She said, if you are a petitioner in an annulment case, it will take a lot of your time as well as your resources. The OFWs are the reason why President Rodrigo Duterte is pushing through with the campaign on illegal drugs, acknowledging their hardships and sacrifices. He said that as he visit the countries where there are OFWs, he has heard sad stories about them: sexually abused Filipinas,domestic helpers being forced to work on a number of employers."I have been to many places. I have been to the Middle East. You know, the husband is working in one place, the wife in another country. The so many sad stories I hear about our women being raped, abused sexually," The President said.   According to the Department of Trade and Industry, putting up a business here is the answer for the OFWs to stay here for good without the need of working abroad  and leaving the family for bigger income.President Duterte in a speech with the Filipino community in Japan, stressed that this generation of  OFWs should be the last, and if they have to go outside the country will be just for travel and vacation.       ©2017 THOUGHTSKOTO www.jbsolis.com SEARCH JBSOLIS



Marriage is a union between two people in matrimony duly solemnized by a priest, a pastor, a minister a licensed representative of a congregation authorized to conduct  such act or a judge/public official with authority to join together a couple in matrimony.
In such cases, a valid legal marriage can be difficult to annul and it has to go various legal process and a lot of penny to spend.
However, there are some circumstances that a marriage can be declared null and void.

Here are some grounds stated in Article 35 of Executive Order No. 209, otherwise known as the Family Code of the Philippines:
Marriage is a union of two people in matrimony duly solemnized by a priest, a pastor, a minister a licensed representative of a congregation authorized to conduct  such act or a judge/public official with authority to join a couple in matrimony. In such cases, a valid legal marriage can be difficult to annul and it has to go various legal process and a lot of penny to spend. However, there are some circumstances that a marriage can be declared null and void.  Here are some grounds stated in Article 35 of Executive Order No. 209, otherwise known as the Family Code of the Philippines:  (1) when a marriage is contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;    (2) when a marriage is solemnized by any person not legally authorized to perform marriages, unless such marriage was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;    (3) when a marriage is solemnized without license, except those covered under Title I, Chapter 2 of the Family Code;   Family Code of the Philippines Title 1 Chapter 2. Marriages Exempted from License Requirement  Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)  Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a) Art. 29. In the cases provided for in the two preceding articles, 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. (72a) Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a) Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a) Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a) Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years 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 are found no legal impediment to the marriage. (76a)    (4) when a marriage is bigamous or polygamous and not falling under Article 41;  Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)   (5) when a marriage is contracted through mistake of one contracting party as to the identity of the other; and       (6) a subsequent marriage which is void under Article 53.  Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.  (7) A marriage between the following persons may also be declared null and void, whether their relationship 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 37, Family Code of the Philippines). Art. 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. (81a)  Some other things that may deem your marriage absolutely null and void for reasons of public policy when it is contracted between the following persons as stated in Article 38 of the Family Code of the Philippines :  (1) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) step-parents and step-children;  (3) parents-in-law and children-in-law; (4) adopting parent and the adopted child; (5) surviving spouse of the adopting parent and the adopted child; (6) surviving spouse of the adopted child and the adopter; (7) an adopted child and a legitimate child of the adopter; (8) adopted children of the same adopter; and (9) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse  Source:The Manila Times, The Family Code of the Philippines Recommended: Lawyers admit, Annulment in the Philippines is very expensiveGetting married is expensive in the Philippines, as well as getting out of marriage.  Aside from costly process, annulment of marriage is also a physically and mentally exhausting according to Business Mirror lawyer Marjorie de Castro.  She said, if you are a petitioner in an annulment case, it will take a lot of your time as well as your resources. The OFWs are the reason why President Rodrigo Duterte is pushing through with the campaign on illegal drugs, acknowledging their hardships and sacrifices. He said that as he visit the countries where there are OFWs, he has heard sad stories about them: sexually abused Filipinas,domestic helpers being forced to work on a number of employers."I have been to many places. I have been to the Middle East. You know, the husband is working in one place, the wife in another country. The so many sad stories I hear about our women being raped, abused sexually," The President said.   According to the Department of Trade and Industry, putting up a business here is the answer for the OFWs to stay here for good without the need of working abroad  and leaving the family for bigger income.President Duterte in a speech with the Filipino community in Japan, stressed that this generation of  OFWs should be the last, and if they have to go outside the country will be just for travel and vacation.       ©2017 THOUGHTSKOTO www.jbsolis.com SEARCH JBSOLIS
(1) When a marriage is contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;
Marriage is a union of two people in matrimony duly solemnized by a priest, a pastor, a minister a licensed representative of a congregation authorized to conduct  such act or a judge/public official with authority to join a couple in matrimony. In such cases, a valid legal marriage can be difficult to annul and it has to go various legal process and a lot of penny to spend. However, there are some circumstances that a marriage can be declared null and void.  Here are some grounds stated in Article 35 of Executive Order No. 209, otherwise known as the Family Code of the Philippines:  (1) when a marriage is contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;    (2) when a marriage is solemnized by any person not legally authorized to perform marriages, unless such marriage was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;    (3) when a marriage is solemnized without license, except those covered under Title I, Chapter 2 of the Family Code;   Family Code of the Philippines Title 1 Chapter 2. Marriages Exempted from License Requirement  Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)  Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a) Art. 29. In the cases provided for in the two preceding articles, 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. (72a) Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a) Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a) Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a) Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years 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 are found no legal impediment to the marriage. (76a)    (4) when a marriage is bigamous or polygamous and not falling under Article 41;  Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)   (5) when a marriage is contracted through mistake of one contracting party as to the identity of the other; and       (6) a subsequent marriage which is void under Article 53.  Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.  (7) A marriage between the following persons may also be declared null and void, whether their relationship 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 37, Family Code of the Philippines). Art. 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. (81a)  Some other things that may deem your marriage absolutely null and void for reasons of public policy when it is contracted between the following persons as stated in Article 38 of the Family Code of the Philippines :  (1) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) step-parents and step-children;  (3) parents-in-law and children-in-law; (4) adopting parent and the adopted child; (5) surviving spouse of the adopting parent and the adopted child; (6) surviving spouse of the adopted child and the adopter; (7) an adopted child and a legitimate child of the adopter; (8) adopted children of the same adopter; and (9) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse  Source:The Manila Times, The Family Code of the Philippines Recommended: Lawyers admit, Annulment in the Philippines is very expensiveGetting married is expensive in the Philippines, as well as getting out of marriage.  Aside from costly process, annulment of marriage is also a physically and mentally exhausting according to Business Mirror lawyer Marjorie de Castro.  She said, if you are a petitioner in an annulment case, it will take a lot of your time as well as your resources. The OFWs are the reason why President Rodrigo Duterte is pushing through with the campaign on illegal drugs, acknowledging their hardships and sacrifices. He said that as he visit the countries where there are OFWs, he has heard sad stories about them: sexually abused Filipinas,domestic helpers being forced to work on a number of employers."I have been to many places. I have been to the Middle East. You know, the husband is working in one place, the wife in another country. The so many sad stories I hear about our women being raped, abused sexually," The President said.   According to the Department of Trade and Industry, putting up a business here is the answer for the OFWs to stay here for good without the need of working abroad  and leaving the family for bigger income.President Duterte in a speech with the Filipino community in Japan, stressed that this generation of  OFWs should be the last, and if they have to go outside the country will be just for travel and vacation.       ©2017 THOUGHTSKOTO www.jbsolis.com SEARCH JBSOLIS

 (2) When a marriage is solemnized by any person not legally authorized to perform marriages, unless such marriage was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; 
Marriage is a union of two people in matrimony duly solemnized by a priest, a pastor, a minister a licensed representative of a congregation authorized to conduct  such act or a judge/public official with authority to join a couple in matrimony. In such cases, a valid legal marriage can be difficult to annul and it has to go various legal process and a lot of penny to spend. However, there are some circumstances that a marriage can be declared null and void.  Here are some grounds stated in Article 35 of Executive Order No. 209, otherwise known as the Family Code of the Philippines:  (1) when a marriage is contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;    (2) when a marriage is solemnized by any person not legally authorized to perform marriages, unless such marriage was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;    (3) when a marriage is solemnized without license, except those covered under Title I, Chapter 2 of the Family Code;   Family Code of the Philippines Title 1 Chapter 2. Marriages Exempted from License Requirement  Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)  Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a) Art. 29. In the cases provided for in the two preceding articles, 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. (72a) Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a) Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a) Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a) Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years 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 are found no legal impediment to the marriage. (76a)    (4) when a marriage is bigamous or polygamous and not falling under Article 41;  Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)   (5) when a marriage is contracted through mistake of one contracting party as to the identity of the other; and       (6) a subsequent marriage which is void under Article 53.  Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.  (7) A marriage between the following persons may also be declared null and void, whether their relationship 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 37, Family Code of the Philippines). Art. 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. (81a)  Some other things that may deem your marriage absolutely null and void for reasons of public policy when it is contracted between the following persons as stated in Article 38 of the Family Code of the Philippines :  (1) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) step-parents and step-children;  (3) parents-in-law and children-in-law; (4) adopting parent and the adopted child; (5) surviving spouse of the adopting parent and the adopted child; (6) surviving spouse of the adopted child and the adopter; (7) an adopted child and a legitimate child of the adopter; (8) adopted children of the same adopter; and (9) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse  Source:The Manila Times, The Family Code of the Philippines Recommended: Lawyers admit, Annulment in the Philippines is very expensiveGetting married is expensive in the Philippines, as well as getting out of marriage.  Aside from costly process, annulment of marriage is also a physically and mentally exhausting according to Business Mirror lawyer Marjorie de Castro.  She said, if you are a petitioner in an annulment case, it will take a lot of your time as well as your resources. The OFWs are the reason why President Rodrigo Duterte is pushing through with the campaign on illegal drugs, acknowledging their hardships and sacrifices. He said that as he visit the countries where there are OFWs, he has heard sad stories about them: sexually abused Filipinas,domestic helpers being forced to work on a number of employers."I have been to many places. I have been to the Middle East. You know, the husband is working in one place, the wife in another country. The so many sad stories I hear about our women being raped, abused sexually," The President said.   According to the Department of Trade and Industry, putting up a business here is the answer for the OFWs to stay here for good without the need of working abroad  and leaving the family for bigger income.President Duterte in a speech with the Filipino community in Japan, stressed that this generation of  OFWs should be the last, and if they have to go outside the country will be just for travel and vacation.       ©2017 THOUGHTSKOTO www.jbsolis.com SEARCH JBSOLIS

(3) When a marriage is solemnized without license, except those covered under Title I, Chapter 2 of the Family Code; 



Family Code of the Philippines
Title 1 Chapter 2. Marriages Exempted from License Requirement

Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)

Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a)
Art. 29. In the cases provided for in the two preceding articles, 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. (72a)
Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a)
Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a)
Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a)
Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a)
Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years 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 are found no legal impediment to the marriage. (76a) 
Marriage is a union of two people in matrimony duly solemnized by a priest, a pastor, a minister a licensed representative of a congregation authorized to conduct  such act or a judge/public official with authority to join a couple in matrimony. In such cases, a valid legal marriage can be difficult to annul and it has to go various legal process and a lot of penny to spend. However, there are some circumstances that a marriage can be declared null and void.  Here are some grounds stated in Article 35 of Executive Order No. 209, otherwise known as the Family Code of the Philippines:  (1) when a marriage is contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;    (2) when a marriage is solemnized by any person not legally authorized to perform marriages, unless such marriage was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;    (3) when a marriage is solemnized without license, except those covered under Title I, Chapter 2 of the Family Code;   Family Code of the Philippines Title 1 Chapter 2. Marriages Exempted from License Requirement  Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)  Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a) Art. 29. In the cases provided for in the two preceding articles, 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. (72a) Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a) Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a) Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a) Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years 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 are found no legal impediment to the marriage. (76a)    (4) when a marriage is bigamous or polygamous and not falling under Article 41;  Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)   (5) when a marriage is contracted through mistake of one contracting party as to the identity of the other; and       (6) a subsequent marriage which is void under Article 53.  Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.  (7) A marriage between the following persons may also be declared null and void, whether their relationship 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 37, Family Code of the Philippines). Art. 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. (81a)  Some other things that may deem your marriage absolutely null and void for reasons of public policy when it is contracted between the following persons as stated in Article 38 of the Family Code of the Philippines :  (1) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) step-parents and step-children;  (3) parents-in-law and children-in-law; (4) adopting parent and the adopted child; (5) surviving spouse of the adopting parent and the adopted child; (6) surviving spouse of the adopted child and the adopter; (7) an adopted child and a legitimate child of the adopter; (8) adopted children of the same adopter; and (9) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse  Source:The Manila Times, The Family Code of the Philippines Recommended: Lawyers admit, Annulment in the Philippines is very expensiveGetting married is expensive in the Philippines, as well as getting out of marriage.  Aside from costly process, annulment of marriage is also a physically and mentally exhausting according to Business Mirror lawyer Marjorie de Castro.  She said, if you are a petitioner in an annulment case, it will take a lot of your time as well as your resources. The OFWs are the reason why President Rodrigo Duterte is pushing through with the campaign on illegal drugs, acknowledging their hardships and sacrifices. He said that as he visit the countries where there are OFWs, he has heard sad stories about them: sexually abused Filipinas,domestic helpers being forced to work on a number of employers."I have been to many places. I have been to the Middle East. You know, the husband is working in one place, the wife in another country. The so many sad stories I hear about our women being raped, abused sexually," The President said.   According to the Department of Trade and Industry, putting up a business here is the answer for the OFWs to stay here for good without the need of working abroad  and leaving the family for bigger income.President Duterte in a speech with the Filipino community in Japan, stressed that this generation of  OFWs should be the last, and if they have to go outside the country will be just for travel and vacation.       ©2017 THOUGHTSKOTO www.jbsolis.com SEARCH JBSOLIS

(4) When a marriage is bigamous or polygamous and not falling under Article 41; 
Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)
Marriage is a union of two people in matrimony duly solemnized by a priest, a pastor, a minister a licensed representative of a congregation authorized to conduct  such act or a judge/public official with authority to join a couple in matrimony. In such cases, a valid legal marriage can be difficult to annul and it has to go various legal process and a lot of penny to spend. However, there are some circumstances that a marriage can be declared null and void.  Here are some grounds stated in Article 35 of Executive Order No. 209, otherwise known as the Family Code of the Philippines:  (1) when a marriage is contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;    (2) when a marriage is solemnized by any person not legally authorized to perform marriages, unless such marriage was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;    (3) when a marriage is solemnized without license, except those covered under Title I, Chapter 2 of the Family Code;   Family Code of the Philippines Title 1 Chapter 2. Marriages Exempted from License Requirement  Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)  Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a) Art. 29. In the cases provided for in the two preceding articles, 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. (72a) Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a) Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a) Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a) Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years 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 are found no legal impediment to the marriage. (76a)    (4) when a marriage is bigamous or polygamous and not falling under Article 41;  Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)   (5) when a marriage is contracted through mistake of one contracting party as to the identity of the other; and       (6) a subsequent marriage which is void under Article 53.  Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.  (7) A marriage between the following persons may also be declared null and void, whether their relationship 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 37, Family Code of the Philippines). Art. 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. (81a)  Some other things that may deem your marriage absolutely null and void for reasons of public policy when it is contracted between the following persons as stated in Article 38 of the Family Code of the Philippines :  (1) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) step-parents and step-children;  (3) parents-in-law and children-in-law; (4) adopting parent and the adopted child; (5) surviving spouse of the adopting parent and the adopted child; (6) surviving spouse of the adopted child and the adopter; (7) an adopted child and a legitimate child of the adopter; (8) adopted children of the same adopter; and (9) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse  Source:The Manila Times, The Family Code of the Philippines Recommended: Lawyers admit, Annulment in the Philippines is very expensiveGetting married is expensive in the Philippines, as well as getting out of marriage.  Aside from costly process, annulment of marriage is also a physically and mentally exhausting according to Business Mirror lawyer Marjorie de Castro.  She said, if you are a petitioner in an annulment case, it will take a lot of your time as well as your resources. The OFWs are the reason why President Rodrigo Duterte is pushing through with the campaign on illegal drugs, acknowledging their hardships and sacrifices. He said that as he visit the countries where there are OFWs, he has heard sad stories about them: sexually abused Filipinas,domestic helpers being forced to work on a number of employers."I have been to many places. I have been to the Middle East. You know, the husband is working in one place, the wife in another country. The so many sad stories I hear about our women being raped, abused sexually," The President said.   According to the Department of Trade and Industry, putting up a business here is the answer for the OFWs to stay here for good without the need of working abroad  and leaving the family for bigger income.President Duterte in a speech with the Filipino community in Japan, stressed that this generation of  OFWs should be the last, and if they have to go outside the country will be just for travel and vacation.       ©2017 THOUGHTSKOTO www.jbsolis.com SEARCH JBSOLIS

(5) When a marriage is contracted through mistake of one contracting party as to the identity of the other



Marriage is a union of two people in matrimony duly solemnized by a priest, a pastor, a minister a licensed representative of a congregation authorized to conduct  such act or a judge/public official with authority to join a couple in matrimony. In such cases, a valid legal marriage can be difficult to annul and it has to go various legal process and a lot of penny to spend. However, there are some circumstances that a marriage can be declared null and void.  Here are some grounds stated in Article 35 of Executive Order No. 209, otherwise known as the Family Code of the Philippines:  (1) when a marriage is contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;    (2) when a marriage is solemnized by any person not legally authorized to perform marriages, unless such marriage was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;    (3) when a marriage is solemnized without license, except those covered under Title I, Chapter 2 of the Family Code;   Family Code of the Philippines Title 1 Chapter 2. Marriages Exempted from License Requirement  Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)  Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a) Art. 29. In the cases provided for in the two preceding articles, 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. (72a) Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a) Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a) Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a) Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years 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 are found no legal impediment to the marriage. (76a)    (4) when a marriage is bigamous or polygamous and not falling under Article 41;  Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)   (5) when a marriage is contracted through mistake of one contracting party as to the identity of the other; and       (6) a subsequent marriage which is void under Article 53.  Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.  (7) A marriage between the following persons may also be declared null and void, whether their relationship 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 37, Family Code of the Philippines). Art. 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. (81a)  Some other things that may deem your marriage absolutely null and void for reasons of public policy when it is contracted between the following persons as stated in Article 38 of the Family Code of the Philippines :  (1) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) step-parents and step-children;  (3) parents-in-law and children-in-law; (4) adopting parent and the adopted child; (5) surviving spouse of the adopting parent and the adopted child; (6) surviving spouse of the adopted child and the adopter; (7) an adopted child and a legitimate child of the adopter; (8) adopted children of the same adopter; and (9) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse  Source:The Manila Times, The Family Code of the Philippines Recommended: Lawyers admit, Annulment in the Philippines is very expensiveGetting married is expensive in the Philippines, as well as getting out of marriage.  Aside from costly process, annulment of marriage is also a physically and mentally exhausting according to Business Mirror lawyer Marjorie de Castro.  She said, if you are a petitioner in an annulment case, it will take a lot of your time as well as your resources. The OFWs are the reason why President Rodrigo Duterte is pushing through with the campaign on illegal drugs, acknowledging their hardships and sacrifices. He said that as he visit the countries where there are OFWs, he has heard sad stories about them: sexually abused Filipinas,domestic helpers being forced to work on a number of employers."I have been to many places. I have been to the Middle East. You know, the husband is working in one place, the wife in another country. The so many sad stories I hear about our women being raped, abused sexually," The President said.   According to the Department of Trade and Industry, putting up a business here is the answer for the OFWs to stay here for good without the need of working abroad  and leaving the family for bigger income.President Duterte in a speech with the Filipino community in Japan, stressed that this generation of  OFWs should be the last, and if they have to go outside the country will be just for travel and vacation.       ©2017 THOUGHTSKOTO www.jbsolis.com SEARCH JBSOLIS

(6) A subsequent marriage which is void under Article 53.

Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
Marriage is a union of two people in matrimony duly solemnized by a priest, a pastor, a minister a licensed representative of a congregation authorized to conduct  such act or a judge/public official with authority to join a couple in matrimony. In such cases, a valid legal marriage can be difficult to annul and it has to go various legal process and a lot of penny to spend. However, there are some circumstances that a marriage can be declared null and void.  Here are some grounds stated in Article 35 of Executive Order No. 209, otherwise known as the Family Code of the Philippines:  (1) when a marriage is contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;    (2) when a marriage is solemnized by any person not legally authorized to perform marriages, unless such marriage was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;    (3) when a marriage is solemnized without license, except those covered under Title I, Chapter 2 of the Family Code;   Family Code of the Philippines Title 1 Chapter 2. Marriages Exempted from License Requirement  Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)  Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a) Art. 29. In the cases provided for in the two preceding articles, 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. (72a) Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a) Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a) Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a) Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years 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 are found no legal impediment to the marriage. (76a)    (4) when a marriage is bigamous or polygamous and not falling under Article 41;  Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)   (5) when a marriage is contracted through mistake of one contracting party as to the identity of the other; and       (6) a subsequent marriage which is void under Article 53.  Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.  (7) A marriage between the following persons may also be declared null and void, whether their relationship 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 37, Family Code of the Philippines). Art. 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. (81a)  Some other things that may deem your marriage absolutely null and void for reasons of public policy when it is contracted between the following persons as stated in Article 38 of the Family Code of the Philippines :  (1) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) step-parents and step-children;  (3) parents-in-law and children-in-law; (4) adopting parent and the adopted child; (5) surviving spouse of the adopting parent and the adopted child; (6) surviving spouse of the adopted child and the adopter; (7) an adopted child and a legitimate child of the adopter; (8) adopted children of the same adopter; and (9) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse  Source:The Manila Times, The Family Code of the Philippines Recommended: Lawyers admit, Annulment in the Philippines is very expensiveGetting married is expensive in the Philippines, as well as getting out of marriage.  Aside from costly process, annulment of marriage is also a physically and mentally exhausting according to Business Mirror lawyer Marjorie de Castro.  She said, if you are a petitioner in an annulment case, it will take a lot of your time as well as your resources. The OFWs are the reason why President Rodrigo Duterte is pushing through with the campaign on illegal drugs, acknowledging their hardships and sacrifices. He said that as he visit the countries where there are OFWs, he has heard sad stories about them: sexually abused Filipinas,domestic helpers being forced to work on a number of employers."I have been to many places. I have been to the Middle East. You know, the husband is working in one place, the wife in another country. The so many sad stories I hear about our women being raped, abused sexually," The President said.   According to the Department of Trade and Industry, putting up a business here is the answer for the OFWs to stay here for good without the need of working abroad  and leaving the family for bigger income.President Duterte in a speech with the Filipino community in Japan, stressed that this generation of  OFWs should be the last, and if they have to go outside the country will be just for travel and vacation.       ©2017 THOUGHTSKOTO www.jbsolis.com SEARCH JBSOLIS
(7) A marriage between the following persons may also be declared null and void, whether their relationship 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 37, Family Code of the Philippines).
Art. 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. (81a)

Some other things that may deem your marriage absolutely null and void for reasons of public policy when it is contracted between the following persons as stated in Article 38 of the Family Code of the Philippines : 
(1) Collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Step-parents and step-children;
 (3) Parents-in-law and children-in-law;
(4) Adopting parent and the adopted child;
(5) Surviving spouse of the adopting parent and the adopted child; (6) Surviving spouse of the adopted child and the adopter;
(7) An adopted child and a legitimate child of the adopter;
(8) Adopted children of the same adopter; and
(9) Parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse .

This article is filed under: Filipino Divorce Lawyer, Divorce In The Philippines, Annulment In The Philippines, Legal Separation In The Philippines, Annulment Lawyers Philippines


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