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Legal Updates and free legal information Family Code Philippines: Family Code of the Philippines: Primer on marriage
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Sunday, November 26, 2006
Family Code of the Philippines: Primer on marriage
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Related posts:
[1] If husband and wife have not seen each other for more than
seven years, does it mean their marriage is already void?
[2] If a person gets married while his petition for declaration of
nullity of his first marriage is ongoing, can he be charged with
bigamy?
[3] Quickie marriages under Article 34 of the Family Code: Is the
marriage void if the affidavit of marital cohabitation is false?
[4] Legal lessons from the Kris Aquino James Yap breakup: legal
separation, annulment, declaration of nullity, essential and formal
requisites of marriage
[5] Irreconcilable differences not a ground for declaring a marriage
null and void
[6] When a man is married to or living in with several women
successively or simultaneously, who has the right to inherit from
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When you think that you’re all
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(Note: Click the picture to download a free PDF newsletter on this topic.)
Starting this week, I will be posting primers on the various provisions of the
Family Code of the Philippines. For this week, the primer is on the basic
provisions on marriage, specifically Articles 1 to 34. Please surf over to
Title I, Articles 1 to 54 which comprise the complete provisions of the
Family Code on marriage.
You may also want to review my previous articles on “covenant marriage”
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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and “divorce and
remarriage” from the
Philippine legal standpoint.
I discussed these articles
with pastors and workers
who attended the Baptist
Mission Partners
symposium last week.
“The Lord hath appeared of old unto
me, saying, Yea, I have loved thee
with an everlasting love: therefore
with lovingkindness have I drawn
thee.” Jeremiah 31:3
Are you a good person? (free
PDF)
How does the Family
Code define “marriage”?
Marriage is a special
contract of permanent
union between a man and
a woman entered into in
accordance with law for the
establishment of conjugal
and family life. It is the
foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations
during the marriage within the limits provided by this Code. (Article 1)
What are the essential requisites that make a marriage valid?
Republic of the
Philippines vs. Liberty
Albios, G.R. No. 198780,
October 16, 2013
Issue:
Is a marriage, entered into
for the sole purpose of
acquiring American
citizenship in exchange for
$2,000, void on the ground
of lack of consent?
Background facts:
Liberty Albios asked Daniel
Lee Fringer to marry her so
that she can acquire
American citizenship. In
return, Albios promised to
give Fringer $2,000. After
the wedding, they went their
separate ways. Fringer
returned to the United
States and never again
communicated with Albios.
In turn, Albios did not pay
Fringer the $2,000 because
Article 2 provides that a marriage is valid
if these essential requisites are present:
“The Lord is not slack concerning his
promise, as some men count
slackness; but is longsuffering to us
ward, not willing that any should
perish, but that all should come to
repentance.” 2 Peter 3:9
For men and
women: Do
you need
prayers in
your time of
crisis? Click
(1) Legal capacity of the contracting
parties who must be a male and a
female; and
(2) Consent freely given in the presence
of the solemnizing officer.
the picture ...
What are the formal requisites of
marriage?
The formal requisites of marriage
according to Article 3 are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the
cases provided for in Chapter 2 of this
Title; and
(3) A marriage ceremony which takes
place with the appearance of the
contracting parties before the
solemnizing officer and their personal
declaration that they take each other as
husband and wife in the presence of not
less than two witnesses of legal age.
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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he never processed her
petition for citizenship.
What is the effect if an essential or
formal requisite is absent?
Regional Trial Court rules
that Albios and Fringer’s
marriage is void for lack
of consent
The absence of any of the essential or
formal requisites renders the marriage
void ab initio, except as stated in Article
35 (2).
Albios filed with the
Regional Trial Court a
petition for declaration of
nullity of her marriage with
Fringer. She described their
marriage as made in jest
and, therefore, null and void
ab initio (from the start). The
RTC ruled that the essential
requisite of consent was
lacking and that when
marriage was entered into
for a purpose other than the
establishment of a conjugal
and family life, the marriage
was a farce.
What is the effect if any of the
essential requisites is defective?
Court of Appeals affirms
RTC ruling
The Court of Appeals
affirmed the RTC ruling that
the essential requisite of
consent was lacking. The
CA stated that Albios and
Fringer clearly did not
understand the nature and
consequence of getting
married and that their case
was similar to a marriage in
jest. It further explained that
Albios and Fringer never
intended to enter into the
marriage contract and never
intended to live as husband
and wife or build a family. It
concluded that their purpose
was primarily for personal
gain, that is, for Albios to
obtain foreign citizenship,
and for Fringer, the
consideration of $2,000.
Supreme Court rules that
the marriage is valid
Albios and Fringer’s
marriage is not void ab initio
A defect in any of the essential
requisites does not affect the validity of
the marriage but the party or parties
responsible for the irregularity will be
civilly, criminally and administratively
liable.
What is the age at which a man or
woman can get married?
Any male or female of the age of
eighteen years or upwards not under
any of the impediments mentioned in
Articles 37 and 38, may contract
marriage.
(Note: Before the Family Code became
effective in August 3, 1988, the minimum
age for marriage under the New Civil
Code of the Philippines was 16 for men
and 14 for women.)
Is there any prescribed form for the
marriage ceremony?
No prescribed form or religious rite for
the solemnization of the marriage is
required. It is necessary, however, for
the contracting parties to appear
personally before the solemnizing officer
and declare in the presence of not less
than two witnesses of legal age that they
take each other as husband and wife.
This declaration must be contained in
the marriage certificate which must be
signed by the contracting parties and
their witnesses and attested by the
solemnizing officer.
If a party cannot sign the marriage
certificate, what can be done?
In case of a marriage in articulo mortis,
when the party at the point of death is
unable to sign the marriage certificate, it
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Previous posts
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A primer on RA 8972 or the Solo
Parents’ Welfare Act of 2000
A primer on the Newborn Screening
Act of 2004
ABSCBN versus Willie Revillame
case: What is a TRO?
Ad cautelam: filing of pleadings as
precaution or appearing in court
even as you question its
jurisdiction
Adultery, concubinage, marital
infidelity, and psychological
violence
Amy Perez case: Psychological
incapacity as ground for declaring
a marriage void
Can a husband and wife in a
notarized document declare that
they are free to marry other
persons and they will not file
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(from the start) and
continues to be valid and
subsisting.
Consent was not lacking
between Albios and Fringer.
Their consent was
conscious and intelligent as
they understood the nature
and the beneficial and
inconvenient consequences
of their marriage. Their
consent was freely given as
best evidenced by their
conscious purpose of
acquiring American
citizenship through
marriage. Such plainly
demonstrates that they
willingly and deliberately
contracted the marriage.
Motives for entering into a
marriage are varied and
complex. The State does
not and cannot dictate on
the kind of life that a couple
chooses to lead. Thus,
marriages entered into for
other purposes, limited or
otherwise, such as
convenience,
companionship, money,
status, and title, provided
that they comply with all the
legal requisites, are equally
valid. Love, though the ideal
consideration in a marriage
contract, is not the only valid
cause for marriage. Other
considerations, not
precluded by law, may
validly support a marriage.
Albios has indeed made a
mockery of the sacred
institution of marriage.
Allowing her marriage with
Fringer to be declared void
would only further trivialize
this inviolable institution.
The Court cannot declare
such a marriage void in the
event the parties fail to
qualify for immigration
benefits, after they have
is sufficient for one of the witnesses to
the marriage to write the name of said
party, which fact must be attested by the
solemnizing officer.
Who are authorized to solemnize
marriages?
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the
judiciary within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of
any church or religious sect duly
authorized by his church or religious
sect and registered with the civil
registrar general, acting within the limits
of the written authority granted by his
church or religious sect and provided
that at least one of the contracting
parties belongs to the solemnizing
officer's church or religious sect;
(3) Any ship captain or airplane chief
only in the case mentioned in Article 31;
(4) Any military commander of a unit to
which a chaplain is assigned, in the
absence of the latter, during a military
operation, likewise only in the cases
mentioned in Article 32;
(5) Any consulgeneral, consul or vice
consul in the case provided in Article 10.
Note: The Local Government Code of
1991 restored to the mayors their
authority to solemnize marriages
For Filipinos residing or traveling
abroad and who want to get married,
who can solemnize the marriage?
The consulgeneral, the consul, or vice
consul of the Republic of the Philippines
can solemnize the marriage.
What can be done if upon applying
for a marriage license, the parties
cannot produce their birth
certificates?
The presentation of birth or baptismal
certificate is not required if the parents of
the contracting parties appear personally
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
charges against each other?
Can a man who had a sex change
operation have his birth certificate
entry for gender changed from
“male” to female”?
Can a mother be deprived of
custody of her child?
Can an unwed mother avail of the
benefits of the Solo Parents
Welfare Act?
Can you legally force your spouse to
live with and to love you?
Child abduction, custody battles, the
Sean Goldman case, and Hague
Convention on the Civil Aspects of
International Child Abduction
Citizen’s guide to the budget: a
weapon against pork barrel scams
and corruption, and for
government transparency and
accountability
Curfew for minors now illegal under
RA 9344 “Juvenile Justice and
Welfare Act of 2006”
Custody battles over children
between grandparents and a
father or mother
Custody battles over children: what
determines fitness of a parent
over another?
DNA testing to prove legitimacy or
illegitimacy of children; Supreme
Court’s New Rule on DNA
Evidence
Did the Supreme Court order all
credit card companies to reduce
their interest rate of 3% monthly
and penalty fee of 3%?
Differences between regular
employees and project
employees, between project
employment and fixed term
employment
4/71
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availed of its benefits, or
simply have no further use
for it. These unscrupulous
individuals cannot be
allowed to use the courts as
instruments in their
fraudulent schemes. Albios
already misused a judicial
institution to enter into a
marriage of convenience;
she should not be allowed to
again abuse it to get herself
out of an inconvenient
situation.
before the local civil registrar concerned
and swear to the correctness of the
lawful age of the parties, as stated in the
application, or when the local civil
registrar is, by merely looking at the
applicants upon their personally
appearing before him, convinced that
either or both of them have the required
age. (Last paragraph, Article 12)
What are the requirements of the
Local Civil Registrar if either of the
contracting parties was previously
married?
The previously married applicant must
furnish, instead of the birth or baptismal certificate, the death certificate of
the deceased spouse, or the judicial decree of the absolute divorce, or the
judicial decree of annulment or declaration of nullity of the previous
marriage.
In case the death certificate cannot be secured, the party must make an
affidavit stating this circumstance, actual civil status, and the name and
date of death of the deceased spouse. (Article 13)
What is the effectivity of the marriage license once issued?
The license is valid in any part of the Philippines for a period of one
hundred twenty days from the date of issue, and it is automatically
canceled at the expiration of the period if the contracting parties have not
used it. The expiry date must be stamped in bold characters on the face of
every license issued. (Article 20)
What are the requirements if a foreigner wants to get married here in
the Philippines?
Divorce and remarriage
Divorce obtained abroad by a
Filipino not recognized in the
Philippines
Dual citizenship: A primer on RA
9225 Citizenship Retention and
Reacquisition Act of 2003
Due process and twonotice rule in
termination of employment; five
calendar days to answer the
charges and hearing required
Escalation of interest rates in loan
contracts void without written
notice to and written consent of
the borrower
Even if Filipinos get married abroad
where divorce is legal, they
cannot later on get a divorce that
is recognized here in the
Philippines
Family Code of the Philippines:
Primer on illegitimate children
Family Code of the Philippines:
Primer on legal separation
Family Code of the Philippines:
Primer on legitimation
Family Code of the Philippines:
Primer on marriage
When either or both of the contracting parties are citizens of a foreign
country, they must submit a certificate of legal capacity to contract
marriage, issued by their respective diplomatic or consular officials, before
a marriage license can be obtained.
Family Code of the Philippines:
Primer on paternity, filiation and
legitimate children
Stateless persons or refugees from other countries must, instead of the
certificate of legal capacity, submit an affidavit stating the circumstances
showing their capacity to contract marriage. (Article 21)
Family Code of the Philippines:
Primer on rights and obligations
between husband and wife
What are the rules for marriages entered into by Filipinos in foreign
countries?
Family Code of the Philippines:
Primer on the family and family
home
All marriages solemnized outside the Philippines under the laws in force in
the country where they were solemnized, and valid there as such, are also
be valid in this country, except those prohibited under Articles 35 (1), (4),
(5) and (6), 36, 37 and 38.
Family Code of the Philippines:
Primer on the property relations
between husband and wife
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is afterwards validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse has the
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
Family Code of the Philippines:
Primer on void and voidable
marriages
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capacity to remarry under Philippine law. (Article 26, as amended by
Executive Order 227)
Under what circumstances will a marriage license no longer be
required?
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 will remain valid even if the ailing party subsequently survives. (Article
27)
If the residence of either party is so located that there is no means of
transportation to enable the party to appear personally before the local
civil registrar, the marriage may be solemnized without necessity of a
marriage license. (Article 28)
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. (Article 33)
No license is 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 must state
these facts in an affidavit before any person authorized by law to
administer oaths. The solemnizing officer must also state under oath that
he ascertained the qualifications of the contracting parties and found no
legal impediment to the marriage. (Article 34; please read “Quickie
marriages under Article 34 of the Family Code: Is the marriage void if the
affidavit of marital cohabitation is false?”)
Family Code of the Philippines:
Property relations between livein
partners
Filipino divorced by spouse (former
Philiippine citizen) can remarry
under Article 26 of the Family
Code
From “Jennifer ” to “Jeff ” and from
female to male (correction of
entries in birth certificate due to
intersex condition)
HB 6699: Child spanking soon
outlawed in RP? Is spanking a
Biblicallyendorsed way of
discipline?
Happy Valentine’s Day! Avoiding the
greener grass syndrome
Heirs and inheritance (Part 01): If
your spouse dies without a last
will, who will inherit?
Heirs and inheritance (Part 02):
Legitimes, free portions, and
intestate shares
What are the rules for marriages performed by a ship captain or a
pilot?
Heirs and inheritance (Part 03):
Rights of illegitimate children
when their parent dies without a
last will
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. (Article 31)
Heirs and inheritance (Part 04): Who
inherits from an illegitimate child?
What are the rules for marriages performed by a military
commander?
A military commander of a unit, who is a commissioned officer, has the
authority to solemnize marriages in articulo mortis between persons within
the zone of military operation, whether members of the armed forces or
civilians. (Article 32)
Can I get married to my first cousin?
No, you cannot. You are related to your cousin by four civil degrees.
Because of public policy, the Family Code prohibits marriage between
persons related within the 4th degree of consanguinity (Article 38 of the
Family Code).
Here’s how to count the number of degrees: From you to your father or
mother, that is one degree. From your father or mother, to your
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
Heirs and inheritance (Part 05): The
right of legitimate children to
inherit
Heirs and inheritance (Part 06):
Settle the estate of your deceased
spouse before marrying again
Heirs and inheritance (Part 07): Is
property acquired before marriage
the exclusive property of each
spouse or does it belong to both
spouses?
Heirs and inheritance (Part 08): Do
inherited properties belong
exclusively to the spouse who
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grandparents, that is another civil degree. From your grandparents to your
uncle or aunt, that is another degree. And from your uncle or aunt to your
first cousin, is another degree, making a total of four degrees.
Posted by Atty. Gerry T. Galacio at Sunday, November 26, 2006
410 comments :
Anonymous said...
1 – 200 of 410 Newer› Newest»
Dear Atty. Galacio,
I am a Filipino who initiated a divorced from my alien exhusband ,I
know ( through your blog )that in our law the divorce I obtained is
not valid here in the Philippines. Do I have to file for annullment or
what do I have to do to declare my previous marriage null? Please
help. Thank you in advace.
January 18, 2008 4:51 PM
Atty. Gerry T. Galacio said...
This comment has been removed by the author.
January 20, 2008 12:46 PM
Anonymous said...
Mr. Galacio,
My marriage certificate shows that the civil wedding was performed
1 month before my 18th birthday. The typed age is 18, but it's
obvious based on my birthday, I'm 17 at the time. Is my marriage
legitimate? I do not have a concent letter from my parents.
Thanks for any input
January 21, 2008 6:21 AM
Atty. Gerry T. Galacio said...
Article 35, paragraph (1) of the Family Code states that a marriage
by someone below 18 years of age is void from the very beginning,
even with the consent of the parents.
However, you cannot take the law into your hands and declare by
yourself that your marriage is void. You need to file a petition under
Article 40 FC to have your marriage declared null and void.
You did not indicate the circumstances of your marriage at such an
age. Please take note that you and all parties involved can be
charged civilly and criminally if you (and all the parties involved)
made it appear that you were of the right age and that you had
your parents’ consent for the marriage.
January 21, 2008 1:15 PM
Anonymous said...
I just want to know where can I verify if the person has the authority
to solemnized marriage.And if the witness were not able to attend
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
inherited them or to both
spouses?
Heirs and inheritance (Part 09): Last
will must be probated; Preterition
(when a compulsory heir is
omitted in a last will)
Heirs and inheritance (Part 10): Can
nephews and nieces inherit from
their grandparents, unmarried
aunts or uncles?
Heirs and inheritance (Part 11):
Disinheriting children and
descendants, legitimate as well as
illegitimate
Heirs and inheritance (Part 12):
Disinheriting your spouse
Heirs and inheritance (Part 13):
When a man is married to or living
in with several women
successively or simultaneously,
who has the right to inherit from
him?
Heirs and inheritance (Part 14):
Article 176 of the Family Code:
how to compute the inheritance of
legitimate and illegitimate children;
an illegitimate child gets only 50%
of what a legitimate child is
entitled to
Heirs and inheritance (Part 15): Who
inherits from a man or woman
who died single and with no last
will?
Hold Departure Order for children
while the petition for legal
separation, annulment or
declaration of nullity is ongoing
Hope and help for the battered
woman (2): RA 9262 essential
provisions
Hope and help for the battered
woman (3): RA 9262 Protection
Orders
Hope and help for the battered
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during the marriage ceremony,and somebody else signed for
them,is the marriage that took place considered void and invalid?
Thank you!
January 21, 2008 7:54 PM
Atty. Gerry T. Galacio said...
1. You can verify with the National Statistics Office as to whether a
person is authorized to solemnize marriages or not.
Please take note however of Article 35, paragraph 2 of the Family
Code which states:
Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age
even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so.
NOTE: This means that if you or the man believed in good faith
that the solemnizing officer had the authority, the marriage is valid
even if it turns out that such an officer was not legally authorized to
solemnize marriages.
2. There are two kinds of requisites for a valid marriage: essential
and formal. The requirement for two witnesses signing the
marriage contract is a FORMAL requisite. The FC provides that
Art. 4. The absence of any of the essential or formal requisites
shall render the marriage void ab initio, except as stated in Article
35 (2).
woman (4): Emotional abuse /
psychological violence
Hope and help for the battered
woman (5): Biblical response to
abuse; evangelical Christians are
best husbands – University of
Virginia study
Hospital Detention Law Republic Act
No. 9439
How do courts determine which
parent has the right of custody of
the children in legal separation,
annulment or declaration of
nullity?
If a person gets married while his
petition for declaration of nullity of
his first marriage is ongoing, can
he be charged with bigamy?
If a wife gets pregnant by a man not
her husband, will the child be
legitimate or illegitimate?
If husband and wife have not seen
each other for more than seven
years, does it mean that their
marriage is already void?
Irreconcilable differences not a
ground for declaring a marriage
null and void
A defect in any of the essential requisites shall not affect the
validity of the marriage but the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable.
Is the Philippine embassy in Japan
violating Article 26 of the Family
Code and Supreme Court
decisions?
NOTE: The fact that the other people signed for the witnesses is a
formal requisite that does NOT affect the validity of the marriage.
HOWEVER, all parties involved in the irregularity shall be charged
in a civil, criminal or administrative case.
Katrina Halili and Hayden Kho
scandal: being under the influence
of alcohol or drugs is a prohibited
defense under RA 9262
January 23, 2008 3:47 PM
Anonymous said...
Dear Atty. Galacio,
Thank you very much for your reply to my previous questions,I
really appreciate it. I hope you will not mind if I ask another
question/s as I don't really know how can I file my petition for
recognition of foreign decree of divorce and or annulment. Can I
file the petition for recognition of foreign decree of divorce and or
annulment on my own without hiring a lawyer to represent me? I
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
Katrina Halili vs. Hayden Kho case:
What is a demurrer to evidence?
Could Hayden be forced to testify
in court?
Kris Aquino and James Yap cannot
adopt Bimby jointly or
sequentially; only one of them can
adopt Bimby
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am a single parent and I don't have funds to pay for the costly
process of annulment and or recognition of foreign decree of
divorce. I understand that I can apply for legal aid through PAO or
Public Attorneys' Office or other institutions like the Integrated Bar
of the Philippines (IBP ) or law schools that have legal aid program,
but there is no guarantee that they will take on my case. And even
if they do, I will probably have to wait for a long time due to their
heavy load. I am not sure of what to do, do I have to file for
annulment or do I have to file for recognition of foreign decree of
divorce? Where do I have to file it, is it in the Regional Trial Court
or in the Family Court? Please advise, I will be very grateful if you
can enligthen me. Thank you very much and God Bless.
January 23, 2008 9:34 PM
Anonymous said...
Atty. Galacio
I have additonal questions please based on the above ...
If the lady does not have the money to pay for annulment ~
considering all that annulments need to have done and paid for ~
can she enter into a common law 'marriage' legally in terms of to
the outside world she is married and can she then, with her
'common law husband', act and be recognised as and claim to be
husband and wife legally or is this bigamy because of a claim to be
married? Hope this is clear and thanks.
January 24, 2008 4:59 PM
Atty. Gerry T. Galacio said...
1. As I have discussed, a divorce obtained abroad by a Filipino
citizen will not be recognized here in the Philippines. When the
divorce proceedings were initiated by the foreignerspouse against
the Filipino spouse, then such a divorce will be recognized here
provided the requirement of Article 26 has been complied with.
That is, if such a divorce allows the foreigner spouse to remarry,
then the Filipino citizen can also remarry.
2. Assuming it is the Filipino spouse who is the innocent party (that
is, he or she did not initiate the divorce), before she can remarry
here in the Philippines, he or she must comply with the
requirements of Article 13 FC. That Filipino must file the proper
petition in court for the foreign decree of divorce to be recognized
here.
3. If it is the Filipino spouse who initiated the divorce, then such a
divorce will not be recognized here in the Philippines. That foreign
decree of divorce cannot be given effect here.
It may be costly, timeconsuming and seemingly a superfluous
repetition of what has already been decided in the divorce
proceedings abroad, BUT that Filipino spouse, in order to remarry
here, must file a petition to have his or her marriage declared null
and void. A common ground used as you may know is Article 36 or
psychological incapacity.
4. Please take note that legally speaking, annulment is for voidable
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Laban o Bawi : Parents’ obligations
in handling their children’s
property
Laws, facts and statistics on
abortions in the Philippines
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trial courts (MTC, RTC)
Legal Procedures 02: Jurisdiction of
the Court of Appeals and the
Supreme Court
Legal Procedures 03: Katarungang
Pambarangay
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subject to Katarungang
Pambarangay
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investigation
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subject to Summary Procedure
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marriages, while declaration of nullity is for void marriages.
5. It is true that annulment / declaration of nullity is very expensive.
Here in Metro Manila, lawyers generally ask for an initial fee of one
hundred thousand pesos. Total costs will amount to something like
one hundred fifty up to two hundred thousand pesos.
prescription of the crime; civil
liability
Legal Procedures 22: Filing of
complaint and answer in civil
cases
In our system of laws, ordinary persons cannot file cases on their
own since this would be an illegal practice of law. You need to
retain the services of a lawyer to prepare the pleadings for you and
to prosecute the case for you.
Legal Procedures 23: Default or
failure to answer
There is a Makatibased law office Guzman Tanedo Acain which I
understand specializes in annulments and legal separations AND
adjusts its rates depending on the financial capability of the
petitioner. Its office is at 316 Mile Long Building, Amorsolo Street,
Legaspi Village, Makati City, 1200 Philippines; Telephone: (632)
8941441; email: [email protected]. Perhaps, you can try
contacting this law office.
Legal Procedures 25: Kinds of
pleadings and motions
Please take note that I am not in any way connected with this law
office.
6. All cases involving marriage, family relations, minors, and others
of the same nature are required to be filed in the Family Court. The
Family Court is a Regional Trial Court specifically designated as a
Family Court. We also have RTCs designated as commercial
courts (handling cases previously under the jurisdiction of the SEC)
and also, drugs courts.
7. Common law marriages or livein relationships or unions without
marriage (as the FC calls them) are frowned upon by the FC and
our Constitution. Factually, however, the DSWD has reported that
40% of couples in CALABARZON are merely living in. That
translates to about 90,000 couples who either do not believe in the
institution of marriage or who were probably married to parties
other than their present partners. The DSWD is undertaking an
advocacy program to legalize these relationships.
Under the Revised Penal Code, there is bigamy if a person gets
married again while he or she is still in a subsisting marriage. If a
married person is involved with a person other than his or her
spouse (but without getting married to the adulterous partner), then
cases such as adultery, concubinage or psychological violence can
be filed. Please read my article Adultery, concubinage and
psychological violence in this blog in order to understand the
differences.
Also, a person involved in a common law relationship, if he or she
is employed by the government, may be charged administratively.
There is however a landmark case (Estrada vs. Escritor) decided
by the Supreme Court two or three years ago, where a Escritor, a
female government employee livedin with a man despite the fact
that both of them were married to other parties. The government
employee was charged administratively for immoral conduct. The
Supreme Court however recognized that employee’s defense of
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
Legal Procedures 24: Motion to
Dismiss
Legal Procedures 26: After the last
pleading or motion
Legal definition of "death"
Legal lesson from “Panday Kids”
Legal lessons from GMA 7
telenovela “Ikaw Sana”
Legal lessons from GMA 7’s “First
Time” (presumption of legitimacy
and simulation of birth)
Legal lessons from GMA 7’s “Pepito
Manaloto”
Legal lessons from the Kris Aquino
James Yap breakup: legal
separation, annulment,
declaration of nullity, essential and
formal requisites of marriage
Legal lessons from the
Maguindanao Massacre (01):
arraignment and plea
Legal lessons from the
Maguindanao massacre (02): bail
Mandatory drug testing constitutional
for students and employees but
not for senators and persons
accused of crimes
Maria Venus Raj Bb.Pilipinas
controversy, due process of law
and other legal issues
Mediation not applicable to domestic
violence cases
Miss, Ms, or Mrs? Philippine law on
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freedom of religion (Escritor is a member of the Jehovah's
Witnesses), and she was not dismissed from the government
service. Please read my article The Estrada vs. Escritor case: Did
the Supreme Court legitimize livein relationships? You can find the
article in the Previous Posts section my blogs (Legal Updates, Salt
and Light, and Baptist Churches in the Philippines).
January 24, 2008 6:08 PM
Anonymous said...
Nullity of Marriage. Are typical attorney fees the same as
annulment? How about time line, is Nullity longer or faster?
January 24, 2008 8:27 PM
Atty. Gerry T. Galacio said...
surnames for married women
Philippine law on household helpers;
pending bills “Batas Kasambahay”
or “Magna Carta for Household
Helpers”
Plain English / Plain Language
revisions: BSP Circular No. 702,
Series of 2010 on protection of
credit card holders
Plain English / Plain Language
revisions: DSWD Travel
Clearance for Minors
Attorney’s fees for declaration of nullity (void marriages) and
annulment (voidable marriages) are typically the same, with the
time line being essentially the same. However, for declaration of
nullity of a BIGAMOUS marriage, since it is only a matter of records
(and which therefore does not require a psychological report and
the testimony of the psychologist), some lawyers ask for much
lower fees.
Plain English / Plain Language
revisions: DepEd Order No. 88 s.
2010
It is not a question of personal preference – whether you want an
annulment or declaration of nullity. Whether the proper petition is
annulment (voidable marriages) or declaration of nullity (void
marriages), this would depend on the factual circumstances.
Plain English / Plain Language
revisions: PVAO educational
benefits
January 26, 2008 2:42 AM
aillizah said...
good day atty.,
i just would like to ask why the law stated 18 as the marrying age?
aside from the belief that they are mature enough (being
considered as the universal age of majority), are there still other
grounds or reasons (moral, psychological and practical)? are there
also books or sources that can prove these grounds?..
thanks...
January 29, 2008 6:11 PM
Atty. Gerry T. Galacio said...
Before the Family Code became effective in August 1998, our laws
on marriage were found in the New Civil Code of the Philippines.
Under the NCC, males could get married at age 16 while females
could get married at age 14. The FC changed the minimum age for
getting married to 18 for both men and women.
The commission which crafted the Family Code included among
others Judge Alicia SempioDy. It was the view of the commission
members, based on their experiences and learning, that age 18
was the most appropriate minimum age for getting married. Judge
SempioDy has a book on the Family Code and she might have
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Plain English / Plain Language
revisions: PDIC notice to Banco
Filipino depositors
Plain English / Plain Language
revisions: Pantawid Pasada
Program guidelines
Plain English / Plain Language
revisions: Public Attorney’s Office
guidelines
Plain English / Plain Language
revisions: RA 9994 Expanded
rights of senior citizens
Plain English / Plain Language
revisions: Senate rules of
procedure in the impeachment of
Chief Justice Corona
Plain English, Plain Language or
Plain Writing for government
offices and private companies in
the Philippines
Precautions in buying real estate
Primer on RA 7877 or the “Anti
Sexual Harassment Act of 1995”
Primer on RA 9262 or the "Anti
Violence Against Women and
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more explanation there about this issue.
Also, you can research the deliberations of the Family Code
Commission. The UP Law Center (Law Library) in Diliman, Quezon
City most probably has a copy of these deliberations.
January 31, 2008 4:17 PM
Anonymous said...
good day!
I just want to ask some questions.
I am a filipino citizen was married to a foreign national, my ex
husband initiated the divorce abroad. What are the procedures for
me to do to have my divorce decree recognized here in
Philippines? What are the requirements needed for me to have my
divorce recognized?
Please enlighten me on this. Thank you very much.
their Children Act of 2004"
Primer on the Family Code of the
Philippines: Absolute community
of property
Primer on the Family Code of the
Philippines: Donations by reason
of marriage
Procedures in RA 8552 domestic
adoption and RA 8043 inter
country adoption;
misinterpretation of RA 9523
Atty. Gerry T. Galacio said...
Property rights of foreigners married
to or living in with Filipino citizens;
Can foreigners own land and
other real properties in the
Philippines?
Article 13 of the Family Code states, “In case either of the
contracting parties has been previously married, the applicant shall
be required to furnish, instead of the birth or baptismal certificate
required in the last preceding article, the death certificate of the
deceased spouse or the judicial decree of the absolute divorce, or
the judicial decree of annulment or declaration of nullity of his or
her previous marriage.”
Proposed bill (01): Requiring the
publication of orders, notices, etc.
on the Internet instead of
newspapers, and creating a
government office and website for
this purpose
If the Local Civil Registrar of the place where you are applying for a
marriage license (assuming you are getting married again), refuses
to issue a marriage license, then you can take judicial action to
compel it to register the foreign divorce decree.
Protecting our families and churches
from Internet pornography; court
decisions on pornography and
obscenity
February 13, 2008 3:07 PM
However, you just might want to have the foreign divorce decree
recognized or registered with the proper government office (without
any thought as of now of a possible remarriage).
There is no specific Rule in the Rules of Court for the recognition of
a foreign divorce decree, so we have to look at court decisions
and/or actual legal practice for guidance.
The Supreme Court ruled in the case of Garcia vs. Recio (G.R. No.
138322. October 2, 2001) that A divorce obtained abroad by an
alien may be recognized in our jurisdiction, provided such decree is
valid according to the national law of the foreigner. However, the
divorce decree and the governing personal law of the alien spouse
who obtained the divorce must be proven. Our courts do not take
judicial notice of foreign laws and judgments; hence, like any other
facts, both the divorce decree and the national law of the alien
must be alleged and proven according to our law on evidence.
In one case (RP vs Orbecido, G.R. 154380 : October 5, 2005),
the party filed with the Regional Trial Court a petition for
authority to remarry.The Supreme Court in its ruling stated that
Orbecido’s petition really partook of the nature of a petition for
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
Protection Order for abused
husbands?
Questioning the legitimacy of a child,
simulation of birth, cancellation of
birth certificates
Quickie marriages under Article 34
of the Family Code: Is the
marriage void if the affidavit of
marital cohabitation is false?
Republic Act 9285 Alternative
Dispute Resolution Act of 2004:
How to solve legal disputes
without going to court
Republic Act No. 9485 AntiRed
Tape Act of 2007
Rights of employees and obligations
of employers in business closure,
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DECLARATORY RELIEF which is covered by Rule 63 of the Rules
of Court. Section 1 of Rule 63 clarifies as to who may file this kind
of a petition: Any person interested under a deed, will, contract or
other written instrument, or whose rights are affected by a statute,
executive order or regulation, ordinance, or other governmental
regulation may, before breach or violation thereof, bring an action
in the appropriate Regional Trial Court to determine any question
of construction or validity arising, and for a declaration of his rights
or duties, thereunder.
Thus, you have to file a petition for declaratory relief under Rule 63
asking the court for a declaration of your rights or duties under the
foreign divorce decree. This assumes of course that the petition is
for purposes of remarriage.
As I stated above, you just might want to have the foreign divorce
decree recognized or registered with the proper government office
without any thought as of now of a possible remarriage. Thus,
instead of a petition for declaratory relief, you can try to directly file
with the Regional Trial Court (in your place of residence) a petition
for recognition of the foreign divorce decree and asking for
registration of the decree with the National Statistics Office.
February 15, 2008 4:04 PM
Anonymous said...
Dear Atty. Galacio:
Iam British and live in Singapore. My finance is a Philippines
citizen. Is there any requirement for me to stay in the Philippines
for the period of the 10 day notification of marriage. I live in
Singapore and had planned to fly to Manila, get my Certificate of
No Impediemnt the head to my fiances home town and register for
the marriage. I had hoped to fly back to Singapore and return after
10 days to marry. Can you tell me if there is is a problem with this
plan?
March 10, 2008 3:31 PM
Atty. Gerry T. Galacio said...
1. First of all, you have to obtain from the Singaporean embassy or
consulate here in the Philippines a document known as Certificate
of Legal Capacity to marry.
2. You and your prospective spouse must then present that CLC
when you apply for a marriage license. The Family Code of the
Philippines (Article 17) provides that the Local Civil Registrar must
post that application for a marriage license for a period of ten days.
There is no provision in the Family Code which requires any of the
applicants to stay within the Philippines within that tenday posting
period. The purpose of the tenday posting period is to provide any
person with knowledge of any impediment or obstacle as to why
the license should not be granted with the opportunity to make the
proper objection.
asset sale, or stock sale
Sexual infidelity or promiscuity does
not constitute psychological
incapacity
Should the private handwritten
instrument in RA 9255 be signed
by the father?
Small Claims Cases: Does someone
owe you a hundred thousand
pesos or less and refuses to pay?
Support for abandoned woman and
family
Ted Failon case (1): what is
obstruction of justice?
Ted Failon case (2): When police
officers “invite” you; RA 7438
rights of a person under custodial
investigation
The "Battered Woman Syndrome"
as defense
The "Battered Woman Syndrome"
explained
The Estrada vs. Escritor case: Did
the Supreme Court legitimize live
in relationships?
The Internet, chat rooms, and
marital infidelity
Typhoons Ondoy and Pepeng: Free
PDF download “Where is God
When Things Go Wrong?”
Unfair credit card debt collection
practices and their sanctions
under BSP regulations
Visitation rights over illegitimate
children
What happens in an annulment case
if the respondent fails to file an
Answer?
What surname should illegitimate
children use? Problems and
issues with RA 9255 and its
implementing guidelines
As the FC (Article 18) provides, however, even if someone objects
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to the granting of the license, the Local Civil Registrar cannot by
itself refuse to issue the license. It is only by an order of a
competent court that the LCR can refuse to issue the license.
When a family member is a drug
dependent
Legally, therefore, I do not see any obstacle to your plan to file the
application for a marriage license, go back to Singapore, and come
back after ten days when the license has already been issued. The
only problems I can foresee are practical in nature, there might be
problems with certain documents, payment of fees, etc. It would be
much better if you simply stayed here in the Philippines for the
duration of the tenday period to take care of whatever problems
might crop up.
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March 10, 2008 5:02 PM
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Anonymous said...
Hi Atty. Gerry Galacio,
My wife and I married a few years ago in a catholic church in UAE
and the marriage is not yet registered or reported to the Philippine
Consulate here (due to very long process). We are planning to get
married again in a catholic church in the Philippines this year so
that we can celebrate/share with our families, relatives, and friends.
ATTY. GERRY T. GALACIO
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Is it legal? Please help.
Thank you very much.
And more power on your blog.
March 11, 2008 9:45 PM
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Atty. Gerry T. Galacio said...
1. The rule for marriages contracted by Filipinos abroad is lex loci
celebrationis, meaning, if the marriage is valid in the place where it
was celebrated, then it is valid here in the Philippines (with certain
exceptions). Your marriage in UAE assuming it complied with all
the requirements there (and it does not fall under the exceptions to
the lex loci celebrationis rule) is valid here in the Philippines even if
it has not been recorded in official records of the Philippine
government. Please take note that the marriage certificate or
contract is not an essential or formal requisite of marriage under
the Family Code. Thus, even if there is no record (as of yet) of your
UAE marriage, you are validly married.
2. Thus, if you get married again here in the Philippines, it should
only be a pro forma celebration, sort of reenactment of what has
already legally taken place in UAE. Meaning, you should no longer
apply for a marriage license or sign the marriage certificate, etc.
You should definitely inform the officiating minister of your previous
marriage in UAE and explain to him that what you need is a
reenactment or renewal of vows or a public celebration with family
and friends.
The problem is, if you apply for a marriage license and sign the
marriage certificate and the officiating minister forwards it to the
NSO, you might eventually end up with two marriage certificates on
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Related blog
Marital infidelity: causes,
consequences and conclusions;
Mediation not allowed in domestic
violence cases (with apologies to Pia
Guanio); Why marriages fail: He
said, She said; Transformers: Why
do persistent suitors become
passive husbands? How to save
your marriage alone; All about
women; Why do men think the
things they think, say the things they
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file with the NSO (one from your marriage in UAE and the other
one from your marriage here in the Philippines). Needless to say
that creates administrative and legal problems for you.
March 12, 2008 2:28 AM
Anonymous said...
Hi Atty. Gerry Galacio,
say, and do the things they do?
Surviving marital infidelity; Legal
lessons from Willie Revillame and
Liz Amoro; Marriage: The Ultimate
Fighting Championship; Boundaries
in marriage; and other articles.
Color or black and white?
Thank you for your very quick response. It is very helpful.
Therefore, you just need to avoid double NSO marriage
registration.
Right?
Btw I have one clarification to make. The marriage registration did
not reach the Philippine Consulate here. The process here is to
register first in UAE Ministries of Courts, then Justice, then DFA
and the last is the Philippine Consultate. We are still in the UAE
Ministry of Justice process.
For argument's sake,
1. What if we did not report our marriage to Philippine Consulate
and then we marry in the Philippines?
2. And if ever we have double NSO marriage registration, what
administrative and legal problems it will make? Who will sue or
take legal action on us?
I took these pictures when I was a
journalism teacher and yearbook
adviser in Rizal High School in Pasig
City, Metro Manila, Philippines from
1984 to 1995. Rizal High School was
once credited in the Guinness Book
of World Records as the world’s
largest high school. Hello to all
Rizalians!
Campus Connection blog
3. Is the Civil wedding and then church wedding scenario is the
same?
Thank you very much again.
March 12, 2008 1:41 PM
Atty. Gerry T. Galacio said...
The right of a priest, pastor or any religious minister to solemnize
marriages emanates from the State, specifically from the provisions
of the Family Code. Without such authority, a priest, pastor or
minister can be prosecuted criminally.
Thus, a civil marriage (solemnized by a mayor or a judge for
example) and a church marriage (solemnized by a priest, pastor or
minister) are the same in legal effect. Whether a civil or church
wedding, the couple has to present their marriage license, sign the
marriage certificate, observe the rule on two witnesses, etc.
If a couple has already been married in a civil rite, there is no need
for a church wedding. The same thing when a couple gets married
in a church wedding, there is no need for a civil rite.
It is a decision you and your wife have to make whether to report or
not your marriage in UAE. As I explained to you, we follow the rule
on lex loci celebrationis. I cannot speculate on what can and
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cannot happen if you do not report your marriage in UAE to the
proper Philippine government officials.
If there are two marriage certificates on file with the NSO, that
gives rise to administrative problems. Which certificate should the
NSO release when asked for a copy? Even if you got married to
the same person, you would have committed falsification of entries
in a public document (in the application of marriage license where
you would place single in the marital status among other things).
This is a public crime meaning anyone with knowledge of the crime
can report it.
March 12, 2008 6:38 PM
Anonymous said...
Thank you for your immediate reply Atty. Gerry Galacio.
content online,
with J. Vernon
McGee,
Charles
Spurgeon,
Erwin Lutzer,
James Dobson,
John
MacArthur,
Chuck Swindoll,
Tony Evans,
Adrian Rogers,
John Piper,
Chip Ingram,
David Jeremiah, Tony Evans, Kay
Arthur, Beth Moore, Greg Laurie,
etc.
The past days, I have been reading a lot of cases. And I have
couple of points to mention:
* Most of the cases filed about double marriage only involves a
third party (bigamy or concubinage), abuse or abandonment. We
know a lot of famous celebrities, politicians and businessmens who
are involved in this third party practice. Most of them are only
money matters and can be easily settled off the court. A person will
not invest his time and money to a case which is usually take years
unless he can get big money out of it.
* Falsification of public document without any damaged to a third
party is difficult to prove for lack of merit (unless you have reported
double marriage certificate to NSO) and even more difficult if it
involves marriage outside of the Philippines.
* Administrative cases is only for employees of the government.
March 15, 2008 6:08 PM
Vincent... said...
Surnames of married women here in Belgium remain.While in my
case, i need to adopt the surname of my husband after my
marriage in the Phillippines.
Could you please help me to find in our existing laws to be my legal
ground in adopting or carrying the surname of my husband?
i am being requested to write an explanation on this regard to the
reason that i am processing my school transcript of records and
diploma for the ministry of education here in Belgium.My diploma
and transcript of records all bears my maiden name which is
contradictory to my Belgian identity card who bears my marital
surname.
I would be grateful of your help.
thank you
Getting married? Take a look at
what “covenant marriage” is all
about
“Marriage is a
covenant
between a
man and a
woman who
agree to live
together as
husband and
wife for as long
as they both
live. We have chosen each other
carefully and have received
premarital counseling on the nature,
purposes and responsibilities of
marriage. We understand that a
covenant marriage is for life.”
Marriage, Parenting and
Singleness Crosswalk.com
3 Signs of Sexual Abuse in Marriage
How Do I Know When My Emotional
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What Marriage Means to Young
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March 16, 2008 5:05 AM
Anonymous said...
Dear Attorney,
Evangelicals
How to be a Better Spouse in Times
of Grief
Greetings!
Just Because I’m Divorced Doesn't
Mean You Should Divorce
I have a very terrible problem and I would like to seek your legal
advise on this.
Online resources
I married to a Filipino citizen who is currently a Permanent
REsident of Canada (not a Canadian Citizen) last MArch 2007. We
sought for legal advise from my lawyer if it's legal to marry here in
the Philippines considering that my husband's exwife is still a
filipino citizen, though married last February 2007 to a Canadian
Nationale. We are so naive with the Family code and we were just
banking on my lawyer's words.
We file the Spousal Visa Application and unfortunately, the
Embassy sent us a letter two weeks ago stating Article 15 of the
Civil Code of the Philippines, thus, telling me that my husband is
still legally married to his exwife, because they found in their
records that both of them are still Citizens of the Philippines.
I talked to my lawyer about this and he said that he was able to get
a Recognition of Divorce Decree of my husband last year and
honestly, we spent a lot of money just for that. He said that he will
write a letter to the embassy for reconsideration along with the
attachments. My lawyer likewise mentioend that the Decree of
Divorce was registered at Department of Foreign Affairs, City of
Local Registrar, etc. Hence we were able to acquire the NSO copy
of our marriage contract.
The Embassy is giving us time though to send a submission or
proposal to address this concern. WE are so lost Attorney. We
wasted so much time. It took us a lot of time before we were able
to file the Spousal Visa becuase we were waiting for our NSO copy
of our marriage contract.
Here are my questions:
1. If its really true that my lawyer got a RECOGNITION of Divorce,
would it be valid enough so our marriage last MArch 2007 will be
legal?
2. If my lawyer will write for reconsideration, with all the attached
documents, do we have to provide the LEgal Capacity to MArry?
3. What do you think we should do? PLEASE HELP US...Our main
goal is to be together and build a family in Canada that we have
both yearning over these years.
Hoping to hear from you soonest.
Thanks and more power!!!
March 16, 2008 8:58 PM
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Anonymous said...
Attorney, just to add..my husband and his exwife were divorced in
Canada last 2006.
We would greatly appreciate your help and legal assistance...We
really dont know what to do...
March 16, 2008 9:02 PM
Atty. Gerry T. Galacio said...
Vincent,
Article 370 of the New Civil Code of the Philippines is our specific
law on the use of surnames of Filipina women. Please surf the
Chan Robles website for the exact citation of this law.
Under Article 370 NCC, Filipino women have the prerogative to
choose their surname after marriage. The option includes retention
of maiden name or the use of the surname of the husband. As a
general rule, since the use of the husband’s surname is not
obligatory, a married woman may retain to her maiden name.
March 16, 2008 11:36 PM
Atty. Gerry T. Galacio said...
P.S.
Vincent,
There is a pending bill in the Philippine Senate authored by Sen.
Miriam Defensor Santiago on the use of surnames by Filipino
women. Basically, however, under Article 370 NCC, you can use
your maiden name or use your husband's surname. You therefore
have to bring to the attentiion of the Belgian officials Article 370 of
the NCC.
Article of the Day provided by The Free Dictionary
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March 16, 2008 11:40 PM
Atty. Gerry T. Galacio said...
1. Please read my article on Article 15 of the New Civil Code [
Ruffa, Ylmaz, TV Patrol, divorce and remarriage by Filipinos
located in http://saltandlight.blogspot.com/2007/06/ruffaylmaz
tvpatroldivorceand.html .
Cats may rule the
Internet and make
beloved pets, but a
recent study has
revealed that they may
also be linked to mental illness. As cute as
they can be, cats can carry a parasite called
Toxoplasma gondii (T. gondii), which can be
passed on to ... More ... Discuss
In the News provided by The Free Dictionary
2. I tend to agree with the Canadian government that your husband
is still legally married to his first wife in view of Article 15 NCC.
What did the petition for recognition of the divorce decree allege?
Do you have a copy of the decision of the court recognizing your
husband’s divorce? What does the NSO copy of your marriage
indicate? Does it contain the notations as to the divorce and your
husband’s right to remarry?
Quote of the Day
You perceive the
force of a word. He who
wants to persuade
should put his trust not
in the right argument,
but in the right word.
The power of sound
has always been
greater than the power
of sense...Give me the
right word and the right
accent and I will move
the world.
With the facts (your husband and his first wife being both Filipinos),
I do not know how your lawyer was able to obtain a recognition of
that divorce. You have to sit down and talk with him or her about it.
Joseph Conrad
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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(18571924) Discuss
Even if the divorce was recognized here in the Philippines (when it
should not have been in my view), your marriage should have
taken place AFTER that divorce decree was recognized by the
court and AFTER it was annotated by the NSO on your husband’s
marriage certificate.
The Certificate of Legal Capacity to contract marriage under the
Family Code is issued by the embassy or consulate of a foreigner
who wants to get married to a Filipino citizen here in the
Philippines. So I do not think the CLC applies in your case.
As of now, you have to rely on your lawyer’s actions as to writing a
letter for reconsideration.
Quote of the Day provided by The Free Library
Spelling Bee
difficulty level:
Thank you very much Attorney for your legal advice.
I have another question....if in the event the Embassy of Canada
will not reconsider. What should be the legal actions we should
take? Do we have to file his annulment? Can he file it even if he
isnt here in the Philippines? Would the Court here in the our
country expedite the Annulment of their marriage considering that
their divorce was granted in Canada? How long you think is the
annulment processing Atty? Also, what would happen to our first
marriage last March 2007, would it be considered null and void?
Do I have to file for a Nullity of Marriage considering that it's the
same name as my husband (considering if we will have the
marriage again after his annulment)?
I just hope and pray that the Embassy will reconsider. My lawyer
will send a letter to the Embassy for justification, along with the
documents. Nonetheless, I just would like to know what other
options we should take so our marriage will be legal. Or you think it
would be best that I will set an appointment with the Embassy to
discuss further on necessary proposals and/or action plan to
address this concern should they will not give any reconsideration?
hard
expert
score:
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Select word:
March 17, 2008 10:56 AM
Anonymous said...
easy
n. Careful forethought to avoid
danger or harm
amicable
tete‑a‑tete
head‑to‑head
mellow
impendent
friendly
laid‑back
knightly
chivalrous
imminent
Match each word in the left column with its
synonym on the right. When finished, click
Answer to see the results. Good luck!
Clear Answer
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Hangman
_________
Your guess:
?
Hoping to hear from your soonest Attorney.
Thanks so much and God bless!
Hangman provided by The Free Dictionary
March 19, 2008 3:51 PM
Atty. Gerry T. Galacio said...
You currently have a lawyer who is handling your case. It would be
a violation of professional legal ethics if I counsel you on these
matters.
For purposes of legal information only, declaration of nullity of a
marriage takes about a year to complete. Our courts cannot take
into consideration the divorce obtained abroad since the FC does
not recognize such.It is a leagl mess since as you observed even
the validity of your own marriage will become questionable.
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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March 24, 2008 5:02 PM
Anonymous said...
Thank you so much Attorney. I understand completely what you
said. Please know that I don't trust my lawyer. He just happened to
be the husband of my cousin and due to personal relationship, we
cannot just argue with him because we supposed that he is more
knowledgeable and well versed in the law relating to family rights
and, and to the status, condition and legal capacity of persons
which are binding upon the citiznes of the Philippines, even though
living abroad. Honestly, we're lost and devastated :(
I would like to extend my sincerest thanks for giving a little
information. I think I'll just have to write a letter to the Embassy and
will just seek for their reconsideration. Otherwise, we'll just have to
do it right and legal. It's just too sad because we wasted so much
time and effort simply because we aren't conversant with the laws
pertaining to dissolution of marriages through divorce.
God bless....
March 27, 2008 11:27 PM
Anonymous said...
hi atty:
I have a question and I hope you can help me on this.
how will I know the authenticity/validity of a marriage certificate/
contratct?
Can it beconsidered as a valid marriage even if there's no
ceremony? They just signed in to a paper then that's it...
April 03, 2008 9:38 AM
Atty. Gerry T. Galacio said...
1. The lack of a ceremony is a mere defect in a formal requisite
and does not affect the validity of a marriage.
2. If the marriage certificate or contract is on file with the NSO, that
is a prima facie (on the surface) evidence of the validity of the
marriage.
If you want to question the genuineness of the signatures of the
parties in the certificate, then you should ask the help for example
of the NBI experts on questioned documents
3. Even if the marriage certificate or contract is not on file with the
NSO, the validity of the marriage can still be established by other
evidence (application for marriage license, the license itself,
testimonies of the solemnizing officer or of the witnesses). Please
take note that the marriage certificate is NOT a formal requisite or
an essential requisite of marriage under the Family Code.
April 03, 2008 10:58 AM
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Anonymous said...
My marriage was already annuled when i transferred to another
govt agency and i was using my maiden name.when i remarried,i
used my husband's surname.will my present office allow me to use
my maiden name again?i am using my maiden name in my
passport and sss transactions.
April 03, 2008 6:06 PM
Anonymous said...
dear atty Galacio,
I was separated from my husband for 3 years now.His friends told
me that he was livingin with a woman.I also have my own life
now.In fact,we got married already but my marriage wasn't annuled
yet.I want to file for an annulment but i don't have the resources..I
know it's very expensive.Is there any lawyer who can help me?
April 03, 2008 6:16 PM
Atty. Gerry T. Galacio said...
Oct 08 ( 1 )
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Aug 13 ( 1 )
You have to verify what your agency’s policy is towards the use of
maiden surnames by married female government employees.
Please also check the Civil Service Commission rules on surnames
at www.csc.gov.ph.
Aug 12 ( 1 )
Article 370 of the New Civil Code is our governing law on the use
of surnames. Under this article, Filipino women have the
prerogative to choose their surname after marriage. The option
includes retention of maiden name or the use of the surname of the
husband. As a general rule, since the use of the husband’s
surname is not obligatory, a married woman may retain to her
maiden name.
Aug 05 ( 1 )
Aug 11 ( 1 )
Aug 10 ( 1 )
Aug 02 ( 1 )
Jul 31 ( 1 )
Jun 14 ( 1 )
Jun 13 ( 1 )
There is a pending bill in the Philippine Senate authored by Sen.
Miriam Defensor Santiago on the use of surnames by Filipino
women.
Jun 12 ( 1 )
From a practical standpoint, it would be better to use the name you
have consistently used in your official documents.
Jun 10 ( 1 )
April 03, 2008 8:47 PM
Jun 11 ( 1 )
Jun 09 ( 1 )
Jun 08 ( 1 )
Atty. Gerry T. Galacio said...
The problem is that your 2nd marriage is void for being bigamous.
You should not have gotten married the 2nd time since your first
marriage has not been declared null and void. Even if your first
marriage is later on declared null and void, this will not make your
2nd marriage valid. You can be charged criminally with bigamy.
April 03, 2008 8:48 PM
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Anonymous said...
Thanks,Atty Galacio for the immediate reply.I am using my married
name here at work ,gsis and bir but i am using my maiden name in
my passport,my sss and bank accounts..will there be a problem in
the future?Also,i just sought the help of a lawyer today and was
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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advised to seek an annulment so as not to complicate things..
Apr 02 ( 1 )
April 04, 2008 5:45 PM
Feb 08 ( 1 )
Atty. Gerry T. Galacio said...
1. If and when your marriage is declared null and void, you will
regain the right to use your maiden surname. Please read my
current article on the use of surnames by married women in my
Legal Updates and Salt and Light blogs.
2. It would be a good idea for you to ask a notary public to prepare
an Affidavit of Identification explaining why you are using different
names in your various documents and that you are one and the
same person. If ever there is a question, you can show this
affidavit.
April 04, 2008 8:45 PM
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Anonymous said...
hi atty:
Sep 22 ( 1 )
Sep 21 ( 1 )
how long will it take before a marrigae can be annulled?
April 09, 2008 7:41 PM
Aug 01 ( 1 )
Jul 26 ( 1 )
Atty. Gerry T. Galacio said...
It depends on several factors like the court docket (meaning case
load of the specific Family Court handling the petition), the place
(Metro Manila courts handle more cases than courts in provinces),
postponements or resettings (absence of lawyers, of the judge, the
fiscal, or stenographer, etc) and other factors beyond the control of
lawyers and clients. On the average however, it will take about a
year or two.
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April 10, 2008 10:23 AM
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Anonymous said...
This comment has been removed by a blog administrator.
April 13, 2008 5:21 PM
May 21 ( 1 )
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Anonymous said...
Apr 27 ( 1 )
hello Atty,
Tanong ko lang po, tungkol po ito sa surname ko.ANg ginagamit ko
po sa ngayon ay surname ng ex husband ko..8 years na po kaming
hiwalay. gusto ko po sanang gamitin na lang ang surname ko nun
dalaga kesa sa surname niya, pupuede po ba ito? Balak ko pong
mag abroad at sa pagkuha ko po ng passport puede po bang
surname ko na nun dalaga ang gamitin ko?
Apr 26 ( 1 )
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salamat po.
April 20, 2008 7:46 AM
Dec 15 ( 1 )
Dec 14 ( 1 )
Atty. Gerry T. Galacio said...
1. Please read my article “Miss, Ms. Or Mrs? Philippine law on
surnames for married women” also found in this blog
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
Dec 02 ( 1 )
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http://famli.blogspot.com/2008/04/missmsormrsphilippinelaw
on.html .
2. Since your marriage has not been annulled or declared null and
void, you are still married to your husband. You are therefore
legally obligated to use your husband's surname.
April 21, 2008 9:50 AM
Oct 12 ( 1 )
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Aug 06 ( 1 )
Anonymous said...
hi atty. galacio:
Aug 02 ( 1 )
Jul 30 ( 1 )
just want to ask your advice. i dont know if it is a problem but i'm
just really curious. i am married now for 12 years. i was 22 when i
got married in civil while my husband is 21 but we dont have a
parents' advice & parents' consent, respectively. he just asked me
that we get married and we did. i even dont know our witnesses. IS
OUR MARRIAGE NULL & VOID? pls answer my query, i would
really appreciate it. thanx po.
April 26, 2008 11:40 PM
Atty. Gerry T. Galacio said...
When your husband got married to you, he was only 21 (and thus
he needed parental consent). That was twelve years ago. Your
husband is now 33 more or less. Please take note of Articles 45
(paragraph 1) and Article 47 (paragraph 1) of the Family Code:
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Art. 45. A marriage may be annulled for any of the following
causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over but below twentyone,
and the marriage was solemnized without the consent of the
parents, guardian or person having substitute parental authority
over the party, in that order, unless after attaining the age of
twentyone, such party freely cohabited with the other and both
lived together as husband and wife;
Art. 47. The action for annulment of marriage must be filed by the
following persons and within the periods indicated herein:
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(1) For causes mentioned in number 1 of Article 45 by the party
whose parent or guardian did not give his or her consent, within
five years after attaining the age of twentyone, or by the parent or
guardian or person having legal charge of the minor, at any time
before such party has reached the age of twentyone;
This means that your husband or his parents should have filed
a petition for annulment of the marriage FIVE years after the
marriage. Since it has now been twelve years after your
marriage, the petition for annulment can no longer be filed.
Moreover, your husband after reaching 21 freely cohabited
with you, and you both lived together as husband and wife. In
other words, the option to have your marriage annulled has
already lapsed.
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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April 27, 2008 9:34 PM
Anonymous said...
i am the one who have recently asked you re: our 12 yr marriage.
it's my 1st time to consult a lawyer & it's so nice of you to answer
right away. thanx po.
i have 1 more question, based on your response meaning po our
marriage is "genuine"? we are not living in sin since we only got
married in civil & not in the church?
i am not bad person, i've been wanting & waiting to get married in
church but my husband never asked me (so sad....but my husband
is a good man)
again thanx po for accomodating me. i will wait for your reply.
April 27, 2008 11:18 PM
Atty. Gerry T. Galacio said...
You are not living in sin simply because you had a civil wedding
without a subsequent church wedding. If the civil marriage
complied with all the essential and formal requisites of marriage
under the Family Code, then there is no need for a church
wedding. In the same way, if a church wedding complied with all
the FC requisites, then there is no need for a civil wedding.
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Under the Philippine legal setting, pastors, priest and religious
ministers derive their authority to solemnize marriages from the
State. A religious minister without the necessary license cannot
solemnize marriages.
April 27, 2008 11:50 PM
Anonymous said...
Jul 14 ( 1 )
Jun 21 ( 1 )
May 28 ( 1 )
May 20 ( 1 )
tnx so much for answering my queries. i believe you're a very busy
man but still you find time to help people like us. i sincerely
appreciate your kindness. God bless you, Atty. Galacio. tnx po!
Apr 24 ( 1 )
April 28, 2008 10:38 PM
Apr 20 ( 1 )
Apr 22 ( 1 )
aleixie said...
Apr 03 ( 1 )
Dear Atty,
Mar 19 ( 1 )
I have been separated from my husband for three years already.
He has a mistress. And I heard he is just waiting for me to file for
annulment. That's why I do not intend to file one.
Mar 04 ( 1 )
My question is about my name. Can I revert to using my maiden
name even without annulment? I've read somewhere that women
are not forced to carry the name of their husbands. Can I now drop
his name and revert to using my maiden name?
What steps must I do in order to have a reversion of name in my
public records, SSS, Philhealth and PRC?
I have no passport yet, can I apply for passport under my maiden
name? I will also declare there that I am married.
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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May 01, 2008 5:27 AM
Atty. Gerry T. Galacio said...
aleixie,
1. Please read my article “Miss, Ms. or Mrs: Philippine law on
surnames.” You can use this link
http://famli.blogspot.com/2008/04/missmsormrsphilippinelaw
on.html
Oct 17 ( 1 )
Oct 08 ( 1 )
Sep 30 ( 1 )
Sep 24 ( 1 )
Sep 06 ( 1 )
Jul 14 ( 1 )
2. As long as you are legally married to your husband, under Article
370 of the New Civil Code, you are obligated to use your
husband’s surname.
Jul 08 ( 1 )
Jun 13 ( 1 )
As I discussed in my article, Sen. Santiago’s bill allowing a woman
to use her maiden surname after marriage or legal separation has
NOT yet been approved by the Senate and/or Congress.
May 29 ( 1 )
3. If you declare in government documents that you are not married
when actually you are, you can possibly be charged criminally with
perjury (making false statements under oath).
May 20 ( 1 )
May 01, 2008 6:47 AM
Anonymous said...
Dear Atty,
I'm a Filipino, working in a foreign country. Was married in the
philippines & got separated after years of marriage.
My question is, if i remarry in a foreign country & not annulled in
the philippines, will it be bigamous in this foreign country?
Thanks!
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May 01, 2008 2:15 PM
Jan 03 ( 1 )
Atty. Gerry T. Galacio said...
You have to consult with a lawyer of that country where you plan to
get married.
However, probably all countries in the world prohibit bigamous
marriages. Exceptions would be Muslim countries where Muslim
men are allowed to contract various marriages at the same time.
You did not indicate whether you are a man or a woman (the term
Filipino primarily refers to citizenship and may refer to either a man
or woman). In Muslim countries, the consequences are especially
severe for a woman (Muslim or nonMuslim) who enters into a
bigamous marriage.
May 01, 2008 3:52 PM
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Anonymous said...
Nov 26 ( 1 )
Atty, I got married, or I thought I did, 29 years ago and I just
learned that there is no record of my marriage in the municipality
Nov 17 ( 1 )
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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where I was supposed to have a civil wedding with my husband. I
got to learn about this when the hospital where my husband was
hospitalized asked for a marriage contract with the registry number.
my copy had no registry number so I contacted the local civil
registry but found that our marriage was not listed. I checked with
NSO Manila and I got a copy of my contract with a registry number.
I went back to the municipality where we got married and asked
how come our marriage was not listed in the civil registry of
weddings but it had a registry number. Upon checking again, the
number belonged to some other couple. I asked if this is possible
that our marriage could be registered in some other place, but the
registrar said No. and that we have to be registered in the original
place even if it is a late registration. My questions: Is it possible that
my husband had it registered in another place and how did he do
it? Will our marriage be considered illegitimate? Thanks for
whatever advice you could give me.
May 03, 2008 11:25 AM
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Atty. Gerry T. Galacio said...
Aug 08 ( 1 )
Do you remember applying for a marriage license? Please
check the NSO copy of your marriage certificate and look for the
details of the marriage license – when and where the license was
issued. Then check with the Local Civil, Registrar of the town or
city which issued the license. Please take note that I am speaking
of the marriage license and not the marriage certificate.
Jul 26 ( 1 )
Under the Family Code, the marriage certificate is neither an
essential nor a formal requisite of marriage. Thus even if the
certificate is missing or defective, the marriage is still considered
valid (as long as the requisites are present). HOWEVER, when
you got married 29 years ago, the prevailing law was the New
Civil Code of the Philippines.
Jul 06 ( 1 )
You mentioned that your husband may have filed the certificate in
another place. Whether under the Family Code or the NCC, it was
the solemnizing officer who was duty bound to submit the marriage
certificate to the LCR (not your husband).
Jun 08 ( 1 )
Before I can give you a more informed answer, I need more
information as to whether you applied for a license or not, AND
why you said that your husband may have filed the certificate in
another place (when it was the solemnizing officer who should
have filed it with the LCR. As I said above).
Feb 17 ( 1 )
May 04, 2008 8:59 PM
Jan 28 ( 1 )
Anonymous said...
Jan 21 ( 1 )
Dear Atty. Galacio:
Jan 14 ( 1 )
Thanks a lot for your quick response. It was my husband who
applied for a marriage license, if I remember right (I don't have a
copy with me right now) on 29 September 1979. I already checked
with the municipality where we were supposed to be married and
the registrar said that he needed proof that we were really married
there. So I produced a copy of my marriage certificate without the
Dec 27 ( 1 )
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registry number, and a photo of the Mayor solemnizing the
marriage. It was in the presence of my sister, and the friends of my
husband. I was 23 then and he was 32. I did not know the mayor
because that municipality is not the place of residence of both of
us. I am sorry I cannot reveal the place to you yet. When the
registrar saw the picture, he said that the one in the picture was not
the Mayor but the Secretary of the Mayor. He then asked why the
windows in the office in the picture were closed. I said I dont know.
He checked the date of our marriage in the calendar and he said,
this date is a Sunday, and for civil weddings officiated by the
mayor, they don't do it on weekends. I was shocked, Atty. I talked
to my husband and he said he does not know anything about it,
probably it is the fault of the mayor's office. I went back to the
municipality and had the signature of the mayor checked if it was
authentic, and nobody could say it was! So, I asked my husband
what really happened but he could not tell me exactly how come it
went that way. I went from one municipality to the other to check if
our marriage was recorded anywhere, but there is no record. I am
supposed to ask for a CENOMAR from NSO, but the Manila office
was able to produce a marriage certificate with a registry number
(which I said does not belong to us). Now I understand why it
cannot be assigned a registry number at that time, it was because
the solemnizing officer was not the real authorized person. I
realized I was so naive not to have checked at that time.
May 05, 2008 7:44 AM
Atty. Gerry T. Galacio said...
1. It was my husband who applied for a marriage license … Article
59 of the New Civil Code of the Philippines (not the Family Code)
provided that BOTH of you must have appeared before the Local
Civil Registrar in applying for a license.
Like I said, the details of the marriage license, you can see them in
the marriage certificate which you were able to get from the NSO.
Except, if your husband did not apply for a license but instead took
advantage of what is called exceptional character (similar to Article
34 of the FC, where no license is required when there is affidavit by
the parties that they have been living in as husband and wife for
five successive years).But the NSO certificate will still contain the
notations if the NCC provision on marriage of exceptinal chracter
was availoed of.
2. Article 53 of the NCC provides that one of the requisites for
a valid marriage was that the solemnizing officer must have
the proper authority. If it is true that the person who
solemnized your marriage was the secretary of the mayor and
not the mayor himself, then your marriage is void.
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Please take note that under Article 40 of the Family Code, a party
cannot simply declare by himself or herself that the marriage is
void. There must a decision of the Family Court declaring the
marriage null and void.
Oct 30 ( 1 )
The best way to find out whether your marriage is valid or not
is to file in court a petition for DECLARATORY RELIEF. In this
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petition, you will be asking the court for its opinion as to whether
your marriage is legal or void. (Instead of a petition for declaratory
relief, you can of course go directly to a petition under Article 40 of
the FC asking the court to declare your marriage void, for reasons
like lack of a marriage license and lack of authority of the
solemnizing officer, etc).
You can try to get free legal help from the PAO (Public Attorneys
Office) in your place; from the OLA (Office of Legal Aid) of the UP
College of Law) in Diliman, Quezon City; or from the IBP chapter
(Integrated Bar of the Philippines) in your town or city. The IBO
chapter offices are usually located in the Hall of Justice of cities.
3. Please read the cases of Pugeda vs. Trias 4 SCRA 849 (331
62) where the Supreme Court ruled that the best proof of the
marriage is the marriage certificate but that it is not the only proof.
In the case of Lim Tanhu vs. Ramolete66 SCRA 425 (82975), the
Supreme Court ruled that the primary evidence of marriage must
be an authentic copy of the marriage certificate. While the marriage
may be proven by other competent evidence, the absence of the
certificate must be satisfactorily explained.
You can find these cases probably in the Chan Robles website. Or
you can go to any library of a law school and ask for help in
locating the SCRA (decisions of the Supreme Court).
May 05, 2008 10:45 AM
Anonymous said...
Thanks a lot for your valuable advice, Atty. May God bless you
always.
May 05, 2008 5:20 PM
Anonymous said...
Good day Atty. Gerry.
Sir, my GF is 21 y/o, do we need to seek parental advice or
consent to get married?
I am confused with family code saying that consent is required for
age between 18 and 21, while advice for age between 21 and 25.
Age 21 is mentioned in both age range.
Thank you and more power. God bless you.
May 13, 2008 8:47 PM
Atty. Gerry T. Galacio said...
Dean Rufus Rodriguez in his book “Family Code of the Philippines
Annotated” clarifies the matter on the age requirement this way:
Parental consent is required of the contracting party who is 18
years old or over but below 21 years of age. Parental advice is
required of the contracting party who is 21 years old or over but
below 25 years of age.
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In simpler terms, between 18 to 21 years old, parental consent is
necessary. From 21 years AND one day (that is, the day after a
person turned 21) up to 25, parental advice is necessary.
May 13, 2008 10:40 PM
Anonymous said...
dear attorney, i was married when i was 16 years old and with my
parental concent.. but the problem is i want the law to declare it as
void.. what process shoul i make to make my marriage delared as
void.?
May 30, 2008 10:45 PM
Atty. Gerry T. Galacio said...
Article 35 of the Family Code states that no one can get married
below 18, even with parental consent. Please take note that Article
40 FC provides that a judicial declaration is necessary; you cannot
take the law into your own hands and by yourself declare that your
marriage is void. You should therefore file a petition for declaration
of nullity of your marriage on the basis of nonage (you can find the
Supreme Court rule in the Legal Procedures section of my website
www.familymatters.org.ph).
Please take that all persons involved in making it appear that you
were of the right age to get married can possibly be charged civilly,
criminally and administratively.
May 31, 2008 2:38 AM
Anonymous said...
Dear attorney,
I married my wife below the age of 18, and now we have two kids.
As I was surfing this site, I found out that it is void even with
parental consent. I am now here working in other country and the
things between me and my wife are really not so good. I havent
checked yet the NSO if they have the record of it coz i leave the
country as single and doesnt need my contract. I was wondering, if
my province municipal didn't able to give the NSO a copy of my
marriage contract, will I have to undergo the same procedure as u
mentioned through court? or I can marry someone anytime I want?
Will the kids be a way to make my marriage valid?
In case I have to undergo those hearings, what can I do? Im here
outside the Philippines.. can somebody.. for example my relatives,
process it on behalf of me?
Thank You and More Power!!
May 31, 2008 9:13 PM
Anonymous said...
Dear Attorney,
I was the one who wrote the above comment.. I just have additional
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question... my wife and I were already married for 10 years.. can i
still file to the court about nullity of my marriage since I don't have
any idea before that It was void.
I was staying here in other country for 7 years..
How long will it took the court to judge the nullity of my marriage?
will I spend a lot of money for it? Because I want to get married
again.
I would highly appreciate ur advice...
again, thank you
June 01, 2008 8:28 PM
Anonymous said...
dear attorney,
i just wanna ask if what are the requirements of a belgian citizen
who wants to marry a filipino in the philippines. what are the
documents that are needed?
i really need your advise..
thank you so much...
June 02, 2008 10:37 PM
Atty. Gerry T. Galacio said...
Article 35 of the Family Code states that no one can get married
below the age of 18, even with parental consent. You cannot
however take the law into your own hands and declare by yourself
that your marriage is void. Article 40 FC states that there must be a
judicial declaration of the nullity of your marriage. If you get married
again without complying with Article 40, then you can be charged
with bigamy.
The marriage certificate is neither an essential nor a formal
requisite of marriage under the FC. Thus even if the marriage
certificate or contract is not on file with the NSO or the Local Civil
Registrar, it does not mean that the marriage is void. The existence
or validity of a marriage can still be proved by other evidence.
A void marriage is different from a voidable marriage. For example,
if a person got married between the age of 18 to 21 without
parental consent, the marriage is voidable (meaning it is valid until
annulled). BUT if that person lived with the other party beyond the
age of 21 without filing a petition to annul the marriage, then the
validity of the marriage can no longer be questioned under Article
45.
In a void marriage however, Article 39 FC states that “the action or
defense for the declaration of absolute nullity of a marriage shall
not prescribe.” Like in your case, even if you have lived for ten
years with your wife, the marriage can still be declared hull and
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void.
The Supreme Court Rule on Annulment or Declaration of Nullity of
Marriages (there is a copy in the Legal Procedures section of
www.familymatters.org.ph) provides that a petition for declaration
of absolute nullity of void marriage may be filed solely by the
husband or the wife. That is your problem. You have to come back
here to the Philippines to file and prosecute the case.
As to legal costs, this case is cheaper since it will only be a matter
of records, that is, cheaper than petitions for declaration of nullity
using Article 36 or psychological incapacity as a ground. In the
metro manila area, you can probably get lawyers who will charge
you fifty thousand pesos as professional fee. Provincebased
lawyers will probably charge lower professional fees. As to time, it
would take about a year or more (depending on the case load of
the Family Court where your case will be heard).
Thus far, we have just tackled the legal aspects of your
situation. The question is, do you have a Biblical ground for
separating from your wife? Please read my article “Biblical
grounds for divorce and remarriage.”
http://saltandlight.blogspot.com/2005/12/divorceand
remarriage_26.html
June 03, 2008 12:22 AM
Atty. Gerry T. Galacio said...
A foreigner wanting to get married in the Philippines must be able
to present a Certificate of Legal Capacity to contract marriage
issued by hiis embassy or consulate. This is provided by Article 21
of the Family Code which states:
When either or both of the contracting parties are citizens of a
foreign country, it shall be necessary for them before a marriage
license can be obtained, to submit a certificate of legal capacity to
contract marriage, issued by their respective diplomatic or consular
officials.
Stateless persons or refugees from other countries shall, in lieu of
the certificate of legal capacity herein required, submit an affidavit
stating the circumstances showing such capacity to contract
marriage.
June 03, 2008 12:26 AM
Anonymous said...
dear attorney,
I really appreciate ur response.would u mind me adding additional
question? so u mean to say sir that i cannot just authorize any
other relatives to process legal action on my behalf?
about the biblical words u are saying sir, I found out something on
my wife way back before and i just got a chance to let her go and
go on our lives. rest assured that my daughter will get everything.
thanks again
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June 03, 2008 4:45 PM
Atty. Gerry T. Galacio said...
The Supreme Court Rule is very clear. You yourself must file the
petition for declaration of nullity. You cannot authorize somebody
else to file this petition for you.
June 04, 2008 12:58 AM
Anonymous said...
I have a short and quick question.
1. is the mirriage of third degree cousins with the same family null
and void?
June 04, 2008 3:18 AM
Anonymous said...
What is the best action if both husband and wife wanted to end the
marriage? not just legal separation.
June 04, 2008 4:05 AM
Atty. Gerry T. Galacio said...
Article 38 of the Family Code states that a marriage between
collateral blood relatives whether legitimate or illegitimate, up to the
fourth civil degree shall be void from the beginning for reasons of
public policy. The prohibition applies only to first cousins, that is
those whose parents are brothers or sisters.
What is the meaning of fourth civil degree? This refers to those
whose parents are brothers or sisters. For example, Boy’s father is
the brother of Girl’s mother. From the boy to his father, that is one
civil degree. From Boy’s father to the grandparents, two degrees.
From the grandparents to the Girl’s mother, three degrees. From
Girl’s mother to the Girl, four degrees. Thus, Boy and Girl are
related by four civil degrees. They cannot get married. If the
relationship is beyond four civil degrees, there is no longer any
prohibition.
If there is such a marriage (between first cousins), the proper
procedure is to have the marriage declared null and void under
Article 40 of the Family Code (there is a copy in
www.familymatters.org.ph).
June 05, 2008 9:35 AM
Atty. Gerry T. Galacio said...
The most commonly used ground for declaring a marriage null and
void in the Philippines is Article 36 or psychological incapacity. I
have several articles on this topic in this blog (please look for the
links in the sidebar) and in the Frequently Asked Questions section
of my website www.familymatters.org.ph. Please read especially
the case of actress Amy Perez. Please also read my article “Can a
husband and wife in a notarized document declare that they are
free to marry other persons and they will not file charges against
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each other?” http://famli.blogspot.com/2008/03/canhusbandand
wifeinnotarized.html
That is the legal procedure. The question is, do you and your
wife have a Biblical basis for ending your marriage? Please
read my article “Biblical grounds for divorce and remarriage”
http://saltandlight.blogspot.com/2005/12/divorceand
remarriage_26.html
If you discover that you and your spouse do not have a
Biblical basis for ending your marriage, what do you then?
There are some organizations which conduct marriage seminars.
You and your spouse can also go to marriage counselors. Ptr.
Clem Guillermo is a wellknown Filipino marriage counselor. He
and his wife have a radio program called “Heartline” aired over
DZAS 702 Khs every evening from 10:30 to 12. There is also a
book by Willard Harley titled “His Needs, Her Needs” which
encourages spouses in crisis to fall in love with each other again. I
have numerous articles on relationships and marriage in my Salt
and Light blog www.saltandlight.blogspot.com
If you need prayers for the crisis you are going through right now,
please visit this link:
http://womentodaymagazine.com/chat/share.html (this link is for
both men and women).
June 05, 2008 9:37 AM
Anonymous said...
gud day atty. i have problem po sa status ng boyfriend ko. at first
when he court me i believed na single po sya.at the age of 24 sino
po ba mag expect na married na with 3 kids. one of my friend
informed me about his status and when i confront him he simply
deny it nung una.later on sinabi nya ikinasal sya last february 2007.
parang napilitan lang. nabuntis nya yung girl nung 17 plng sya.
pero since parang nag live in sila naging 3 anak nila. my concern
atty is this...pwede ba nyang i file annulment yung marriage nya
kasi right from the start hindi naman sila talaga nagsasama kasi
nga po ayaw nya talaga sa girl at napilitan lang sya for the sake
lang sa mga bata. hindi po cla nagkakaintindihan kahit noon pa dw
at aalis na yung girl papunta ng dubai. they talk po and they
decided na mahiwalay sila.mutual decision po. my chance po ma
annul?kasi plan din ng girl to marry a foreigner. ask ko nga po bf ko
hindi raw sya ang kumuha ng marriage license nya. help me
naman po atty. gusto ko rin po kasi kahit papano legal yung
relationship namin. thanks
June 06, 2008 3:47 PM
Atty. Gerry T. Galacio said...
1. Anyone who wants to know the real status of a person before
getting married to that person, can avail of a document issued by
the NSO called the CENOMAR (Certificate of No Marriage). Upon
application (the fee is four hundred pesos I think), the NSO will
search its records to see if there are marriage contracts or
certificates in the name of the specified person. If the NSO finds
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that there is a marriage certificate in the name of that specified
person, then the proper certification is issued.
This presumes of course that the person concerned used the same
name in the past and in the present. If a person uses a different
name right now, then it follows that the NSO search will come up
empty.
2. Since your boyfriend is legally married, then in order to be able
to marry you, he must file a petition for declaration of nullity. If he
gets married before his marriage is declared null and void, he can
be charged with bigamy. Bigamy is a public crime which mans that
ANYONE can with knowledge of the crime can file the case.
The mutual decision to separate does not have any legal effect.
Please read my article “Can a husband and wife in a notarized
document declare that they are free to marry other persons and
they will not file charges against each other?”
http://famli.blogspot.com/2008/03/canhusbandandwifein
notarized.html
June 07, 2008 11:08 AM
Anonymous said...
good day...before i ask my questions, let me first present the facts:
i was born in the philippines (in 1977, making me 31 now) but my
mother [an american citizen] registered me in the US embassy as
an american born abroad [officially, they call it a Consular Report of
Birth Abroad of a Citizen of the USA]; this established my american
citizenship.
my father was always filipino
i grew up in the philippines, as a filipino [i still have a valid
philippine passport]; however, i never renounced my US citizenship
i am now residing in California, but i never renounced my filipino
citizenship
i was legally married in 2000 (in the philippines; i was 23 and the
wife was 21) to a filipina; the certificate indicated my nationality as
Filipino.
now with my questions:
can i file for a divorce here in California to have my marriage in
the philippines ended? according to the family code (art.26,
para.2), as the alien spouse, i must initiate the divorce, to be able
to have it eventually processed and validated thru the philippine
courts. my wife, with whom ive been separated 5+ years already,
and i have agreed that this process will not be contested.
i'm not really clear with the intricacies and implications of the dual
citizenship law; will it have an effect on the validity of the original
certificate, as it was stated there that i was filipino (which is and
was true) but at the same time, i was american all along?
thanks for bearing with me thru this rather long post. i truly
appreciate it.
June 08, 2008 4:13 PM
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Anonymous said...
hello mr atty,
i got married (civil) 1999 left for canada 2000 we had a problem me
and my husband then he got married again with another woman
2003 and live in saudi arabia with his new wife and two kids,2
months ago we had communication and have understanding and
he told me our marriage was the one registed still in NSO
philippinnes,he wants me back but i would like to make sure if our
marriage is really still valid.thank you
June 09, 2008 8:26 PM
Atty. Gerry T. Galacio said...
1. The way I understand it, you want to initiate the filing of the
divorce petition so that your wife (a Filipino citizen) can have the
right to remarry under Philippine law.
2. In order that there will not beany complications, you must fully
establish that you are filing the divorce action as an American
citizen.
Please read my article entitled "The right of a divorced Filipino
spouse to remarry under Article 26 of the Family Code" which has
relevance to your situation. Use this link
http://famli.blogspot.com/2007/12/rightoffilipinospousedivorcee
to.html
The fact that your citizenship is entered as “Filipino” in your
marriage certificate works against you. In the case cited in my
article, the situation was that the marriage was solemnized while
the parties were both Filipino citizens. Later on, one of the parties
became an American citizen. That American citizen later on
divorced the other party (who was still a Filipino citizen). The
Supreme Court ruled that the divorced Filipino citizen had the right
to remarry under Article 26 of the Family Code.
Based on you narration, you were an American from birth (by virtue
of your mother’s American citizenship). RA 9225 (the Philippines’
dual citizenship law) however speaks of a Filipino acquiring foreign
citizenship. Section 3 of the law states: Retention of Philippine
Citizenship Any provision of law to the contrary notwithstanding,
naturalborn citizenship by reason of their naturalization as citizens
of a foreign country are hereby deemed to have reacquired
Philippine citizenship upon taking the following oath of allegiance to
the Republic …
RA 9225 is a relatively new law and there are problem areas like in
the case you described. For example, can a person who holds dual
citizenship file for divorce as a foreign citizen when the Family
Code prohibits or does not recognize divorce? Section 5 of the law
however states that holders of dual citizenship shall be subject to
all attendant liabilities and responsibilities under existing laws of
the Philippines.
The proper course of action here is for you to file a petition for
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DECALARATORY RELIEF with the Regional Trial Court so that it
can issue a ruling on this matter. You can also try to contact the
Bureau of Immigration and Deportation since it is the government
agency tasked to implement RA 9225.
June 10, 2008 12:27 AM
emil said...
thanks for the quick response, atty! upon reading RA 9225, dont
you think it's not quite relevant to my case since it's about
retention/reacquisition of philippine citizenship i never lost it thru
whatever means [renunciation, etc]. both jus soli and jus sanguinis
apply to me [my filipino citizenship from the former, and my
american citizenship from the latter?]. because of my being
american, can i be defined as an "alien" in the philippines, even
though i also am filipino? (funny and confusing, no??)
the blogpost link the you mentioned was helpful, too. one portion of
it stated that..."[4] The reckoning point is not the citizenship of the
parties at the time of the celebration of the marriage, but their
citizenship at the time a valid divorce is obtained abroad by the
alien spouse capacitating the latter to remarry.".
(that's why i asked about the definition of "alien" and its application
to my situation:P)
if i file for a divorce here in california as an american, i shall be
invoking this supreme court opinion, right? and accordingly, will the
nationality entered in my marriage certificate [as filipino] be
superceded by the divorce decree that i shall be filing as an
american?
let me say that you're doing quite a service to everybody thru your
blog [and the quick and concise responses!]. for a nonlaw person
like myself, you've been big help. so again, thanks!
June 10, 2008 6:20 AM
Anonymous said...
my present partner ex husband who married another girl already is
bullshitting our relationship he said he want her ex wife back
insisting he first marry her and their marriage still valid.is there
anyway for me to report this guy for bigamy?in which department
should i write or call?thank you....
June 10, 2008 1:11 PM
Atty. Gerry T. Galacio said...
You have to check with the NSO whether or not your husband filed
for annulment or declaration of nullity of your marriage. If there was
such a court decision, then it would be annotated on your marriage
certificate on the NSO files. But if your husband did not file for
annulment or declaration of nullity, then you are still legally married
to each other. Your husband’s second marriage is therefore
bigamous and void, since he got married without having your
marriage declared null and void first. As far as Philippine law is
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concerned, you and your husband are still legally married.
His second wife and children can however file cases against him
(civil, criminal, support, etc).
June 11, 2008 12:12 AM
Atty. Gerry T. Galacio said...
Emil,
1. As I said, you should file a petition for DECLARATORY RELIEF
with the Regional Trial Court of the place where you have your
residence here in the Philippines. This kind of petition is like asking
the court to issue its opinion on your rights and remedies.
2. Having dealt with your legal situation, the proper question is do
you have a Biblical ground for divorce (annulment or declaration in
Philippine legal terms) and remarriage. please read my article
"Biblical grounds for divorce and remarriage"
http://saltandlight.blogspot.com/2005/12/divorceand
remarriage_26.html
June 11, 2008 12:19 AM
aubrey said...
Dear Attorney,
I was married 2 years ago with my bestfriend. He was only forced
by my parents because he got me pregnant. me, getting pregnant
is really the biggest mistake we've done.. but not totally a mistake
bec the baby itself is not a mistake. I know it was against his will
coz during that time, her girlfriend and him was planning to settle
down also, I know he loves the girl so much but chose me because
of my baby. I know it was painful for him. a month later we got
married, I got miscarriage. Then he finally left me and he went to
the girl he loves. It was really painful for me because I love him so
much.
Right now the girl and my husband is planning to marry. I told him I
will file case against him coz he is still married to me. But the thing
is, he told me that he applied for CENOMAR and the result is, there
is no record of our marriage.
It was my parents who applied for our marriage certificate. Is it
possible attorney that our marriage is FAKE? I have my contract
with me.
So that means he could marry that girl anytime he wants since the
result of the CENOMAR is negative?
Pls help me attorney.. im really in a deep problem. Thank You and
God Bless..
June 13, 2008 7:11 AM
Atty. Gerry T. Galacio said...
Aubrey,
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The marriage certificate or contract is not an essential or a formal
requisite of marriage under the Family Code. Even if such
document is not on file with the NSO, it does not mean that the
marriage is void. The validity of your marriage can still be proven
by other evidences (the application for marriage license, the
marriage license itself, the testimonies of the officiating minister
and of the witnesses, etc).
You can try to get free legal help from the IBP (Integrated Bar of
the Philippines) chapter in your town or city, OR from the OLA
(Office of Legal Aid) from the UP College of Law in Diliman,
Quezon City. The IBP chapter offices are usually located in the Hall
of Justice of cities. Show the lawyers there the documents that you
have to find out if they are genuine or not.
June 13, 2008 5:57 PM
aubrey said...
Thank you for ur response attorney. So u mean to say sir that the
result of the CENOMAR has nothing to do with my marriage??
Does it mean that my husband can really marry any other girl for
the reason that he is still single?
Can i file charges against him?
June 13, 2008 7:50 PM
Atty. Gerry T. Galacio said...
If and when your husband gets married again and you file a case
against him, he will surely produce the CENOMAR in his defense.
You must be able to prove the validity of your marriage (through
evidences like application for marriage license, the marriage
license, testimonies of witnesses, etc). Even now, you should take
steps to prove the validity of your marriage like getting copies of
the documents, the testimonies of the witnesses, the solemnizing
officer, etc.
June 14, 2008 10:52 AM
Anonymous said...
my wife is in canada right now.a year from now she will sponsor
me and my kid for permanent residence.my problem is i applied for
a cenomar and i am shocked till now that there is 2 marriages
listed on my name.the first is in 1988 with my exgf.we had a secret
marriage then.i applied for the marriage cert. today to check the the
birthdates i believe shes under 18 and if she is 18 theres no
parental consent.we never really lived together after a year or so
she went to bahrain and that was the last time i saw her.i later
learned that she got married there and i even know the guys
name.i am married now since 1996 and have a 10 year old kid.i
love my wife and son that i cant even break the info to them about
my previous marriage.please help me what shall i do.i got a year to
settle this thing i hope it will be in that time frame.will you
recommend me a lawyer i am at lost.i love my family.please what
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shall i do...help me
June 16, 2008 7:10 PM
Anonymous said...
dear atty:
i was married(civil) last 2003 with my x bf without parents
consent.we broke up a after a year.we don't live together since out
parents isn't aware of what we have done so our relationship is still
a boyfriendgirlfriend relationship.my problem is our marriage is
registered at NSO.last year my ex bf told me that he got
married(civil) last 2006.next year im also planning to get married.is
annulment the only way to void my record at the nso?pls help
me.thank you
June 17, 2008 12:15 AM
Atty. Gerry T. Galacio said...
1. When exactly in 1988 did you get married? The Family Code
took effect in August 3, 1988. Before the FC became effective,
the marrying age under the New Civil Code was 16 for men
and 14 for women. If you got married before August 3, 1988,
under the NCC, the legal marrying age was 16 for men and 14
for women. This would mean that your first marriage is valid
and cannot be declared null and void on the basis of nonage.
I will assume that you got married after August 3, 1988 (which
means that the FC and not the New Civil Code which applies to
your situation). Under the Family Code, no one can get married
below 18 years of age even with parental consent. Such marriages
are void. However, Article 40 of the FC states that for purposes of
remarriage, a petition for declaration of nullity must be filed. Since
you did not file such a petition, your second marriage (to your wife
now in Canada) is considered as bigamous and void.
You should therefore file a petition for declaration of nullity of your
first marriage on the basis of nonage. Once the petition is granted,
the court order will be provided to the NSO which then places an
annotation o your marriage certificate that the marriage has been
declared null and void. However, this does not necessarily make
your second marriage valid.
2. Assuming that you got married when the New Civil Code was
prevailing rather than the Family Code, then your remedy is to file a
petition for declaration of nullity under Article 36. You can search
Google or Yahoo for lawyers who can handle your nullity case.
3. It is much better in the long run to be completely honest with
your wife on this matter. The longer you delay in confessing to her
your youthful mistake, the more she will be hurt and think that you
have completely betrayed her. If she really loves you, she will
forgive you and help you work through this problem.
If you want people to pray for you in your time of crisis, please
follow this link to a prayer room for men and women:
http://womentodaymagazine.com/chat/share.html
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June 19, 2008 12:26 AM
Atty. Gerry T. Galacio said...
1. The terms ‘annulment” and “declaration of nullity” are not legally
the same. Annulment refers to voidable marriages while
“declaration of nullity” refers to void marriages.
2. Assuming that there were no defects in your marriage (meaning
all the essential requisites were complied with), then declaration of
nullity under Article 36 or psychological incapacity would be the
best way to remedy your situation.
June 19, 2008 12:27 AM
Anonymous said...
atty.im the one with the wife in canada.if i get a court order
nullifying my first marriage.is my second marriage valid now?if not
what shall i do then?do i have to seek a court order too declaring
my second marriage null and void.im just confused since i will still
marry the same person.thank you malaking tulong po talaga.
June 20, 2008 10:33 AM
Atty. Gerry T. Galacio said...
You are in one big legal mess. As I said, having your first
marriage declared null and void will not make your second
marriage valid. This would mean that you also need to file a
petition for declaring your second marriage void. That also means
getting married to the same person again to make things legal all
around.
There is a Makatibased law office (Guzman Acain Tanedo law
office) which specializes in annulments, legal separation, etc. You
can find their website by Google or Yahoo. This law office might be
able to offer you another way out of your legal predicament.
June 22, 2008 3:50 PM
Anonymous said...
thanks for the response atty.i have a follow up question.how much
will it cost for the declaration of nullity?what is the first step i have
to make?is it the same as the as it cost in annulment?and how long
will it take?thank you so much
June 22, 2008 4:30 PM
Atty. Gerry T. Galacio said...
Filipinos use the term "annulment" in a generic sense without
knowing that there is a legal difference between annulment
(voidable marriages) and “declaration of nullity” (void marriages).
The legaljudicial process of terminating a marriage under Article
36 (psychological incapacity) is “declaration of nullity’ and so with a
bigamous marriage. On the other hand, the process of terminating
a marriage where the issue is the lack of parental consent (any or
both parties were between 18 to 21) is “annulment.”
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Declaration of nullity of a bigamous marriage is simply based on
records and thus is relatively cheaper than a declaration of nullity
based on Article 36. In Metro Manila, declaration of nullity based on
Article 36 would cost around one hundred fifty thousand to two
hundred thousand pesos. The major portion of the cost is for the
lawyer’s professional fee.
June 22, 2008 5:07 PM
Anonymous said...
i have a couple of questions for you. Would it be faster or better for
me If I file declaration of Nullity in Canada or there in the
Philippines? Also, in case I will file it here and will be granted the
Decree, will the local civil registrar there recognized it right away? If
no what are processes that I have to go through and how long
does it usuallt takes? Thank you in advance for your reply.
June 23, 2008 4:29 AM
Anonymous said...
good day atty, i got married last march 2005 while im still studying.
i stopped for 1 sem and didnt change my status in my school
documents when i got back to school.
we only live together for over a year, and seperate ways. now, i will
be graduating this october and will apply for work. i was wondering
if i could use my own surname (i dont want to use my exhusband's
surname). only in my marriage certificate and my son's birth
certificate states that im married.
am i able to use my own surname in my curriculum vitae? i didnt
have any sss, medicare, bir account yet. when i apply for one, can i
state that im single but my dependent is my son?
i really appreciate your kindness. god bless.
June 23, 2008 1:37 PM
Atty. Gerry T. Galacio said...
1. Declaration of nullity is a judicial process filed HERE in the
Philippines. Even if you are able to get a court decree (whether for
divorce or annulment) in Canada, that decree will still have to be
the subject of a court case (recognition of a foreign court judgment)
here in the Philippines.
2. The Supreme Court Rule on Annulment / Declaration of Nullity
(there is a copy in my Family Matters website) provides for
procedures in registering the court decree with the NSO. The
lawyer you will retain will take care of that registration as part of his
or her professional services to you.
3. The process usually takes about a year.
June 23, 2008 4:36 PM
Atty. Gerry T. Galacio said...
Please read my article “Miss, Ms, or Mrs? Philippine law on
surnames for married women” at
http://famli.blogspot.com/2008/04/missmsormrsphilippinelaw
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on.html
As long as you are legally married to your husband, you are
obliged to use his surname.
June 24, 2008 7:52 AM
Anonymous said...
Atty. I have a question fo you hope you will answer me back. Me
and my spouse got married under Article 34. We were led to
believe by the minister who officiated our wedding that we don't
need to have a marriage license for us to get married but instead
just sign the affidavit of cohabitation without much elaboration. We
acted in good faith and with good intention when we got married.
It's registered on NSO. We complied all the formal and essential
requisites of marriage except for the irregularity of affidavit of
cohabitation because we really didn't leave together for 5 years.
Will that affect the validity of our marriage? I'm sponsoring my
spouse and immigration is questioning the validity of our marriage.
Thanks.
June 24, 2008 10:47 AM
Atty. Gerry T. Galacio said...
The Family Code expressly allows marriages without a license
under Article 34. Assuming therefore that all the requisites are
complied with (five years cohabitation without any legal
impediment), then the validity of the marriage cannot be
questioned.
Dean Rufus Rodriguez in his book “Family Code of the Philippines
Annotated” states however that if the affidavit of marital
cohabitation under Article 34 was not true in its contents (i.e. the
parties did not really live in as husband and wife for five
consecutive years without legal impediment), then the marriage is
void. Dean Rodriguez states that the situation is similar to that of
having a marriage without a valid marriage license. Under Article
40 of the FC, however, there must be a petition to declare the
marriage null and void.
You did not indicate the reason why Immigration is questioning the
validity of your marriage. Based on what are contained on your
marriage contract or certificate on file wit the NSO, then the validity
of your marriage cannot be questioned. EXCEPT of course if the
Immigration officers are personally aware that you and your
husband did not really live in together as required by Article 34.
June 24, 2008 11:16 AM
Anonymous said...
Thanks for the reply Atty. Immigration is asking us to produce
evidence that we lived together for 5 years but we can't because
we really didn't lived together for that long that's why they are
questioning the validity of our marriage eventhough it's registered
at NSO. If we are going to remarry the same person, will that
correct the mistake in our previous marriage or should we nullify
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first our previous marriage. Please advise us on what should we do
make everything valid and legal. Thank you.
June 25, 2008 10:26 AM
Atty. Gerry T. Galacio said...
1. As far as the Philippine government is concerned, your marriage
is valid based on the NSO records on file and on that affidavit you
submitted. In the Philippines we follow what is known as the
“presumption of regularity” in official documents and in the
performance of official duties.
2. Simply getting married again complicates matters since there is
already a marriage certificate on file with the NSO. The NSO will
always release as being official that first certificate.
3. In order to get married legally, you would have to file a petition
for declaration of nullity based on Article 40 of the Family Code.
But the problem is that you and your husband can possibly be
charged criminally with perjury (lying under oath) when you stated
in the affidavit of marital cohabitation that you had been living in as
husband and wife for five consecutive years. You are in a big legal
mess.
4. If you are migrating to the US, there are companies (advertised
in local newspapers like Reeves.com if I remember correctly) that
specialize in immigration issues. Perhaps these companies may be
able to give you other options in your petition for immigration.
June 25, 2008 10:53 AM
Atty. Gerry T. Galacio said...
For everyone:
Please take time to read my current Salt and Light blog article
entitled "Lessons in love and life from Miriam Quaimbao" at http://
saltandlight.blogspot.com/2008/06/lessonsinloveandlifefrom
miriam.html . Thanks.
June 25, 2008 10:56 AM
Anonymous said...
Atty. Good day to you, I would like to ask if we can still file our
marriage contract after 9 months, and what should we in order to
file it, we had a problem last time we were filing it because as per
registry the solemnizing officer should be the one to process our
license. and i would really liked to process it as soon as possible.
hope you could help.Thank you.
July 03, 2008 10:54 AM
Atty. Gerry T. Galacio said...
Under the Family Code, It is the responsibility of the solemnizing
officer to submit the copies of the marriage contract or certificate to
the Local Civil Registrar. If the certificate is not submitted within
fifteen days from the date of the marriage, the solemnizing officer is
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required to submit a notarized affidavit as to the reason for the late
submission.
Article 23 of the Family Code states that:
It shall be the duty of the person solemnizing the marriage to
furnish either of the contracting parties the original of the marriage
certificate referred to in Article 6 and to send the duplicate and
triplicate copies of the certificate not later than fifteen days after the
marriage, to the local civil registrar of the place where the marriage
was solemnized. Proper receipts shall be issued by the local civil
registrar to the solemnizing officer transmitting copies of the
marriage certificate. The solemnizing officer shall retain in his file
the quadruplicate copy of the marriage certificate, the copy of the
marriage certificate, the original of the marriage license and, in
proper cases, the affidavit of the contracting party regarding the
solemnization of the marriage in place other than those mentioned
in Article 8.
July 04, 2008 9:12 AM
Anonymous said...
hello atty,.atty galacio, i would like to ask if is it possible for late
registry of marriage?and if it is, what is the time lenght for it to be
registered to be still valid? thank you hoping to get a reply from
you...
July 04, 2008 10:18 AM
Atty. Gerry T. Galacio said...
The Local Civil Registrar requires the submission by the
solemnizing officer of a notarized affidavit explaining the reasons
for the late submission of the marriage contract or certificate. If the
LCR finds the reason valid, then the certificate is registered.
Please take note however that under the FC, the marriage
certificate or contract is not an essential or formal requisite of
marriage. Meaning, even if the marriage certificate or contract is
not found in the LCR or NSO files, it does not mean that the
marriage is void. The validity of the marriage can be proven by
other evidences (the application for marriage license, the marriage
license, testimonies of the solemnizing officer and the witnesses,
photovideo, etc).
July 04, 2008 10:33 AM
Anonymous said...
thank you so much Atty Galacio for responding to my
question.regarding the late registry of marriage. will it be valid if the
reason is there is a pending paper of my fiance.the greencard was
confiscated due to residency obligation to US.it was on hold,if
either it will be withdrawn or just suspended.that's why i wantd for
late registry of marriage while waiting for papers be process/thank
you and hoping to get a responce again from you,,it was really a
relief having questions answered. thank you.
July 04, 2008 1:29 PM
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Anonymous said...
in continuation for the topic late regsitry of marriage. the marriage
will be just a civil weeding and not church wedding..hoping to get
responce regarding this,,we wanted to get married but there is a
pending paper of my fince,the greencard was confiscated due to
residency obligation to US.. if it will be valid for the late registry of
marriage and if possible will it not be a conflict for the pending
greendcard?
July 04, 2008 1:33 PM
Atty. Gerry T. Galacio said...
Whether it is civil wedding or a church wedding, the solemnizing
officer is REQUIRED to forward to the Local Civil Registrar the
copies of the marriage certificate or contract. If the solemnizing
officer fails to do so, then the LCR will require him to submit a
notarized affidavit stating the reason for the late submission.
July 05, 2008 8:41 AM
Anonymous said...
DearAtty. Galacio,
My fiancee and I have already applied for a marriage license July 4
2008, while we're waiting for the absolute decree of annulment
from his first marriage, which will be released this July 24, 2008. Is
this license valid for marriage? The LCR said we could get married
already as long as we have already filed the finality and court
decisions for registration. Is this correct? Thank you in advance for
any advise.
July 07, 2008 12:36 PM
Anonymous said...
dear attorney,
good day!
i just want to ask you about secret marriage,what are the
requirements to apply for that because me & my bf are planning to
have a secret marriage next year 2009! im only 20 & my bf is 24.
do i still have to have a parents consent?where can we ask about
the requirements? thank you in advance.
July 08, 2008 8:14 AM
lady said...
Good day Atty!
I just would like to as if you could discuss about Negotiable
Instruments? About Blank cheques,Promissory Note and Bill of
Exchange... thanks!
July 08, 2008 10:59 PM
Atty. Gerry T. Galacio said...
1. Your fiancée’s lawyer will tell you that the remarriage can only
be possible if there is already a Certificate of Finality issued by the
court and if such certificate and the decree are registered and
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annotated on the records of the NSO. The release of the absolute
decree of annulment by itself will not enable your fiancée to
remarry legally. Please read the Supreme Court Rule on
Annulment / Declaration of Nullity in the Legal Procedures section
of my Family Matters website.
Section 23 of the SC Rule provides:
Registration and publication of the decree; decree as best
evidence. –
(a) The prevailing party shall cause the registration of the Decree in
the Civil Registry where the marriage was registered, the Civil
Registry of the place where the Family Court is situated, and in the
National Census and Statistics Office. He shall report to the court
compliance with this requirement within thirty days from receipt of
the copy of the Decree.
(b) In case service of summons was made by publication, the
parties shall cause the publication of the Decree once in a
newspaper of general circulation.
(c) The registered Decree shall be the best evidence to prove the
declaration of absolute nullity or annulment of marriage and shall
serve as notice to third persons concerning the properties of
petitioner and respondent as well as the properties or presumptive
legitimes delivered to their common children.
To make sure that Section 23 has been complied with, you need to
get a copy from the NSO of your fiancée’s previous marriage
certificate or contract and find out if there is already an annotation
there of the declaration of nullity of that marriage.
2. A marriage license is valid for a period of 120 days from the date
it was issued. However, in your application for a marriage license,
since your fiancée is still legally married, there is a requirement
under Article 13 FC that the status of the (previous) marriage be
stated. If your fiancée stated that the marriage has already been
declared annulled (even when there is no compliance yet with
Section 23), then there is a possibility of a criminal case of perjury
being filed against your fiancée.
Until and unless there is compliance with Section 23, and until
you get a copy of the previous marriage certificate with the
NSO annotation of the declaration of nullity of such marriage,
you should not get married.
July 09, 2008 10:32 AM
Atty. Gerry T. Galacio said...
Articles 2 and 3 of the Family Code provide for the requirements for
marriage (whether secret or publicly known). Since you will only be
21 next year, you will need parental ADVICE. This is provided for
by Articles 15 and 16 of the Family Code. Please surf to
http://www.familymatters.org.ph to read these articles.
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Legalities aside, 21 is such a young age for anyone to get married.
Experience has shown that a lot of marriages entered into at a
young age usually end in separation years later. Moreover,
successful marriages usually are those where there is active
support and encouragement from the parents.
July 09, 2008 10:34 AM
Atty. Gerry T. Galacio said...
Negotiable Instruments, Blank cheques,Promissory Note and Bill of
Exchange ...
I liked Commercial Law in law school, except Insurance which I
could not really understand and for which I got a grade of 78 in
MLQU Law School (I eventually graduated from JRC, now JRU).
These topics are beyond my intentions for this blog, however.
Probably I can do a post about BP 22.
July 09, 2008 10:43 AM
Anonymous said...
"...If your fiancée stated that the marriage has already been
declared annulled (even when there is no compliance yet with
Section 23), then there is a possibility of a criminal case of perjury
being filed against your fiancée." Thank you, attorney. I need to
ask one more thing please, since we've already applied for the
marriage license and there's validity of 120 days, if we get married
after we get the decree and the annotated (previous) marriage
certificate, can we use the same marriage license or should we
cancel it (the perjury case is causing me anxiety) and apply for
another one? (since when we applied for the license the decree
was not yet released, although there is finality already). Again,
thank you.
July 11, 2008 12:37 AM
Atty. Gerry T. Galacio said...
1. As a precaution, do not use the marriage license you already
have right now. Let that license lapse and then apply for another
license AFTER you get a copy of the marriage certificate from the
NSO with the annotation that the marriage has already been
declared null and void.
2. You have the steps wrong. First the court issues (or releases) its
decision. If there is no appeal or motion for reconsideration filed by
any party within fifteen days from receipt of the decision, then the
decision becomes final. After that, the court issues upon request a
Certificate of Finality.
July 11, 2008 8:29 AM
Anonymous said...
Good day Atty. Galacio!
My girlfriend is pregnant and she will give birth in December. We
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opt to not get married first, but decided to live together. Now, my
question is: When my girlfriend gives birth to our baby, will the
baby take my surname or the surname of my girlfriend (since we
are not married yet)? I have read article 176, but I just want to be
sure. My girlfriend has no objection to the baby taking my surname.
In fact, that is what we both want. How do we go about this?
Thanks!
July 13, 2008 3:15 AM
Atty. Gerry T. Galacio said...
Please read my artocle entitled "What’s in a name? Problems and
issues with RA 9255 and its implementing guidelines" dated July
14, 2008.
The article has a link to the NSO guidelines on how your future
child can use your surname.
That's legally speaking. Biblically speaking, I advise you and your
girlfriend to get married. Show your girlfriend that you are
committed to her by marrying her.
July 14, 2008 12:14 PM
Anonymous said...
If we plan to have a secret marriage, can I still use my surname for
my documents or should I change my status and use the surname
of my husband?
July 14, 2008 3:02 PM
Atty. Gerry T. Galacio said...
Please read my article “Miss, Ms. or Mrs? Philippine law on
surnames for married women?” Look for the link in the sidebar.
July 14, 2008 5:10 PM
Anonymous said...
dear atty g. galacio,
good day!
do you how much would be the cost in secret marriage? what
would be the content of the parents consent? or can we just do the
secret marriage without the consent? what would be the
consequences if our parents would know about it?im only 20. do
we still need to have a marriage license & where? where can we
go to have a secret marriage?
thank you!
July 16, 2008 1:25 PM
Atty. Gerry T. Galacio said...
1. You are only 20 years old and that means that you need
parental consent (in writing) before you can legally get married.
Article 14 of the Family Code states:
In case either or both of the contracting parties, not having been
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emancipated by a previous marriage, are between the ages of
eighteen and twentyone, they shall, in addition to the requirements
of the preceding articles, exhibit to the local civil registrar, the
consent to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order
mentioned. Such consent shall be manifested in writing by the
interested party, who personally appears before the proper local
civil registrar, or in the form of an affidavit made in the presence of
two witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be recorded in
both applications for marriage license, and the affidavit, if one is
executed instead, shall be attached to said applications.
If your parents find out that you got married without the proper
consent, they can file a petition in court to have your marriage
nullified.
2. You are only 20 years old and that means that you’re just about
to graduate from college or only starting to work. What is your rush
to get married? Most marriages at such a young age end in
separation several years later because of the emotional, mental
and psychological immaturity of the parties involved.
You may feel and think that you are so much in love and ready to
take on the responsibilities of being a wife or husband. Believe me,
you will have a different perspective about yourself, your boyfriend
or girlfriend, and about getting married two or three years from
now, Grow up, learn about yourself, develop your talents and skills,
pursue the open avenues in terms of studies or work, become
mature. Take your time, enjoy your early 20’s, establish yourself in
your studies or career.
Please take time to read my Salt and Light blog article entitled
“Lessons in love and life from Miriam Quiambao” dated June 22,
2008. Please follow this link:
http://saltandlight.blogspot.com/2008/06/lessonsinloveand
lifefrommiriam.html
3. As I discussed in this article, a married woman is required to use
her husband’s surname.
July 17, 2008 1:53 PM
Anonymous said...
Dear Atty,
I pray that you give your reply asap.. I got secretly married in
September 1998 ( i was 24) and I left Philippines to go abroad on
October 1998.We communicated on the 1st 3 months but lost
contact afterwards and did not have anymore communication with
him since then. Its been 10 years past now and i heard recently
from a friend that he already moved on and actually he got married
05 years ago and had 3 children now. I myself also want to move
on as I already found a man with whom i wanted to settle down (im
34 now)..My questions are ;
1) can i file for an annulment??
2) If i file for annulment, im worried that it may result of him being
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charged with bigomous act. i dont want to hurt his 2nd wife and 03
children now.
3) Will the annulment case will require the presence of all my family
as well as his family in the court??
4) im aware that it would take at least 2 years for releasing the
annulment final decision. Within these two years , how often do we
need to attend the court for hearings?
Pls help me !!! im so lost..
July 18, 2008 2:02 AM
Anonymous said...
sir,question lng po...so article 370 makes an "ok" for me to retain
my maiden name sa passport? all of my office documents and
legal documents are under my maiden name. i changed my
passport under my husbands surname since he insist on doing
that. possible could i ask for request to change it back to my
maiden last name? since all of my documents,are under my
maiden name? thanks so much sir! God bless!
July 18, 2008 4:31 AM
Anonymous said...
hi atty. my exhusband and i were separated for 2 yrs and i dont
knw where he is right now. We have lots of misunderstanding
before and also he is taking drugs. i remember few years ago he
always hit me if hes wasted na. can i use this as a ground and if
ever to revert my name to maiden name again. i don't have much
money to file coz i know this is money matter for sure. thank you so
much
July 18, 2008 11:19 AM
Atty. Gerry T. Galacio said...
1. “Annulment” refers to voidable marriages while “declaration of
nullity” refers to void marriages. The most popular ground for
declaring the nullity of a marriage here in the Philippines is Article
36 of the Family Code (psychological incapacity). Please read the
FAQ section of my Family Matters website for the differences
between annulment and declaration of nullity, and their grounds.
Whatever action you take, there is no guarantee that your
husband’s bigamous marriage will not be discovered or taken
up in the proceedings.
2. Proceedings for annulment or declaration of nullity are supposed
to be confidential. The petition is primarily between the complaining
spouse and the offending spouse. There is no need for your family
members to be involved.
3. As the complainant, you need to be present during all the
hearings. For the procedure in annulment or declaration of nullity,
please surf to the Legal Procedures section of my Family Matters
website.
July 18, 2008 2:04 PM
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Atty. Gerry T. Galacio said...
Article 370 of the New Civil Code requires a married woman to use
the surname of her husband. The said law has not been amended
yet. Sen. Miriam Defensor Santiago’s bill has not yet been passed
by the Senate.
July 18, 2008 2:09 PM
Atty. Gerry T. Galacio said...
In order for you to regain your maiden name, you should file a
petition for either annulment or declaration of nullity. If it is granted,
then you can use your maiden name again.
Your husband's drug addiction, physical violence against you, may
be considered as "psychological incapacity" which is a ground for
declaration of nullity of marriage under Article 36 of the Family
Code.
July 18, 2008 2:23 PM
Anonymous said...
thanks atty. One more pa po, is legal separation considered forever
separation na po ba talga or i really need to file an annulment? i
know my exhusband will not cooperate on this because he really
wants to get me back. Do we have public atty po ba who could help
on us na mura lang ang bayad. thanks again.
July 18, 2008 2:57 PM
Anonymous said...
Dear Atty,
thanks so much for yor reply on my 3 questions.. but my added
question po ako sa comment ninyo na;
Quote"
Whatever action you take, there is no guarantee that your
husband’s bigamous marriage will not be discovered or taken up in
the proceedings.
Unquote"
1) Does this mean that he can also go to jail for a bigomous act
even if i dont file a case against him?
2) Re article 36, psychological incapacity, sa kaso ko po, puwede
po bang and reason for applying for annulment is non consumated
marriage for 10 years coz as a married couple, we did not cohabit
not even a day?
I eagerly await your quick reply.
July 18, 2008 9:59 PM
Atty. Gerry T. Galacio said...
1. Please read the Frequently Asked Questions section of my
Family Matters website on the differences among legal separation,
annulment and declaration of nullity.
Even if legal separation is granted by the court, you and your
spouse will still be legally married. You will still be required to use
your husband’s surname.
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2. If one spouse tells the Family Court judge that he or she wants
to reconcile and save the marriage, the judge will exert al efforts to
bring the parties together.
3. The various chapters of the Integrated Bar of the Philippines
(IBP) provide free legal assistance to the public. IBP chapter
offices are often found in the Hall of Justice of cities or of the
provincial capitol.
Free legal assistance is also provided by the Public Attorneys
Office (PAO), a government agency under the Department of
Justice.
July 19, 2008 10:15 AM
Atty. Gerry T. Galacio said...
1. Bigamy is a public crime and anyone with knowledge of the
bigamous marriage can report it to the authorities.
2. Nonconsummation may be difficult if not impossible to prove at
this point in time. It will be just your word. You cannot prove it
physically or medically, until and unless you have not had any
sexual relations before and after your marriage ten years ago.
Please read the FAQ section of my Family Matters section on what
constitutes psychological incapacity. Please also read my article on
Amy Perez in this blog.
July 19, 2008 10:16 AM
Anonymous said...
dear atty,
thank you po sa lahat ng reply and answers nyo to my queries..
nakatulong po ito sakin ng malaki para malinawan ang mga tanong
ko. Thank you.
July 19, 2008 11:21 PM
Anonymous said...
Dear Atty,
If I will need a certified true copy for the registered decree of
absolute nullity, do I get it from the NSO or the court that released
the decree? Should my annotated marriage certificate bear the
decree number that states my marriage has been declared null and
void, or does it simply state the annotation NULL and VOID? Thank
you so much for your help in this confusing legal matters. God
bless!
July 20, 2008 9:33 AM
Atty. Gerry T. Galacio said...
The Supreme Court Rule on annulment or declaration of nullity
(there is a copy in the Legal Procedures section of my Family
Matters website) provides in Section 23:
Registration and publication of the decree; decree as best
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evidence. –
(a) The prevailing party shall cause the registration of the Decree in
the Civil Registry where the marriage was registered, the Civil
Registry of the place where the Family Court is situated, and in the
National Census and Statistics Office. He shall report to the court
compliance with this requirement within thirty days from receipt of
the copy of the Decree.
(b) In case service of summons was made by publication, the
parties shall cause the publication of the Decree once in a
newspaper of general circulation.
(c) The registered Decree shall be the best evidence to prove the
declaration of absolute nullity or annulment of marriage and shall
serve as notice to third persons concerning the properties of
petitioner and respondent as well as the properties or presumptive
legitimes delivered to their common children.
Unless you had a different arrangement with your lawyer, Section
23 is still a part of his or her responsibilities to you.
July 21, 2008 11:23 AM
Anonymous said...
Hi Attorney,
I have a question, is it possible to get married to someone with the
same surname but both you are not relatives? is there a law that
prohibits that kind of arriage with the same surname?
I am living with my girl that i have met last 3 years ago during my
travel in aklan, and i we were planning to get married next year, at
first i was surprised that we have the same surname. Her Family
was purely aklanon and mine was Samarenio and Boholano.
Hope you can give an advice.
July 28, 2008 12:07 PM
Atty. Gerry T. Galacio said...
As you said, there is no blood relationship between you and your
future spouse. The Family Code does not prohibit marriage
between persons with the same surname. Articles 37 and 38 FC
enumerate what the prohibited marriages are.
July 29, 2008 8:42 AM
Anonymous said...
Thank you so much for the advice atty. !!!!! God bless!
July 29, 2008 5:15 PM
Anonymous said...
i badly need your help atty. Im a caregiver in canada and will soon
apply for a permanent resident visa. I have two kids, both from
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different father, but i got married on my second one. My ex
boyfriend left me before i gave birth to my first child and it's been 5
yrs. now and never heard of him. Then, i got married after i gave
birth to my second child to my husband and as what i have read in
your site that makes my second child an eligitimate right? Got
married in 2004. I came to Canada on feb 2006. And then
problems came up with me and my husband. My sister told me that
he was hitting both my kids so as a result of this i asked my
parents to be the guardian of my kids and from late 2006 till now
my husband never gave support or bother visiting his daughter. I
don't know where he is. He disappeared. Now MY QUESTION IS
WILL I HAVE A PROBLEM BRINGING MY CHILD HERE IN
CANADA? DO I NEED CUSTODY PAPERS? OR
AUTHORIZATION? on both child?
July 30, 2008 12:20 PM
Anonymous said...
I have a question and not sure where to turn to or who to turn to.
My boy friend is a Filipino citizen and I am a U.S. citizen. We have
a new baby and living together. I just found out that he was married
and had two children with the lady. When I had asked him if he was
still married he said no. However, his socalled exwife is still using
his name and of course his children carry his name.
Now my question: is there a way I am able to confirm his story
about not being married? If there is and since We are not married,
will I be able to access that information? If so, will it cost me and
the price range? If he is married, will it create a problem in the near
future for me?
PLEASE HELP ME....
July 31, 2008 2:33 PM
Atty. Gerry T. Galacio said...
1. Your first child is illegitimate. Your second child is also
illegitimate since you got married to the biological father after the
child’s birth. You do not need any court order or documents for the
custody of your children. Under Article 176 of the Family Code,
parental authority (which includes custody) belongs to you.
2. The DSWD has relaxed the rules on travel clearances for
minors. Since your two kids are illegitimate, there would not be
much of a problem getting travel clearances for them. Please surf
to the DSWD website for the amended rules on travel clearance for
minors.
August 01, 2008 7:00 AM
Atty. Gerry T. Galacio said...
You can file with the National Statistics Office a request for a
CENOMAR (Certificate of No Marriage). The NSO will check its
records if there is already an existing marriage certificate in the
name of that man. If none, then the NSO issues a CENOMAR. The
request for a CENOMAR costs around 400 pesos the last time I
checked. You can try applying for a CENOMAR through the NSO
website.
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Since you are not married, your child will be illegitimate. The legal
wife can also possibly file civil and criminal cases against her
husband and you.
August 01, 2008 7:03 AM
Anonymous said...
dear atty,
I'm so glad i found your page.I've been wanting to help my special
friend who is experiencing an emotional torture because of his
marriage with a woman 5 yrs ago.But I just don;t know what to say
because I have no idea about legal matters..
He & his gf got married in 2003 (civil marriage). The guy is 27 yrs
old & the girl is 25 yrs old when they got married. A week after the
wedding, the girl went to US. They have no communication since
the girl left. In 2006 the girl returned here in the Phils to say to her
husband that he got married to a US citizen. The guy upon learning
about it wants to file for an annulment but the girl did not agree to
share with the expenses. The girl then went back to US and to this
day the guy have not heard from her since she left PHils.He can no
longer contact the girl. She had changed her contact numbers even
her email ad. by the way, their marriage was registered in NSO as
per verification with the said agency.
Now my question is, can the absence of his wife for years be a
ground for annulment? My friend wants to file an annulment
because of what his wife has done to him. What can he do to make
his marriage null & void? Is there a chance for him to remarry?
Thanks in aadvance for your help.
Seaman's friend
August 01, 2008 10:48 PM
Anonymous said...
Thank you.
August 04, 2008 6:16 AM
Anonymous said...
Dear Atty,
I have a question. I will get married in Jan 10, 2009, but my fiance
and I plan to apply for the wedding license 3rd week of Sept. He is
a foreigner and we try to avoid the rush in Dec. My question is, will
my CENOMAR be affected by expiration even the wedding
lincense is already issued?
Thanks a lot and more power!
August 04, 2008 9:29 AM
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Atty. Gerry T. Galacio said...
Seaman’s friend,
Please read my article also in this blog entitled “If husband and
wife have not seen each other for more than seven years, does it
mean that their marriage is already void?”
The possible option is a petition for declaration of nullity based on
Article 36 or psychological incapacity.
August 04, 2008 2:25 PM
Atty. Gerry T. Galacio said...
The CENOMAR is not an essential or a formal requisite of
marriage under the Family Code. Your future spouse is probably
requiring you to present to him a current CENOMAR as a
precaution to ensure that you are not married. If that is the case,
then you simply apply for a new CENOMAR.
August 04, 2008 2:26 PM
daddyb said...
Dear Atty:
My anullment is already finished and I have already obtained a
certificate of finality. However, upon submitting the certificate of
finality to the municipal civil registrar where my marriage certificate
was registered, we found out that there is a 1 digit discrepancy in
the registry no compared to that of the NSO. The
register no in the municipal civil refistry is 901904 while in the
NSO it is 90190. There was a mistake in the NSO side because
no. 4 in 1904 cant be read because of a hole punched for filing. We
relied on what the NSO has given us and only 90190 can be
clearly read. What can be done? There is already finality to the
case which was anulled in my favor and have already furnished the
office of the solicitor general. The certificate of finality has register
no 90190 which was based on the document certified by NSO.
August 06, 2008 7:13 PM
Atty. Gerry T. Galacio said...
daddyb,
You already have a lawyer handling your petition. It will be a
violation of the ethics of the legal profession for me to counsel you
on the merits of your petition.
Purely for purposes of legal information only, once a judgment has
become final and executory, then that’s it. No changes can be
made to the decision, except in what is called judgment NUNC
PRO TUNC which your lawyer can explain to you. I doubt however
if the OSG or the court itself will agree since the error in the civil
registry number is substantial and the fault cannot be attributed to
the court.
August 08, 2008 9:08 AM
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fea said...
Gud pm po atty
ako po ay may kasong BP22, unpong tumutulong na law firm sa
akin ay napakiusapan nya na ibaba nalang ang babayaran
ko.nagbigay ng 1 mo. na allowance, pero natapos na po ang 1 mo.
ay hindi po ako nakaraise ng pera dahil wala na pong magpautang
sa akin kya natatakot po ako..last week pom ay dumating na
subpoena sa akin at kasama pati ang asawa ko. tama po ba un ,
na nadawit ang asawa, e hindi naman po siya nagisyu ng tseke
kundi ako lang. sana po ay matulungan nyo ako. nahihiya na po kc
ako magtanong doon sa tumutulong kasi nga po libre. salamat po
August 08, 2008 3:54 PM
Atty. Gerry T. Galacio said...
You already have a lawyer handling your petition. It will be a
violation of the ethics of the legal profession for me to counsel you
on the merits of your petition. Even if the service is free (pro bono),
your lawyer is bound to help you to the best of his or her abilities.
So you can ask your lawyer whatever questions you have
regarding your case.
Purely for purposes of legal information only, you did not indicate
what the current status of your case is (whether it is with the fiscal
for preliminary investigation, or already with the court). The
subpoena you are referring to might just be a demand letter from
your opposing party.
If indeed you are the only signatory to the check, then it is a
mistake to charge your husband also. Your husband can ask for
the dismissal of any BP 22 case filed against him.
August 11, 2008 9:14 AM
Anonymous said...
Good afternoon Atty.
Could you pls. give me some legal advice on my case.Im a Filipino
citizen with a permanent residency here in Japan and was married
and divorced here to a Romanian citizen.The Divorced was
granted here and after that i submitted the Report of Divorced to
the Phil Embassy in tokyo.I have the document stating the Report
of Divorced from the embassy.This year i was married to a
Romanian citizen there in the philippines.In the marriage license i
stated in the status that im single because when i requested a
certificate of non marriage to the NSO it turn out that im single.Now
when i applied for the visa for my wife here in Japan they ask me
why my legal status is single wherein it should be divorced.My
question is there a legal way to amend or correct the legal status in
my marriage certicate that they are questioning?thanks and god
bless.
August 11, 2008 4:01 PM
Atty. Gerry T. Galacio said...
The problem is not the discrepancy in the entry for your status in
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the NSO records. The real problem is that as a Filipino citizen, your
divorce is not recognized here in the Philippines. I am assuming
that you were the one who filed the divorce against your spouse
and not the other way around. So when you got married again, you
committed bigamy. Please read my articles on divorce and Filipino
citizens also in this blog. Look for the links in the sidebar. The
articles are “Divorce obtained abroad by a Filipino not recognized
here” and “The right of a divorced Filipino spouse to remarry under
Article 26 of the Family Code.”
If it was your wife who filed the divorce action against you, then
under Article 26 of the Family Code, you can be qualified to
remarry. But submitting the Divorce Decree with the Philippine
embassy in Tokyo was not enough. You should have filed a
petition in court here for the recognition of that foreign divorce
decree. After the court recognizes the decree, then it will order the
NSO to annotate the judgment in the records.
August 13, 2008 8:20 AM
Anonymous said...
Good afternoon Atty.
The divorce was mutually agreed.The divorce was signed by both
parties and undersigned by two witnesses at the city hall.The
divorce was granted by the city mayor the day it was filed.Am i still
liable of bigamy even if the divorce was mutually agreed?Is it too
late file a petition in court there for the recognition of my foreign
divorce decree?Is there other legal procedure on my case?If i hire
you to handle my case,what are the legal process?how much it will
cost and how long is the duration of the process?Thanks for your
response and God bless
August 13, 2008 11:24 AM
Atty. Gerry T. Galacio said...
Article 26 of the Family Code speaks of a situation where the
Filipino spouse is the innocent party, that is, he or she had no
choice since the divorce action was initiated or filed by the
foreignerspouse. The Filipino is therefore allowed to remarry.
In a mutuallyagreed upon divorce such as the one you had, you
cannot be deemed as the innocent party. Your divorce will not
therefore be recognized here in the Philippines and if you got
married here again in the Philippines, you can be charged with
bigamy.
You can inquire with other lawyers on this matter.
August 13, 2008 12:37 PM
Anonymous said...
Dear Sir,
Let me leave out the gritty details but my wife and I got married last
July 28. After more than a week, we both have decided that we
should not been together. We went to the judge who married us
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and discussed our plans to pullout our documents. He was willing
to assist us but mentioned that our papers have already been sent
to NSO a day earlier, after confirming with the localy registry. Is our
marriage still not valid until NSO records it officially? If yes, what
immediate steps could we take so we don't have to go through
the annulment process? Thanks in advance.
August 15, 2008 3:53 AM
Anonymous said...
Good day Atty.,
This might be a stupid question but.. could someone remarry the
person he/she was previously annulled to?
August 15, 2008 4:06 AM
Atty. Gerry T. Galacio said...
The moment you and your wife signed the marriage contract or
certificate in the presence of the judge, you became legally
married, whether or not the document was submitted to the NSO or
not.
The marriage certificate or contract is not an essential or formal
requisite of marriage; even if it is not on file with the NSO, the
validity of the marriage can still be proven by other evidences (the
marriage license, testimonies of the solemnizing officer, the
witnesses, photos, etc).
August 16, 2008 11:23 AM
Atty. Gerry T. Galacio said...
1. In a petition for annulment or for declaration of nullity, if one
spouse manifest or tells the judge that he or she is willing to save
the marriage through a reconciliation, the judge is dutybound to
exert efforts to try to reconcile the spouses.
2. The FC does not prohibit such a remarriage between spouses
whose marriage had been annulled or declared null and void.
Please read my Salt and Light blog post entitled “And the two shall
become one … But which one?” dated March 2, 2008. You can use
this link
http://saltandlight.blogspot.com/2007/12/andtwoshallbecome
one.html
It tells the true story of Anne Kristin Caroll who got married at 18,
got divorced at 21, remarried, and then got divorced again. She
later on remarried her 2nd husband.
August 16, 2008 11:25 AM
Anonymous said...
Hi Atty..I just wanna ask of legal advice.Im maried to a foreigner
this year then im processing for my papers so I get my NSO
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authenticated marriage license then I have found out that the NSO
copy is different with my LCR copy..the signature is different were
married in a church by a minister..and I have notice that the
middlename of the minister is different instead of "h" ay "e"
makaapekt ba yan sa para sa papers ko?need ur advice thanks
August 17, 2008 11:02 PM
Atty. Gerry T. Galacio said...
Instead of “NSO authenticated marriage license” you must be
referring to the marriage certificate or contract. The marriage
license is kept by the solemnizing officer under the provisions of
the Family Code.
The discrepancies that you described are clerical errors more than
anything else which do not have to do with the essential and formal
requisites of marriage under the Family Code. Just to be sure,
however, you can ask even now the solemnizing officer to execute
a notarized affidavit explaining the discrepancies.
August 19, 2008 7:49 AM
Anonymous said...
Hi atty... here's my situation po:
I got married last March 2006 to my second cousin, I was 24 then
& he was 29. He is a permanent resident in the US, and he only
comes home once or 2x a year. We parted ways just this JUne
2008. I wanted to know atty if our marriage can be considered
null/void? If not, what other options do I have because the decision
to separate wasn't mutual. He still wants to stay in the relationship
but I just felt that our long distance relationship has taken its toll.
Thank you so much po.
August 21, 2008 1:12 PM
Atty. Gerry T. Galacio said...
1. What the Family Code prohibits is marriage between FIRST
cousins. You are second cousins and so you are allowed to marry
each other.
2. In a landmark case involving declaration of nullity, the Supreme
Court said that “every doubt must be resolved in favor of the
validity of the marriage.” Also, if one party tells the judge that he or
she is willing to reconcile and try to make the marriage work, the
judge will exert all efforts to effect such a reconciliation.
3. You did not indicate what exactly the problem is between you
and your husband.. Please read my Salt and Light blog post titled
“Biblical grounds for divorce and remarriage” at this link:
http://saltandlight.blogspot.com/2005/12/divorceand
remarriage_26.html
August 22, 2008 7:44 AM
Anonymous said...
dear atty galacio,
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I am 8 months not legally separated with my husband. Iam
planning to apply for work in Canada, but my friend suggested that
i will indicate in my application that iam a single mom, or a
separated one. I am just confused because all the documents i
have with me specify that iam married. My passport for instance.
My friend also suggested that i can file with an attorney of an
agreement that we are separated. Is this a valid proof? The reason
for this, is that, when i want to bring my kids in Canada, i would be
needing my husband's consent, or otherwise, i would be including
my husband in my immigrant application.
I would like to trust my husband that he will give me the full custody
of my kids when i wanted to bring them in Canada. But what if he
refuse to let the children go with me.
What legal action aside from legal separation or annulment do i
have to process. Can i fill up application form that iam single or
separated but the accompanying documents bear my husband's
surname? You know i still give a 1% chance that we will be
reunited even though i myself is already decided not to leave with
him anymore.My father in law is a pastor, but we are not in good
terms. Don't know whom to get advice. Please help me. Thanks a
lot. God bless you always.
August 28, 2008 4:22 AM
Jojo said...
Dear Atty. Galacio,
I am trying to help my kumpadre with regards to his wife who are
legally married and have three kids (all boys 2, 4 and 6 years of
age). My kumpadre is the breadwinner of the family while kumadre
has no means of livelihood or support at all. I am very attached to
them specially the kids (most of all the 2nd in line who even
considers me to be his unofficial "papa").
It appears that kumadre is being an irresponsible parent in the
sense that whenever kumpare is not around because he is
attending to a client in the field, kumadre would leave the kids
behind at home only leaving the eldest in the brood "stay watch"
over his younger brothers. Say for example she would leave them
at around 7pm and would use the excuse that she is going to go to
the grocery next door only to return home at around 4am the
following day oftentimes smelling of liquor. My gosh and she is a
woman! My kumpare and kumadre have had numerous arguments
because of this and although my kumpare is correct, kumadre
would argue she is not doing anything wrong and would even
threaten him that if he decides to separate that he will not see his
children anymore. Although this is not my fight but I pity the
children because they are the ones who are so affected even
their schooling is affected by all of this. My concern is that if the
children go with the wife, they will end up probably as bums and/or
street/squatterlike children because the mother has no means of
livelihood/work or support on her own. It is kumpare who is the one
providing for them. What makes the situation more complicated
and disturbing is that we suspect that there is a third party involved
with the wife there is gossip around the local beerhouse joint
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where we suspect kumadre to be hanging out, that she is meeting
and having an affair with an SP02 policeman. This SP02 knows
that kumadre is already married with children but I do not
understand why he still has to entertain the company of kumadre.
We even suspect that this scalawag SP02 policeman may have a
family of his own.
Months have passed and kumpare and I have tried so many
methods of trying to patch their relationship up. Even to the extent
of attending religious fellowships in the Divine Mercy but kumadre
is so stubborn, close minded and sinful! It has come to the point
that kumpare is now totally fedup and just wants to separate/annul
his marriage with her because of her covert and immoral activities.
His mother in law even spoke with kumadre and for a moment we
thought that everything was going to be alright because she said
that she wouldn't be doing this anymore but barely after a week
she would slyly "escape" the house when kumpare is out on client
call and when kumpare got home she wouldn't be around anymore
and would return home in the wee hours of the morning
(intoxicated). We suspect that she must be seeing that policeman
(or someone else) probably going to a motel or something similar
like that. We plan to investigate and set a trap to catch her/them in
the act so we have solid evidence of her/immoral activities.
Although her going out at night and coming home in the wee hours
of the morning oftentimes intoxicated because she goes to some
beerhouse has already been verified and is factual.
My concern now is if kumpare separates her because of this what
grounds can he use for the separation? Can it be on the grounds of
being an irresponsible parent/wife and/or/also concubinage? What
about the children? I would really like to see the kids specially the
2nd in line who is 4 years old and is my closest "inaanak" be in the
custody of the husband. I mean the wife has no income, no work,
only finished grade 4 elementary and hails from the boondocks of
Negros with her behaviour and irresponsible parenting and her
immoral/questionable activites she cannor be a role parent or can
either support the children enough. Kumoare is in a better position
to take care of the kids. Although I am confused because some
people are saying that minor kids specially in those ages are given
to the custody of the wife ... but how can this be when she isn't fit to
be a good parent nor can she support them. Kumpare has been
very patient, kind and understanding of the situation but he is
getting fed up already and confused also what are the legal actions
to take (both against his wife and that PNP officer if we prove that
there is indeed an extramarital sexual relationship going on). Also,
with regards to custody of the kid(s) what do we do? I would really
like to see the kids custody with my kumpare even if not all of
them. Kumare could have visitation rights but as long as she
doesn't take them away because she isn't fit to be a role parent.
Please we need help and advise. Kumpare isn't wealthy and
depends on his clients for income as he is a trained
reflexologist/therapeutic masseur. I am writing this because I am
emotionally affected because of my pity for the children who are
my godchildren and so very close to me.
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I tried to help but I safely stay away from any direct confrontation
with their arguments because I am not bloodrelated to them.
Kumpare is very broad minded and understanding but kumadre is
so narrow minded and falls back often. She uses the children as
her weapon against us (me). If she/he/them wants to separate then
that is their decision but as a witness I can see very clearly with my
own two eyes that kumpare is in a better position to take custody of
the kids even if not all of them. I am not a legal person so I am in
the dark and we do need all the help we can for morality, the
children involved being the victims in this case.
Thank you very much for reading my long email. Can you advise
us as to what steps to take and what are our options?
Please?
August 28, 2008 9:32 AM
Anonymous said...
ERRATUM AUGUST 28, 2008
You know i still give a 1% chance that we will be reunited even
though i myself is already decided not to LIVE with him
anymore.My father in law is a pastor, but we are not in good terms.
Don't know whom to get advice. Please help me. Thanks a lot. God
bless you always.
August 28, 2008 10:28 PM
Atty. Gerry T. Galacio said...
In law and in fact, you are still legally married despite your
separation. You will be creating a lot of complications with
application for immigration if you indicate your status as “single”
when your documents clearly show that you are married. You can
only be “single or “married” in terms of civil status. There is no such
thing as “separated” in civil status. Your friend may be sincere in
wanting to help you but such sincerity will not prevent
complications from arising later on.
(As to that agreement which your friend suggested, please read my
article titled “Can a husband and wife in a notarized document
declare that they are free to marry other persons and that they will
not file charges against each other?”) Or you can download my
free PDF newsletter on this topic. Follow this link:
http://www.familymatters.org.ph/PDF%20newsletters/Free%20PDF
%20newsletter.htm
Please take note that under Article 210 of the Family Code,
parental authority cannot be renounced, waived or transferred
except as authorized by law. Your husband cannot simply say
verbally or in a document that he is waiving or renouncing his
parental authority over your children. Even if your marriage is
declared null and void, your husband retains parental authority
over your kids (although custody may be given to you by the court).
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Until and unless your husband’s parental authority is terminated,
you will need his consent for your children to be included in your
petition for immigration.
There are companies here in Philippines which specialize in
Canadian immigration. Perhaps they may be able to provide you
with other viable options.
If you want people to pray for you for whatever your needs are right
now, please follow this link to a prayer room for men and women:
http://womentodaymagazine.com/chat/share.html
August 29, 2008 3:54 PM
Atty. Gerry T. Galacio said...
1. Please read my posts titled “Can a mother be deprived of
custody of her child?” and ”Custody battles over children: what
determines fitness of a parent over another?”
From my discussions in these posts and my answers to the
comments of readers, you can see that even if the children are
below seven years of age, if there are compelling reasons, the
court can deprive the mother of custody and grant it to the
husband.
2. Your kumpare can file a petition for either termination or
suspension of the mother’s parental authority through the following
provisions of the Family Code: Article 229 (termination of parental
authority) or Article 231 (suspension of parental authority). You can
find these provisions in my website www.familymatters.org.ph
Your kumpare can try to get free legal help from the IBP
(Integrated Bar of the Philippines) chapter in your town or city, OR
from the OLA (Office of Legal Aid) from the UP College of Law in
Diliman, Quezon City. The chapter offices of the IBP are usually
located in the Hall of Justice of cities.
August 29, 2008 10:41 PM
Anonymous said...
Atty., valid po ba ang kasal ko kung blank ang marriage contract na
pinirmahan namin? And at that time po wala pa kaming marriage
license at wala ding ceremony na nangyari from a solemnizing
officer, sa table lang ng secretary nya kami pumirma at hindi rin
namin kaharap ang solemnizing officer. Feb. 16, 1999 po kami
pumirma pero ng nakuha ko ang copy ng marriage contract ko ang
naging date ng marriage namin ay March 23, 1999. Void or null po
ba ang marriage ko? Please let me know kasi po 7 years na
kaming separated ng husband ko and may ka livein na po ako
ngayon at may baby na kami na 3 month old. Ano po ba ang dapat
kung gawin? Thank you very much!
August 30, 2008 3:31 PM
Anonymous said...
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Atty, kung magpakasal sa isang consul abroad, dapat bang nasa
consular office lang??kung outside sa office,void ba ang
marriage???..
and lastly, pwede bang mag solemnize ang consul ang marriage in
articulo mortis?? tnx po..tnx
August 31, 2008 2:34 AM
Al said...
hello atty,
pwede po ba magpakasal ang isang pari dito sa pilipinas? kung
pwede, legal po ba ito? at kung hindi pwede, sa ano pong dahilan?
maraming salamat po.
September 01, 2008 2:20 AM
Atty. Gerry T. Galacio said...
The Family Code does not prohibit priests from getting married.
The prohibition comes from the rules, regulations and vows of
celibacy of the Roman Catholic Church. If and when a Catholic
priest gets married, the marriage is valid if all the requisites are
complied with. As to whether he will be allowed by the RCC to
continue being a priest, that is very doubtful.
September 01, 2008 6:12 PM
Anonymous said...
Atty, kung magpakasal sa isang consul abroad, dapat bang nasa
consular office lang??kung outside sa office,void ba ang
marriage???..
and lastly, pwede bang mag solemnize ang consul ang marriage in
articulo mortis?? tnx po..tnx
September 01, 2008 9:09 PM
Atty. Gerry T. Galacio said...
1. You have to find out if there really is no marriage license issued
to you. From the marriage certificate or contract issued to you, you
can see the details of the license (place and date of issue). Then
you have to check with the Local Civil Registrar whether there
really was such a license issued. If the LCR says that there is no
such license in its files, then your marriage is null and void for lack
of the required marriage license. However, under Article 40 of the
Family Code, you cannot take the law into your own hands and
declare by yourself that your marriage is void. You still need to file
a petition in court for the declaration of nullity of your marriage.
HOWEVER,no marriage license is necessary if Article 34 was used
(ratification of marital cohabitation). From the marriage certificate or
contract that you have, please check if you can find the term
"Article 34" usually found on the lower portion.
2. Separation between spouses for more than seven years is NOT
a ground for the termination of a valid marriage. Please read my
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post in this blog titled “If husband and wife have not seen each
other for more than seven years, does it mean that their marriage
is already void?”
September 02, 2008 8:41 AM
Atty. Gerry T. Galacio said...
For the person who asked the question about the authority of a
consul to solemnize a marriage:
What is the factual background of your question? Has this situation
occurred or are you simply asking on a theoretical basis? I need to
know the facts of the situation before I can give a proper ansewer.
September 02, 2008 9:16 AM
Anonymous said...
Hi Atty..I just would like to ask when we apply for marriage at
march 18,07 ten days of waiting..However the birthdate of my
husband is march 24 then our date of marriage is april 01.But in
our authenticated secpa the age of my husband is 31 instead of
32.Then I have found out that the marriage license that come out
from the LCR is feb29 yet it state there that my husband age is 31
and 11 months..so the church follow the age without counting
it.Who is liable for this? thanks and Godbless
September 02, 2008 10:56 PM
Anonymous said...
tnx po sa pagreply...kc atty. kasi ung long time frend and neighbor
ko, nasa abroad na, one day while he and his sweetheart were
walking down a stree, nasagasaan ung gurl, later nahospital xa, so
g contact ng rend and neigbor ko ung consul ng philippines dun, to
marry them,so kinasal din sila ng consul,and without the marriage
license(kasi daw at the point of death na)..un valid po ba ang
marriage??proper ba un gnawa ng consul na ikasal sila sa labas
ng kanyang opisina??
September 02, 2008 10:58 PM
Anonymous said...
tnx po sa pagreply...kc atty. kasi ung long time frend and neighbor
ko, nasa abroad na, one day while he and his sweetheart were
walking down a street, nasagasaan ung gurl, later nahospital xa, so
g contact ng frend and neigbor ko ung consul ng philippines dun, to
marry them,so kinasal din sila ng consul,and without the marriage
license(kasi daw at the point of death na)..un valid po ba ang
marriage??proper ba un gnawa ng consul na ikasal sila sa labas
ng kanyang opisina??and tama pala atty. a week or less, namatay
ung gurl..tnx po sa pagreply..
September 02, 2008 11:01 PM
Atty. Gerry T. Galacio said...
A consul retains his official authority whether he is inside or outside
of the consulate. From that, it can be argued that the consul has
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authority to solemnize marriages outside the consulate. However,
the Department of Foreign Affairs may have internal rules or
guidelines on this matter. (A similar situation is that of a judge
solemnizing a marriage; the place must be his sala unless there is
a written request that the wedding be held in another place within
his jurisdiction.)
However it can also be argued that the consul’s jurisdiction is
limited only to Philippine territory, that is within the consulate. It can
be argued that the consul has no jurisdiction therefore to solemnize
the marriage.
The issue of marriage in articulo mortis will depend on whether the
consul has jurisdiction to solemnize marriage outside the
consulate.
The best party you can inquire from on this issue is the Legal
department of the Department of Foreign Affairs.
September 03, 2008 11:01 AM
Atty. Gerry T. Galacio said...
You have to check with the LCR your application for marriage
license. The problems may have originated from there when the
LCR staff was preparing your documents.
September 03, 2008 11:08 AM
Anonymous said...
good evening! i would like to ask something. im a student from
philippines and in our school, we're informed to research about
DIVORCE. we'll going to have debate by tomorrow. and i was
assigned to antidivorce. i would like to ask, what if my opponent
would question me: "if a woman would like to file divorce because
he is maltreated by her husband." what would be the best answer
for it? and here's another one. what if my opponent will ask me"
what if i'm married to the man i dont love because we were forced
by our parents due to the culture we are following and i now would
like to file divorce" what would be the best answer for this? im
hoping for your reply. please do so. reply is really much
appreciated! :)
September 03, 2008 8:01 PM
Atty. Gerry T. Galacio said...
The problem with a debate is you are asked to defend a stand or
position which you may not personally agree with. I discussed my
stand on the issue of divorce and remarriage in this blog (look for
the link in the sidebar) and also in my Salt and Light blog. As to the
issue of divorce and spousal abuse, please read the view of Van
der Lugt of Radio Bible Class ministries. He believes that spousal
abuse is a valid ground for divorce. As to the loss or lack of love
between the parties, that is neither a Biblical ground for divorce nor
a legal basis for declaration of nullity of a marriage.
September 04, 2008 4:09 PM
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Anonymous said...
Hi Atty,
Could this be grounds for Annulment, nullity of marriage or what?
Lets say, if the woman has had an ongoing affair/relationship with
the same person (other than her husbandtobe), from the time she
was engaged until weeks into the marriage. Is this concealment?
Thanks in advance.
September 06, 2008 12:10 AM
Anonymous said...
Dear Sir,
Greetings!
I am currently 5 months pregnant with twins and I am not yet
married.
My husband is out of the country looking for a job to support us
financially.
I am scheduled to give birth on January and I would like my twins
to use their father's surname.
I was informed that it is not possible because we are not married.
It is only possible if we get married or he is around to sign the birth
certificate of our twins.
He cannot afford to go home yet to get married or just go home
because he doesn't have a job yet.
Is there any other way for my twins to use their father's surname??
I would appreciate your response.
Thank you,
Anna
September 07, 2008 10:21 PM
Atty. Gerry T. Galacio said...
The Family Code speaks of concealment of pregnancy (by a man
other than her husband), homosexuality, lesbianism, sexually
transmissible disease found to be incurable, etc. The situation you
described is not one of them. Please also take note that even
adultery by itself does not constitute psychological incapacity.
Please read the FAQ section of www.familymatters.org.ph
September 08, 2008 10:36 AM
Atty. Gerry T. Galacio said...
Anna,
Even if you are not married, your future children will be able to use
their father’s surname under Article 176 as amended by RA 9255.
If the man is able to sign the birth certificate, then automatically his
surname will be used. If he is abroad, then he can execute an
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AUSF (Affidavit to Use Surname of the Father). He can ask the
help of the Philippine embassy or consulate in the country where
he is working for the AUSF. Then he can send the AUSF to you.
September 08, 2008 10:41 AM
Anonymous said...
good day atty Gerry,my query is what will be the possible problem
when the marriage is late registered?, on the part of the woman
what will be the problem encounterd when marriage is late
register,.same is through with the man,,what will be the possible
problem. if the marriage is late registered, what will the woman use
as her surname? thank you and hoping to get a respond from
this,thank you so much..
September 16, 2008 3:51 PM
Anonymous said...
Hi Atty. Galacio, i like to ask kung ano procedure ang dapat gawin
para magamit ng anak ko ang last name ng bf ko, were planning to
get married this year, and hes willing na ibigay ang pangalan nya
sa anak ko. thanks a lot.
September 16, 2008 9:36 PM
Atty. Gerry T. Galacio said...
1. It is the responsibility of the solemnizing officer to submit the
copies of the marriage certificate or contract to the Local Civil
Registrar within fifteen days from the date of the marriage. The
LCR requires the solemnizing officer to submit a notarized
explanation for the delay in the submission.
2. The marriage certificate or contract is not an essential or formal
requisite of marriage under the Family Code. Thus, assuming that
the marriage was legal, the woman can start using her husband’s
surname at once.
September 17, 2008 3:58 PM
Atty. Gerry T. Galacio said...
1. Is your boyfriend the biological father of your child?
Please read my post in this blog entitled “What surname should
illegitimate children use? Problems and issues with RA 9255 and
its implementing guidelines” Look for the link in the sidebar.
If your boyfriend signs the child’s birth certificate or issues an
AUSF (Affidavit to Use the Surname of the Father), then the child
will carry his surname.
OR legitimation may apply in your case if your child was conceived
and born without any legal impediment (obstacle) on your part and
that of your boyfriend. Please read my post on legitimation.
2. If your boyfriend is not the biological father of your child, then a
petition for adoption must be filed by your boyfriend. Please read
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my post on the procedure for adoption (also in this blog).
September 17, 2008 4:09 PM
anonymous said...
igot married at first when i was only 17 june 1993 but we changed
my birth certificate to 18 so we can get married then he left and
when he got back after 1 year we got married again using my
original documents then he left again..and we only saw each other
after 2 years for only 1week it was 1996 for short we never really
lived together as husband and wife and that was the last time i saw
him since he's from chicago,USA..and now i'm living with someone
for bout 4yrs now and we have our kids already..i have been
seperated from my first partner since 1996 which is already 12yrs
now..i filed an annulment 4yrs ago and i just had the result this
year,it was denied by the court for lack of grounds..my present
partner and i wants to get married now?i believe that being
seperated for 12yrs is enough ground for me to have my marriage
annuled?can you please help us..
September 18, 2008 11:53 PM
Atty. Gerry T. Galacio said...
Despite the separation of 12 years between you and your husband,
your marriage is still valid. Please read my post entitled “If husband
and wife have not seen each other for more than seven years,
does it mean that their marriage is already void?”. Look for the link
in the sidebar.
September 22, 2008 9:36 AM
Atty. Gerry T. Galacio said...
Despite the separation of 12 years between you and your husband,
your marriage is still valid. Please read my post entitled “If husband
and wife have not seen each other for more than seven years,
does it mean that their marriage is already void?”. Look for the link
in the sidebar.
September 22, 2008 9:36 AM
Anonymous said...
I married a filipina in the philippines, I am a US citizen. We both live
in the US now, and my wife will soon become a US citizen. Is it
possible for us to get a divorce?
Thanks
September 23, 2008 11:48 AM
creeze said...
gud day atty., can i declare my children as my dependents while
they carry their father's surname( we arent married).
September 23, 2008 12:52 PM
Anonymous said...
my kids father was a married man, he had to furnish a fake
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marriage contract so the children can use his surname and so that
we can show my parents that we were married,we are now
separated, but my problem is i would like to declare my children as
my dependents so i can avail of the tax exemptions, would there be
legal impedements if i submit their birth certificates with the fake
details such as the date and place of marriage of parents,by the
way i declare that im single in my papers such as sss etc. thank
you very much, i am really confused
September 23, 2008 3:55 PM
Atty. Gerry T. Galacio said...
You are an American citizen. That means that even if you got
married here in the Philippines under the provisions of the Family
Code, American law applies to you. Meaning, even if your wife
remains a Filipino citizen, you can divorce her.
Please take note however of the Biblical grounds for divorce and
remarriage. Follow this link: http://saltand
light.blogspot.com/2005/12/divorceandremarriage_26.html
September 24, 2008 1:45 PM
Atty. Gerry T. Galacio said...
creeze,
The use of the father’s surname under Article 176 as amended by
RA 9255 is meant for the benefit of the children so as to erase the
stigma of illegitimacy. Despite the use of the father’s surname
however, the children are still illegitimate.
What you should do is to apply with the DSWD in your town or city
for a solo parent’s ID under Republic Act No. 8972 or the Solo
Parents' Welfare Act of 2000. Once you have your solo parent ID,
then you can use to prove that these children are your dependents.
You will also be able to avail of the benefits given to single parents
like the solo parent leave.
September 26, 2008 5:10 PM
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Sunday, November 26, 2006
Family Code of the Philippines: Primer on marriage
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Related posts:
[1] If husband and wife have not seen each other for more than
seven years, does it mean their marriage is already void?
[2] If a person gets married while his petition for declaration of
nullity of his first marriage is ongoing, can he be charged with
bigamy?
[3] Quickie marriages under Article 34 of the Family Code: Is the
marriage void if the affidavit of marital cohabitation is false?
[4] Legal lessons from the Kris Aquino James Yap breakup: legal
separation, annulment, declaration of nullity, essential and formal
requisites of marriage
[5] Irreconcilable differences not a ground for declaring a marriage
null and void
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(Note: Click the picture to download a free PDF newsletter on this topic.)
Starting this week, I will be posting primers on the various provisions of the
Family Code of the Philippines. For this week, the primer is on the basic
provisions on marriage, specifically Articles 1 to 34. Please surf over to
Title I, Articles 1 to 54 which comprise the complete provisions of the
Family Code on marriage.
You may also want to review my previous articles on “covenant marriage”
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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and “divorce and
remarriage” from the
Philippine legal standpoint.
I discussed these articles
with pastors and workers
who attended the Baptist
Mission Partners
symposium last week.
“The Lord hath appeared of old unto
me, saying, Yea, I have loved thee
with an everlasting love: therefore
with lovingkindness have I drawn
thee.” Jeremiah 31:3
Are you a good person? (free
PDF)
How does the Family
Code define “marriage”?
Marriage is a special
contract of permanent
union between a man and
a woman entered into in
accordance with law for the
establishment of conjugal
and family life. It is the
foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations
during the marriage within the limits provided by this Code. (Article 1)
What are the essential requisites that make a marriage valid?
Republic of the
Philippines vs. Liberty
Albios, G.R. No. 198780,
October 16, 2013
Issue:
Is a marriage, entered into
for the sole purpose of
acquiring American
citizenship in exchange for
$2,000, void on the ground
of lack of consent?
Background facts:
Liberty Albios asked Daniel
Lee Fringer to marry her so
that she can acquire
American citizenship. In
return, Albios promised to
give Fringer $2,000. After
the wedding, they went their
separate ways. Fringer
returned to the United
States and never again
communicated with Albios.
In turn, Albios did not pay
Fringer the $2,000 because
Article 2 provides that a marriage is valid
if these essential requisites are present:
“The Lord is not slack concerning his
promise, as some men count
slackness; but is longsuffering to us
ward, not willing that any should
perish, but that all should come to
repentance.” 2 Peter 3:9
For men and
women: Do
you need
prayers in
your time of
crisis? Click
(1) Legal capacity of the contracting
parties who must be a male and a
female; and
(2) Consent freely given in the presence
of the solemnizing officer.
the picture ...
What are the formal requisites of
marriage?
The formal requisites of marriage
according to Article 3 are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the
cases provided for in Chapter 2 of this
Title; and
(3) A marriage ceremony which takes
place with the appearance of the
contracting parties before the
solemnizing officer and their personal
declaration that they take each other as
husband and wife in the presence of not
less than two witnesses of legal age.
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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he never processed her
petition for citizenship.
What is the effect if an essential or
formal requisite is absent?
Regional Trial Court rules
that Albios and Fringer’s
marriage is void for lack
of consent
The absence of any of the essential or
formal requisites renders the marriage
void ab initio, except as stated in Article
35 (2).
Albios filed with the
Regional Trial Court a
petition for declaration of
nullity of her marriage with
Fringer. She described their
marriage as made in jest
and, therefore, null and void
ab initio (from the start). The
RTC ruled that the essential
requisite of consent was
lacking and that when
marriage was entered into
for a purpose other than the
establishment of a conjugal
and family life, the marriage
was a farce.
What is the effect if any of the
essential requisites is defective?
Court of Appeals affirms
RTC ruling
The Court of Appeals
affirmed the RTC ruling that
the essential requisite of
consent was lacking. The
CA stated that Albios and
Fringer clearly did not
understand the nature and
consequence of getting
married and that their case
was similar to a marriage in
jest. It further explained that
Albios and Fringer never
intended to enter into the
marriage contract and never
intended to live as husband
and wife or build a family. It
concluded that their purpose
was primarily for personal
gain, that is, for Albios to
obtain foreign citizenship,
and for Fringer, the
consideration of $2,000.
Supreme Court rules that
the marriage is valid
Albios and Fringer’s
marriage is not void ab initio
A defect in any of the essential
requisites does not affect the validity of
the marriage but the party or parties
responsible for the irregularity will be
civilly, criminally and administratively
liable.
What is the age at which a man or
woman can get married?
Any male or female of the age of
eighteen years or upwards not under
any of the impediments mentioned in
Articles 37 and 38, may contract
marriage.
(Note: Before the Family Code became
effective in August 3, 1988, the minimum
age for marriage under the New Civil
Code of the Philippines was 16 for men
and 14 for women.)
Is there any prescribed form for the
marriage ceremony?
No prescribed form or religious rite for
the solemnization of the marriage is
required. It is necessary, however, for
the contracting parties to appear
personally before the solemnizing officer
and declare in the presence of not less
than two witnesses of legal age that they
take each other as husband and wife.
This declaration must be contained in
the marriage certificate which must be
signed by the contracting parties and
their witnesses and attested by the
solemnizing officer.
If a party cannot sign the marriage
certificate, what can be done?
In case of a marriage in articulo mortis,
when the party at the point of death is
unable to sign the marriage certificate, it
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Previous posts
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A primer on RA 8972 or the Solo
Parents’ Welfare Act of 2000
A primer on the Newborn Screening
Act of 2004
ABSCBN versus Willie Revillame
case: What is a TRO?
Ad cautelam: filing of pleadings as
precaution or appearing in court
even as you question its
jurisdiction
Adultery, concubinage, marital
infidelity, and psychological
violence
Amy Perez case: Psychological
incapacity as ground for declaring
a marriage void
Can a husband and wife in a
notarized document declare that
they are free to marry other
persons and they will not file
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(from the start) and
continues to be valid and
subsisting.
Consent was not lacking
between Albios and Fringer.
Their consent was
conscious and intelligent as
they understood the nature
and the beneficial and
inconvenient consequences
of their marriage. Their
consent was freely given as
best evidenced by their
conscious purpose of
acquiring American
citizenship through
marriage. Such plainly
demonstrates that they
willingly and deliberately
contracted the marriage.
Motives for entering into a
marriage are varied and
complex. The State does
not and cannot dictate on
the kind of life that a couple
chooses to lead. Thus,
marriages entered into for
other purposes, limited or
otherwise, such as
convenience,
companionship, money,
status, and title, provided
that they comply with all the
legal requisites, are equally
valid. Love, though the ideal
consideration in a marriage
contract, is not the only valid
cause for marriage. Other
considerations, not
precluded by law, may
validly support a marriage.
Albios has indeed made a
mockery of the sacred
institution of marriage.
Allowing her marriage with
Fringer to be declared void
would only further trivialize
this inviolable institution.
The Court cannot declare
such a marriage void in the
event the parties fail to
qualify for immigration
benefits, after they have
is sufficient for one of the witnesses to
the marriage to write the name of said
party, which fact must be attested by the
solemnizing officer.
Who are authorized to solemnize
marriages?
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the
judiciary within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of
any church or religious sect duly
authorized by his church or religious
sect and registered with the civil
registrar general, acting within the limits
of the written authority granted by his
church or religious sect and provided
that at least one of the contracting
parties belongs to the solemnizing
officer's church or religious sect;
(3) Any ship captain or airplane chief
only in the case mentioned in Article 31;
(4) Any military commander of a unit to
which a chaplain is assigned, in the
absence of the latter, during a military
operation, likewise only in the cases
mentioned in Article 32;
(5) Any consulgeneral, consul or vice
consul in the case provided in Article 10.
Note: The Local Government Code of
1991 restored to the mayors their
authority to solemnize marriages
For Filipinos residing or traveling
abroad and who want to get married,
who can solemnize the marriage?
The consulgeneral, the consul, or vice
consul of the Republic of the Philippines
can solemnize the marriage.
What can be done if upon applying
for a marriage license, the parties
cannot produce their birth
certificates?
The presentation of birth or baptismal
certificate is not required if the parents of
the contracting parties appear personally
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
charges against each other?
Can a man who had a sex change
operation have his birth certificate
entry for gender changed from
“male” to female”?
Can a mother be deprived of
custody of her child?
Can an unwed mother avail of the
benefits of the Solo Parents
Welfare Act?
Can you legally force your spouse to
live with and to love you?
Child abduction, custody battles, the
Sean Goldman case, and Hague
Convention on the Civil Aspects of
International Child Abduction
Citizen’s guide to the budget: a
weapon against pork barrel scams
and corruption, and for
government transparency and
accountability
Curfew for minors now illegal under
RA 9344 “Juvenile Justice and
Welfare Act of 2006”
Custody battles over children
between grandparents and a
father or mother
Custody battles over children: what
determines fitness of a parent
over another?
DNA testing to prove legitimacy or
illegitimacy of children; Supreme
Court’s New Rule on DNA
Evidence
Did the Supreme Court order all
credit card companies to reduce
their interest rate of 3% monthly
and penalty fee of 3%?
Differences between regular
employees and project
employees, between project
employment and fixed term
employment
4/71
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availed of its benefits, or
simply have no further use
for it. These unscrupulous
individuals cannot be
allowed to use the courts as
instruments in their
fraudulent schemes. Albios
already misused a judicial
institution to enter into a
marriage of convenience;
she should not be allowed to
again abuse it to get herself
out of an inconvenient
situation.
before the local civil registrar concerned
and swear to the correctness of the
lawful age of the parties, as stated in the
application, or when the local civil
registrar is, by merely looking at the
applicants upon their personally
appearing before him, convinced that
either or both of them have the required
age. (Last paragraph, Article 12)
What are the requirements of the
Local Civil Registrar if either of the
contracting parties was previously
married?
The previously married applicant must
furnish, instead of the birth or baptismal certificate, the death certificate of
the deceased spouse, or the judicial decree of the absolute divorce, or the
judicial decree of annulment or declaration of nullity of the previous
marriage.
In case the death certificate cannot be secured, the party must make an
affidavit stating this circumstance, actual civil status, and the name and
date of death of the deceased spouse. (Article 13)
What is the effectivity of the marriage license once issued?
The license is valid in any part of the Philippines for a period of one
hundred twenty days from the date of issue, and it is automatically
canceled at the expiration of the period if the contracting parties have not
used it. The expiry date must be stamped in bold characters on the face of
every license issued. (Article 20)
What are the requirements if a foreigner wants to get married here in
the Philippines?
Divorce and remarriage
Divorce obtained abroad by a
Filipino not recognized in the
Philippines
Dual citizenship: A primer on RA
9225 Citizenship Retention and
Reacquisition Act of 2003
Due process and twonotice rule in
termination of employment; five
calendar days to answer the
charges and hearing required
Escalation of interest rates in loan
contracts void without written
notice to and written consent of
the borrower
Even if Filipinos get married abroad
where divorce is legal, they
cannot later on get a divorce that
is recognized here in the
Philippines
Family Code of the Philippines:
Primer on illegitimate children
Family Code of the Philippines:
Primer on legal separation
Family Code of the Philippines:
Primer on legitimation
Family Code of the Philippines:
Primer on marriage
When either or both of the contracting parties are citizens of a foreign
country, they must submit a certificate of legal capacity to contract
marriage, issued by their respective diplomatic or consular officials, before
a marriage license can be obtained.
Family Code of the Philippines:
Primer on paternity, filiation and
legitimate children
Stateless persons or refugees from other countries must, instead of the
certificate of legal capacity, submit an affidavit stating the circumstances
showing their capacity to contract marriage. (Article 21)
Family Code of the Philippines:
Primer on rights and obligations
between husband and wife
What are the rules for marriages entered into by Filipinos in foreign
countries?
Family Code of the Philippines:
Primer on the family and family
home
All marriages solemnized outside the Philippines under the laws in force in
the country where they were solemnized, and valid there as such, are also
be valid in this country, except those prohibited under Articles 35 (1), (4),
(5) and (6), 36, 37 and 38.
Family Code of the Philippines:
Primer on the property relations
between husband and wife
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is afterwards validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse has the
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
Family Code of the Philippines:
Primer on void and voidable
marriages
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capacity to remarry under Philippine law. (Article 26, as amended by
Executive Order 227)
Under what circumstances will a marriage license no longer be
required?
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 will remain valid even if the ailing party subsequently survives. (Article
27)
If the residence of either party is so located that there is no means of
transportation to enable the party to appear personally before the local
civil registrar, the marriage may be solemnized without necessity of a
marriage license. (Article 28)
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. (Article 33)
No license is 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 must state
these facts in an affidavit before any person authorized by law to
administer oaths. The solemnizing officer must also state under oath that
he ascertained the qualifications of the contracting parties and found no
legal impediment to the marriage. (Article 34; please read “Quickie
marriages under Article 34 of the Family Code: Is the marriage void if the
affidavit of marital cohabitation is false?”)
Family Code of the Philippines:
Property relations between livein
partners
Filipino divorced by spouse (former
Philiippine citizen) can remarry
under Article 26 of the Family
Code
From “Jennifer ” to “Jeff ” and from
female to male (correction of
entries in birth certificate due to
intersex condition)
HB 6699: Child spanking soon
outlawed in RP? Is spanking a
Biblicallyendorsed way of
discipline?
Happy Valentine’s Day! Avoiding the
greener grass syndrome
Heirs and inheritance (Part 01): If
your spouse dies without a last
will, who will inherit?
Heirs and inheritance (Part 02):
Legitimes, free portions, and
intestate shares
What are the rules for marriages performed by a ship captain or a
pilot?
Heirs and inheritance (Part 03):
Rights of illegitimate children
when their parent dies without a
last will
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. (Article 31)
Heirs and inheritance (Part 04): Who
inherits from an illegitimate child?
What are the rules for marriages performed by a military
commander?
A military commander of a unit, who is a commissioned officer, has the
authority to solemnize marriages in articulo mortis between persons within
the zone of military operation, whether members of the armed forces or
civilians. (Article 32)
Can I get married to my first cousin?
No, you cannot. You are related to your cousin by four civil degrees.
Because of public policy, the Family Code prohibits marriage between
persons related within the 4th degree of consanguinity (Article 38 of the
Family Code).
Here’s how to count the number of degrees: From you to your father or
mother, that is one degree. From your father or mother, to your
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
Heirs and inheritance (Part 05): The
right of legitimate children to
inherit
Heirs and inheritance (Part 06):
Settle the estate of your deceased
spouse before marrying again
Heirs and inheritance (Part 07): Is
property acquired before marriage
the exclusive property of each
spouse or does it belong to both
spouses?
Heirs and inheritance (Part 08): Do
inherited properties belong
exclusively to the spouse who
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grandparents, that is another civil degree. From your grandparents to your
uncle or aunt, that is another degree. And from your uncle or aunt to your
first cousin, is another degree, making a total of four degrees.
Posted by Atty. Gerry T. Galacio at Sunday, November 26, 2006
410 comments :
Anonymous said...
1 – 200 of 410 Newer› Newest»
Dear Atty. Galacio,
I am a Filipino who initiated a divorced from my alien exhusband ,I
know ( through your blog )that in our law the divorce I obtained is
not valid here in the Philippines. Do I have to file for annullment or
what do I have to do to declare my previous marriage null? Please
help. Thank you in advace.
January 18, 2008 4:51 PM
Atty. Gerry T. Galacio said...
This comment has been removed by the author.
January 20, 2008 12:46 PM
Anonymous said...
Mr. Galacio,
My marriage certificate shows that the civil wedding was performed
1 month before my 18th birthday. The typed age is 18, but it's
obvious based on my birthday, I'm 17 at the time. Is my marriage
legitimate? I do not have a concent letter from my parents.
Thanks for any input
January 21, 2008 6:21 AM
Atty. Gerry T. Galacio said...
Article 35, paragraph (1) of the Family Code states that a marriage
by someone below 18 years of age is void from the very beginning,
even with the consent of the parents.
However, you cannot take the law into your hands and declare by
yourself that your marriage is void. You need to file a petition under
Article 40 FC to have your marriage declared null and void.
You did not indicate the circumstances of your marriage at such an
age. Please take note that you and all parties involved can be
charged civilly and criminally if you (and all the parties involved)
made it appear that you were of the right age and that you had
your parents’ consent for the marriage.
January 21, 2008 1:15 PM
Anonymous said...
I just want to know where can I verify if the person has the authority
to solemnized marriage.And if the witness were not able to attend
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
inherited them or to both
spouses?
Heirs and inheritance (Part 09): Last
will must be probated; Preterition
(when a compulsory heir is
omitted in a last will)
Heirs and inheritance (Part 10): Can
nephews and nieces inherit from
their grandparents, unmarried
aunts or uncles?
Heirs and inheritance (Part 11):
Disinheriting children and
descendants, legitimate as well as
illegitimate
Heirs and inheritance (Part 12):
Disinheriting your spouse
Heirs and inheritance (Part 13):
When a man is married to or living
in with several women
successively or simultaneously,
who has the right to inherit from
him?
Heirs and inheritance (Part 14):
Article 176 of the Family Code:
how to compute the inheritance of
legitimate and illegitimate children;
an illegitimate child gets only 50%
of what a legitimate child is
entitled to
Heirs and inheritance (Part 15): Who
inherits from a man or woman
who died single and with no last
will?
Hold Departure Order for children
while the petition for legal
separation, annulment or
declaration of nullity is ongoing
Hope and help for the battered
woman (2): RA 9262 essential
provisions
Hope and help for the battered
woman (3): RA 9262 Protection
Orders
Hope and help for the battered
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during the marriage ceremony,and somebody else signed for
them,is the marriage that took place considered void and invalid?
Thank you!
January 21, 2008 7:54 PM
Atty. Gerry T. Galacio said...
1. You can verify with the National Statistics Office as to whether a
person is authorized to solemnize marriages or not.
Please take note however of Article 35, paragraph 2 of the Family
Code which states:
Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age
even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so.
NOTE: This means that if you or the man believed in good faith
that the solemnizing officer had the authority, the marriage is valid
even if it turns out that such an officer was not legally authorized to
solemnize marriages.
2. There are two kinds of requisites for a valid marriage: essential
and formal. The requirement for two witnesses signing the
marriage contract is a FORMAL requisite. The FC provides that
Art. 4. The absence of any of the essential or formal requisites
shall render the marriage void ab initio, except as stated in Article
35 (2).
woman (4): Emotional abuse /
psychological violence
Hope and help for the battered
woman (5): Biblical response to
abuse; evangelical Christians are
best husbands – University of
Virginia study
Hospital Detention Law Republic Act
No. 9439
How do courts determine which
parent has the right of custody of
the children in legal separation,
annulment or declaration of
nullity?
If a person gets married while his
petition for declaration of nullity of
his first marriage is ongoing, can
he be charged with bigamy?
If a wife gets pregnant by a man not
her husband, will the child be
legitimate or illegitimate?
If husband and wife have not seen
each other for more than seven
years, does it mean that their
marriage is already void?
Irreconcilable differences not a
ground for declaring a marriage
null and void
A defect in any of the essential requisites shall not affect the
validity of the marriage but the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable.
Is the Philippine embassy in Japan
violating Article 26 of the Family
Code and Supreme Court
decisions?
NOTE: The fact that the other people signed for the witnesses is a
formal requisite that does NOT affect the validity of the marriage.
HOWEVER, all parties involved in the irregularity shall be charged
in a civil, criminal or administrative case.
Katrina Halili and Hayden Kho
scandal: being under the influence
of alcohol or drugs is a prohibited
defense under RA 9262
January 23, 2008 3:47 PM
Anonymous said...
Dear Atty. Galacio,
Thank you very much for your reply to my previous questions,I
really appreciate it. I hope you will not mind if I ask another
question/s as I don't really know how can I file my petition for
recognition of foreign decree of divorce and or annulment. Can I
file the petition for recognition of foreign decree of divorce and or
annulment on my own without hiring a lawyer to represent me? I
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
Katrina Halili vs. Hayden Kho case:
What is a demurrer to evidence?
Could Hayden be forced to testify
in court?
Kris Aquino and James Yap cannot
adopt Bimby jointly or
sequentially; only one of them can
adopt Bimby
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am a single parent and I don't have funds to pay for the costly
process of annulment and or recognition of foreign decree of
divorce. I understand that I can apply for legal aid through PAO or
Public Attorneys' Office or other institutions like the Integrated Bar
of the Philippines (IBP ) or law schools that have legal aid program,
but there is no guarantee that they will take on my case. And even
if they do, I will probably have to wait for a long time due to their
heavy load. I am not sure of what to do, do I have to file for
annulment or do I have to file for recognition of foreign decree of
divorce? Where do I have to file it, is it in the Regional Trial Court
or in the Family Court? Please advise, I will be very grateful if you
can enligthen me. Thank you very much and God Bless.
January 23, 2008 9:34 PM
Anonymous said...
Atty. Galacio
I have additonal questions please based on the above ...
If the lady does not have the money to pay for annulment ~
considering all that annulments need to have done and paid for ~
can she enter into a common law 'marriage' legally in terms of to
the outside world she is married and can she then, with her
'common law husband', act and be recognised as and claim to be
husband and wife legally or is this bigamy because of a claim to be
married? Hope this is clear and thanks.
January 24, 2008 4:59 PM
Atty. Gerry T. Galacio said...
1. As I have discussed, a divorce obtained abroad by a Filipino
citizen will not be recognized here in the Philippines. When the
divorce proceedings were initiated by the foreignerspouse against
the Filipino spouse, then such a divorce will be recognized here
provided the requirement of Article 26 has been complied with.
That is, if such a divorce allows the foreigner spouse to remarry,
then the Filipino citizen can also remarry.
2. Assuming it is the Filipino spouse who is the innocent party (that
is, he or she did not initiate the divorce), before she can remarry
here in the Philippines, he or she must comply with the
requirements of Article 13 FC. That Filipino must file the proper
petition in court for the foreign decree of divorce to be recognized
here.
3. If it is the Filipino spouse who initiated the divorce, then such a
divorce will not be recognized here in the Philippines. That foreign
decree of divorce cannot be given effect here.
It may be costly, timeconsuming and seemingly a superfluous
repetition of what has already been decided in the divorce
proceedings abroad, BUT that Filipino spouse, in order to remarry
here, must file a petition to have his or her marriage declared null
and void. A common ground used as you may know is Article 36 or
psychological incapacity.
4. Please take note that legally speaking, annulment is for voidable
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marriages, while declaration of nullity is for void marriages.
5. It is true that annulment / declaration of nullity is very expensive.
Here in Metro Manila, lawyers generally ask for an initial fee of one
hundred thousand pesos. Total costs will amount to something like
one hundred fifty up to two hundred thousand pesos.
prescription of the crime; civil
liability
Legal Procedures 22: Filing of
complaint and answer in civil
cases
In our system of laws, ordinary persons cannot file cases on their
own since this would be an illegal practice of law. You need to
retain the services of a lawyer to prepare the pleadings for you and
to prosecute the case for you.
Legal Procedures 23: Default or
failure to answer
There is a Makatibased law office Guzman Tanedo Acain which I
understand specializes in annulments and legal separations AND
adjusts its rates depending on the financial capability of the
petitioner. Its office is at 316 Mile Long Building, Amorsolo Street,
Legaspi Village, Makati City, 1200 Philippines; Telephone: (632)
8941441; email: [email protected]. Perhaps, you can try
contacting this law office.
Legal Procedures 25: Kinds of
pleadings and motions
Please take note that I am not in any way connected with this law
office.
6. All cases involving marriage, family relations, minors, and others
of the same nature are required to be filed in the Family Court. The
Family Court is a Regional Trial Court specifically designated as a
Family Court. We also have RTCs designated as commercial
courts (handling cases previously under the jurisdiction of the SEC)
and also, drugs courts.
7. Common law marriages or livein relationships or unions without
marriage (as the FC calls them) are frowned upon by the FC and
our Constitution. Factually, however, the DSWD has reported that
40% of couples in CALABARZON are merely living in. That
translates to about 90,000 couples who either do not believe in the
institution of marriage or who were probably married to parties
other than their present partners. The DSWD is undertaking an
advocacy program to legalize these relationships.
Under the Revised Penal Code, there is bigamy if a person gets
married again while he or she is still in a subsisting marriage. If a
married person is involved with a person other than his or her
spouse (but without getting married to the adulterous partner), then
cases such as adultery, concubinage or psychological violence can
be filed. Please read my article Adultery, concubinage and
psychological violence in this blog in order to understand the
differences.
Also, a person involved in a common law relationship, if he or she
is employed by the government, may be charged administratively.
There is however a landmark case (Estrada vs. Escritor) decided
by the Supreme Court two or three years ago, where a Escritor, a
female government employee livedin with a man despite the fact
that both of them were married to other parties. The government
employee was charged administratively for immoral conduct. The
Supreme Court however recognized that employee’s defense of
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Legal Procedures 24: Motion to
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Legal lessons from GMA 7’s “First
Time” (presumption of legitimacy
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Legal lessons from the
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Mandatory drug testing constitutional
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and other legal issues
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violence cases
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freedom of religion (Escritor is a member of the Jehovah's
Witnesses), and she was not dismissed from the government
service. Please read my article The Estrada vs. Escritor case: Did
the Supreme Court legitimize livein relationships? You can find the
article in the Previous Posts section my blogs (Legal Updates, Salt
and Light, and Baptist Churches in the Philippines).
January 24, 2008 6:08 PM
Anonymous said...
Nullity of Marriage. Are typical attorney fees the same as
annulment? How about time line, is Nullity longer or faster?
January 24, 2008 8:27 PM
Atty. Gerry T. Galacio said...
surnames for married women
Philippine law on household helpers;
pending bills “Batas Kasambahay”
or “Magna Carta for Household
Helpers”
Plain English / Plain Language
revisions: BSP Circular No. 702,
Series of 2010 on protection of
credit card holders
Plain English / Plain Language
revisions: DSWD Travel
Clearance for Minors
Attorney’s fees for declaration of nullity (void marriages) and
annulment (voidable marriages) are typically the same, with the
time line being essentially the same. However, for declaration of
nullity of a BIGAMOUS marriage, since it is only a matter of records
(and which therefore does not require a psychological report and
the testimony of the psychologist), some lawyers ask for much
lower fees.
Plain English / Plain Language
revisions: DepEd Order No. 88 s.
2010
It is not a question of personal preference – whether you want an
annulment or declaration of nullity. Whether the proper petition is
annulment (voidable marriages) or declaration of nullity (void
marriages), this would depend on the factual circumstances.
Plain English / Plain Language
revisions: PVAO educational
benefits
January 26, 2008 2:42 AM
aillizah said...
good day atty.,
i just would like to ask why the law stated 18 as the marrying age?
aside from the belief that they are mature enough (being
considered as the universal age of majority), are there still other
grounds or reasons (moral, psychological and practical)? are there
also books or sources that can prove these grounds?..
thanks...
January 29, 2008 6:11 PM
Atty. Gerry T. Galacio said...
Before the Family Code became effective in August 1998, our laws
on marriage were found in the New Civil Code of the Philippines.
Under the NCC, males could get married at age 16 while females
could get married at age 14. The FC changed the minimum age for
getting married to 18 for both men and women.
The commission which crafted the Family Code included among
others Judge Alicia SempioDy. It was the view of the commission
members, based on their experiences and learning, that age 18
was the most appropriate minimum age for getting married. Judge
SempioDy has a book on the Family Code and she might have
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Plain English / Plain Language
revisions: PDIC notice to Banco
Filipino depositors
Plain English / Plain Language
revisions: Pantawid Pasada
Program guidelines
Plain English / Plain Language
revisions: Public Attorney’s Office
guidelines
Plain English / Plain Language
revisions: RA 9994 Expanded
rights of senior citizens
Plain English / Plain Language
revisions: Senate rules of
procedure in the impeachment of
Chief Justice Corona
Plain English, Plain Language or
Plain Writing for government
offices and private companies in
the Philippines
Precautions in buying real estate
Primer on RA 7877 or the “Anti
Sexual Harassment Act of 1995”
Primer on RA 9262 or the "Anti
Violence Against Women and
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more explanation there about this issue.
Also, you can research the deliberations of the Family Code
Commission. The UP Law Center (Law Library) in Diliman, Quezon
City most probably has a copy of these deliberations.
January 31, 2008 4:17 PM
Anonymous said...
good day!
I just want to ask some questions.
I am a filipino citizen was married to a foreign national, my ex
husband initiated the divorce abroad. What are the procedures for
me to do to have my divorce decree recognized here in
Philippines? What are the requirements needed for me to have my
divorce recognized?
Please enlighten me on this. Thank you very much.
their Children Act of 2004"
Primer on the Family Code of the
Philippines: Absolute community
of property
Primer on the Family Code of the
Philippines: Donations by reason
of marriage
Procedures in RA 8552 domestic
adoption and RA 8043 inter
country adoption;
misinterpretation of RA 9523
Atty. Gerry T. Galacio said...
Property rights of foreigners married
to or living in with Filipino citizens;
Can foreigners own land and
other real properties in the
Philippines?
Article 13 of the Family Code states, “In case either of the
contracting parties has been previously married, the applicant shall
be required to furnish, instead of the birth or baptismal certificate
required in the last preceding article, the death certificate of the
deceased spouse or the judicial decree of the absolute divorce, or
the judicial decree of annulment or declaration of nullity of his or
her previous marriage.”
Proposed bill (01): Requiring the
publication of orders, notices, etc.
on the Internet instead of
newspapers, and creating a
government office and website for
this purpose
If the Local Civil Registrar of the place where you are applying for a
marriage license (assuming you are getting married again), refuses
to issue a marriage license, then you can take judicial action to
compel it to register the foreign divorce decree.
Protecting our families and churches
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decisions on pornography and
obscenity
February 13, 2008 3:07 PM
However, you just might want to have the foreign divorce decree
recognized or registered with the proper government office (without
any thought as of now of a possible remarriage).
There is no specific Rule in the Rules of Court for the recognition of
a foreign divorce decree, so we have to look at court decisions
and/or actual legal practice for guidance.
The Supreme Court ruled in the case of Garcia vs. Recio (G.R. No.
138322. October 2, 2001) that A divorce obtained abroad by an
alien may be recognized in our jurisdiction, provided such decree is
valid according to the national law of the foreigner. However, the
divorce decree and the governing personal law of the alien spouse
who obtained the divorce must be proven. Our courts do not take
judicial notice of foreign laws and judgments; hence, like any other
facts, both the divorce decree and the national law of the alien
must be alleged and proven according to our law on evidence.
In one case (RP vs Orbecido, G.R. 154380 : October 5, 2005),
the party filed with the Regional Trial Court a petition for
authority to remarry.The Supreme Court in its ruling stated that
Orbecido’s petition really partook of the nature of a petition for
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Protection Order for abused
husbands?
Questioning the legitimacy of a child,
simulation of birth, cancellation of
birth certificates
Quickie marriages under Article 34
of the Family Code: Is the
marriage void if the affidavit of
marital cohabitation is false?
Republic Act 9285 Alternative
Dispute Resolution Act of 2004:
How to solve legal disputes
without going to court
Republic Act No. 9485 AntiRed
Tape Act of 2007
Rights of employees and obligations
of employers in business closure,
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DECLARATORY RELIEF which is covered by Rule 63 of the Rules
of Court. Section 1 of Rule 63 clarifies as to who may file this kind
of a petition: Any person interested under a deed, will, contract or
other written instrument, or whose rights are affected by a statute,
executive order or regulation, ordinance, or other governmental
regulation may, before breach or violation thereof, bring an action
in the appropriate Regional Trial Court to determine any question
of construction or validity arising, and for a declaration of his rights
or duties, thereunder.
Thus, you have to file a petition for declaratory relief under Rule 63
asking the court for a declaration of your rights or duties under the
foreign divorce decree. This assumes of course that the petition is
for purposes of remarriage.
As I stated above, you just might want to have the foreign divorce
decree recognized or registered with the proper government office
without any thought as of now of a possible remarriage. Thus,
instead of a petition for declaratory relief, you can try to directly file
with the Regional Trial Court (in your place of residence) a petition
for recognition of the foreign divorce decree and asking for
registration of the decree with the National Statistics Office.
February 15, 2008 4:04 PM
Anonymous said...
Dear Atty. Galacio:
Iam British and live in Singapore. My finance is a Philippines
citizen. Is there any requirement for me to stay in the Philippines
for the period of the 10 day notification of marriage. I live in
Singapore and had planned to fly to Manila, get my Certificate of
No Impediemnt the head to my fiances home town and register for
the marriage. I had hoped to fly back to Singapore and return after
10 days to marry. Can you tell me if there is is a problem with this
plan?
March 10, 2008 3:31 PM
Atty. Gerry T. Galacio said...
1. First of all, you have to obtain from the Singaporean embassy or
consulate here in the Philippines a document known as Certificate
of Legal Capacity to marry.
2. You and your prospective spouse must then present that CLC
when you apply for a marriage license. The Family Code of the
Philippines (Article 17) provides that the Local Civil Registrar must
post that application for a marriage license for a period of ten days.
There is no provision in the Family Code which requires any of the
applicants to stay within the Philippines within that tenday posting
period. The purpose of the tenday posting period is to provide any
person with knowledge of any impediment or obstacle as to why
the license should not be granted with the opportunity to make the
proper objection.
asset sale, or stock sale
Sexual infidelity or promiscuity does
not constitute psychological
incapacity
Should the private handwritten
instrument in RA 9255 be signed
by the father?
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owe you a hundred thousand
pesos or less and refuses to pay?
Support for abandoned woman and
family
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obstruction of justice?
Ted Failon case (2): When police
officers “invite” you; RA 7438
rights of a person under custodial
investigation
The "Battered Woman Syndrome"
as defense
The "Battered Woman Syndrome"
explained
The Estrada vs. Escritor case: Did
the Supreme Court legitimize live
in relationships?
The Internet, chat rooms, and
marital infidelity
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Unfair credit card debt collection
practices and their sanctions
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Visitation rights over illegitimate
children
What happens in an annulment case
if the respondent fails to file an
Answer?
What surname should illegitimate
children use? Problems and
issues with RA 9255 and its
implementing guidelines
As the FC (Article 18) provides, however, even if someone objects
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to the granting of the license, the Local Civil Registrar cannot by
itself refuse to issue the license. It is only by an order of a
competent court that the LCR can refuse to issue the license.
When a family member is a drug
dependent
Legally, therefore, I do not see any obstacle to your plan to file the
application for a marriage license, go back to Singapore, and come
back after ten days when the license has already been issued. The
only problems I can foresee are practical in nature, there might be
problems with certain documents, payment of fees, etc. It would be
much better if you simply stayed here in the Philippines for the
duration of the tenday period to take care of whatever problems
might crop up.
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Anonymous said...
Hi Atty. Gerry Galacio,
My wife and I married a few years ago in a catholic church in UAE
and the marriage is not yet registered or reported to the Philippine
Consulate here (due to very long process). We are planning to get
married again in a catholic church in the Philippines this year so
that we can celebrate/share with our families, relatives, and friends.
ATTY. GERRY T. GALACIO
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Is it legal? Please help.
Thank you very much.
And more power on your blog.
March 11, 2008 9:45 PM
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Atty. Gerry T. Galacio said...
1. The rule for marriages contracted by Filipinos abroad is lex loci
celebrationis, meaning, if the marriage is valid in the place where it
was celebrated, then it is valid here in the Philippines (with certain
exceptions). Your marriage in UAE assuming it complied with all
the requirements there (and it does not fall under the exceptions to
the lex loci celebrationis rule) is valid here in the Philippines even if
it has not been recorded in official records of the Philippine
government. Please take note that the marriage certificate or
contract is not an essential or formal requisite of marriage under
the Family Code. Thus, even if there is no record (as of yet) of your
UAE marriage, you are validly married.
2. Thus, if you get married again here in the Philippines, it should
only be a pro forma celebration, sort of reenactment of what has
already legally taken place in UAE. Meaning, you should no longer
apply for a marriage license or sign the marriage certificate, etc.
You should definitely inform the officiating minister of your previous
marriage in UAE and explain to him that what you need is a
reenactment or renewal of vows or a public celebration with family
and friends.
The problem is, if you apply for a marriage license and sign the
marriage certificate and the officiating minister forwards it to the
NSO, you might eventually end up with two marriage certificates on
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Related blog
Marital infidelity: causes,
consequences and conclusions;
Mediation not allowed in domestic
violence cases (with apologies to Pia
Guanio); Why marriages fail: He
said, She said; Transformers: Why
do persistent suitors become
passive husbands? How to save
your marriage alone; All about
women; Why do men think the
things they think, say the things they
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file with the NSO (one from your marriage in UAE and the other
one from your marriage here in the Philippines). Needless to say
that creates administrative and legal problems for you.
March 12, 2008 2:28 AM
Anonymous said...
Hi Atty. Gerry Galacio,
say, and do the things they do?
Surviving marital infidelity; Legal
lessons from Willie Revillame and
Liz Amoro; Marriage: The Ultimate
Fighting Championship; Boundaries
in marriage; and other articles.
Color or black and white?
Thank you for your very quick response. It is very helpful.
Therefore, you just need to avoid double NSO marriage
registration.
Right?
Btw I have one clarification to make. The marriage registration did
not reach the Philippine Consulate here. The process here is to
register first in UAE Ministries of Courts, then Justice, then DFA
and the last is the Philippine Consultate. We are still in the UAE
Ministry of Justice process.
For argument's sake,
1. What if we did not report our marriage to Philippine Consulate
and then we marry in the Philippines?
2. And if ever we have double NSO marriage registration, what
administrative and legal problems it will make? Who will sue or
take legal action on us?
I took these pictures when I was a
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Rizalians!
Campus Connection blog
3. Is the Civil wedding and then church wedding scenario is the
same?
Thank you very much again.
March 12, 2008 1:41 PM
Atty. Gerry T. Galacio said...
The right of a priest, pastor or any religious minister to solemnize
marriages emanates from the State, specifically from the provisions
of the Family Code. Without such authority, a priest, pastor or
minister can be prosecuted criminally.
Thus, a civil marriage (solemnized by a mayor or a judge for
example) and a church marriage (solemnized by a priest, pastor or
minister) are the same in legal effect. Whether a civil or church
wedding, the couple has to present their marriage license, sign the
marriage certificate, observe the rule on two witnesses, etc.
If a couple has already been married in a civil rite, there is no need
for a church wedding. The same thing when a couple gets married
in a church wedding, there is no need for a civil rite.
It is a decision you and your wife have to make whether to report or
not your marriage in UAE. As I explained to you, we follow the rule
on lex loci celebrationis. I cannot speculate on what can and
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cannot happen if you do not report your marriage in UAE to the
proper Philippine government officials.
If there are two marriage certificates on file with the NSO, that
gives rise to administrative problems. Which certificate should the
NSO release when asked for a copy? Even if you got married to
the same person, you would have committed falsification of entries
in a public document (in the application of marriage license where
you would place single in the marital status among other things).
This is a public crime meaning anyone with knowledge of the crime
can report it.
March 12, 2008 6:38 PM
Anonymous said...
Thank you for your immediate reply Atty. Gerry Galacio.
content online,
with J. Vernon
McGee,
Charles
Spurgeon,
Erwin Lutzer,
James Dobson,
John
MacArthur,
Chuck Swindoll,
Tony Evans,
Adrian Rogers,
John Piper,
Chip Ingram,
David Jeremiah, Tony Evans, Kay
Arthur, Beth Moore, Greg Laurie,
etc.
The past days, I have been reading a lot of cases. And I have
couple of points to mention:
* Most of the cases filed about double marriage only involves a
third party (bigamy or concubinage), abuse or abandonment. We
know a lot of famous celebrities, politicians and businessmens who
are involved in this third party practice. Most of them are only
money matters and can be easily settled off the court. A person will
not invest his time and money to a case which is usually take years
unless he can get big money out of it.
* Falsification of public document without any damaged to a third
party is difficult to prove for lack of merit (unless you have reported
double marriage certificate to NSO) and even more difficult if it
involves marriage outside of the Philippines.
* Administrative cases is only for employees of the government.
March 15, 2008 6:08 PM
Vincent... said...
Surnames of married women here in Belgium remain.While in my
case, i need to adopt the surname of my husband after my
marriage in the Phillippines.
Could you please help me to find in our existing laws to be my legal
ground in adopting or carrying the surname of my husband?
i am being requested to write an explanation on this regard to the
reason that i am processing my school transcript of records and
diploma for the ministry of education here in Belgium.My diploma
and transcript of records all bears my maiden name which is
contradictory to my Belgian identity card who bears my marital
surname.
I would be grateful of your help.
thank you
Getting married? Take a look at
what “covenant marriage” is all
about
“Marriage is a
covenant
between a
man and a
woman who
agree to live
together as
husband and
wife for as long
as they both
live. We have chosen each other
carefully and have received
premarital counseling on the nature,
purposes and responsibilities of
marriage. We understand that a
covenant marriage is for life.”
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3 Signs of Sexual Abuse in Marriage
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March 16, 2008 5:05 AM
Anonymous said...
Dear Attorney,
Evangelicals
How to be a Better Spouse in Times
of Grief
Greetings!
Just Because I’m Divorced Doesn't
Mean You Should Divorce
I have a very terrible problem and I would like to seek your legal
advise on this.
Online resources
I married to a Filipino citizen who is currently a Permanent
REsident of Canada (not a Canadian Citizen) last MArch 2007. We
sought for legal advise from my lawyer if it's legal to marry here in
the Philippines considering that my husband's exwife is still a
filipino citizen, though married last February 2007 to a Canadian
Nationale. We are so naive with the Family code and we were just
banking on my lawyer's words.
We file the Spousal Visa Application and unfortunately, the
Embassy sent us a letter two weeks ago stating Article 15 of the
Civil Code of the Philippines, thus, telling me that my husband is
still legally married to his exwife, because they found in their
records that both of them are still Citizens of the Philippines.
I talked to my lawyer about this and he said that he was able to get
a Recognition of Divorce Decree of my husband last year and
honestly, we spent a lot of money just for that. He said that he will
write a letter to the embassy for reconsideration along with the
attachments. My lawyer likewise mentioend that the Decree of
Divorce was registered at Department of Foreign Affairs, City of
Local Registrar, etc. Hence we were able to acquire the NSO copy
of our marriage contract.
The Embassy is giving us time though to send a submission or
proposal to address this concern. WE are so lost Attorney. We
wasted so much time. It took us a lot of time before we were able
to file the Spousal Visa becuase we were waiting for our NSO copy
of our marriage contract.
Here are my questions:
1. If its really true that my lawyer got a RECOGNITION of Divorce,
would it be valid enough so our marriage last MArch 2007 will be
legal?
2. If my lawyer will write for reconsideration, with all the attached
documents, do we have to provide the LEgal Capacity to MArry?
3. What do you think we should do? PLEASE HELP US...Our main
goal is to be together and build a family in Canada that we have
both yearning over these years.
Hoping to hear from you soonest.
Thanks and more power!!!
March 16, 2008 8:58 PM
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Anonymous said...
Attorney, just to add..my husband and his exwife were divorced in
Canada last 2006.
We would greatly appreciate your help and legal assistance...We
really dont know what to do...
March 16, 2008 9:02 PM
Atty. Gerry T. Galacio said...
Vincent,
Article 370 of the New Civil Code of the Philippines is our specific
law on the use of surnames of Filipina women. Please surf the
Chan Robles website for the exact citation of this law.
Under Article 370 NCC, Filipino women have the prerogative to
choose their surname after marriage. The option includes retention
of maiden name or the use of the surname of the husband. As a
general rule, since the use of the husband’s surname is not
obligatory, a married woman may retain to her maiden name.
March 16, 2008 11:36 PM
Atty. Gerry T. Galacio said...
P.S.
Vincent,
There is a pending bill in the Philippine Senate authored by Sen.
Miriam Defensor Santiago on the use of surnames by Filipino
women. Basically, however, under Article 370 NCC, you can use
your maiden name or use your husband's surname. You therefore
have to bring to the attentiion of the Belgian officials Article 370 of
the NCC.
Article of the Day provided by The Free Dictionary
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explosive eruption in 1886, which destroyed
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March 16, 2008 11:40 PM
Atty. Gerry T. Galacio said...
1. Please read my article on Article 15 of the New Civil Code [
Ruffa, Ylmaz, TV Patrol, divorce and remarriage by Filipinos
located in http://saltandlight.blogspot.com/2007/06/ruffaylmaz
tvpatroldivorceand.html .
Cats may rule the
Internet and make
beloved pets, but a
recent study has
revealed that they may
also be linked to mental illness. As cute as
they can be, cats can carry a parasite called
Toxoplasma gondii (T. gondii), which can be
passed on to ... More ... Discuss
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2. I tend to agree with the Canadian government that your husband
is still legally married to his first wife in view of Article 15 NCC.
What did the petition for recognition of the divorce decree allege?
Do you have a copy of the decision of the court recognizing your
husband’s divorce? What does the NSO copy of your marriage
indicate? Does it contain the notations as to the divorce and your
husband’s right to remarry?
Quote of the Day
You perceive the
force of a word. He who
wants to persuade
should put his trust not
in the right argument,
but in the right word.
The power of sound
has always been
greater than the power
of sense...Give me the
right word and the right
accent and I will move
the world.
With the facts (your husband and his first wife being both Filipinos),
I do not know how your lawyer was able to obtain a recognition of
that divorce. You have to sit down and talk with him or her about it.
Joseph Conrad
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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(18571924) Discuss
Even if the divorce was recognized here in the Philippines (when it
should not have been in my view), your marriage should have
taken place AFTER that divorce decree was recognized by the
court and AFTER it was annotated by the NSO on your husband’s
marriage certificate.
The Certificate of Legal Capacity to contract marriage under the
Family Code is issued by the embassy or consulate of a foreigner
who wants to get married to a Filipino citizen here in the
Philippines. So I do not think the CLC applies in your case.
As of now, you have to rely on your lawyer’s actions as to writing a
letter for reconsideration.
Quote of the Day provided by The Free Library
Spelling Bee
difficulty level:
Thank you very much Attorney for your legal advice.
I have another question....if in the event the Embassy of Canada
will not reconsider. What should be the legal actions we should
take? Do we have to file his annulment? Can he file it even if he
isnt here in the Philippines? Would the Court here in the our
country expedite the Annulment of their marriage considering that
their divorce was granted in Canada? How long you think is the
annulment processing Atty? Also, what would happen to our first
marriage last March 2007, would it be considered null and void?
Do I have to file for a Nullity of Marriage considering that it's the
same name as my husband (considering if we will have the
marriage again after his annulment)?
I just hope and pray that the Embassy will reconsider. My lawyer
will send a letter to the Embassy for justification, along with the
documents. Nonetheless, I just would like to know what other
options we should take so our marriage will be legal. Or you think it
would be best that I will set an appointment with the Embassy to
discuss further on necessary proposals and/or action plan to
address this concern should they will not give any reconsideration?
hard
expert
score:
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Select word:
March 17, 2008 10:56 AM
Anonymous said...
easy
n. Careful forethought to avoid
danger or harm
amicable
tete‑a‑tete
head‑to‑head
mellow
impendent
friendly
laid‑back
knightly
chivalrous
imminent
Match each word in the left column with its
synonym on the right. When finished, click
Answer to see the results. Good luck!
Clear Answer
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Hangman
_________
Your guess:
?
Hoping to hear from your soonest Attorney.
Thanks so much and God bless!
Hangman provided by The Free Dictionary
March 19, 2008 3:51 PM
Atty. Gerry T. Galacio said...
You currently have a lawyer who is handling your case. It would be
a violation of professional legal ethics if I counsel you on these
matters.
For purposes of legal information only, declaration of nullity of a
marriage takes about a year to complete. Our courts cannot take
into consideration the divorce obtained abroad since the FC does
not recognize such.It is a leagl mess since as you observed even
the validity of your own marriage will become questionable.
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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March 24, 2008 5:02 PM
Anonymous said...
Thank you so much Attorney. I understand completely what you
said. Please know that I don't trust my lawyer. He just happened to
be the husband of my cousin and due to personal relationship, we
cannot just argue with him because we supposed that he is more
knowledgeable and well versed in the law relating to family rights
and, and to the status, condition and legal capacity of persons
which are binding upon the citiznes of the Philippines, even though
living abroad. Honestly, we're lost and devastated :(
I would like to extend my sincerest thanks for giving a little
information. I think I'll just have to write a letter to the Embassy and
will just seek for their reconsideration. Otherwise, we'll just have to
do it right and legal. It's just too sad because we wasted so much
time and effort simply because we aren't conversant with the laws
pertaining to dissolution of marriages through divorce.
God bless....
March 27, 2008 11:27 PM
Anonymous said...
hi atty:
I have a question and I hope you can help me on this.
how will I know the authenticity/validity of a marriage certificate/
contratct?
Can it beconsidered as a valid marriage even if there's no
ceremony? They just signed in to a paper then that's it...
April 03, 2008 9:38 AM
Atty. Gerry T. Galacio said...
1. The lack of a ceremony is a mere defect in a formal requisite
and does not affect the validity of a marriage.
2. If the marriage certificate or contract is on file with the NSO, that
is a prima facie (on the surface) evidence of the validity of the
marriage.
If you want to question the genuineness of the signatures of the
parties in the certificate, then you should ask the help for example
of the NBI experts on questioned documents
3. Even if the marriage certificate or contract is not on file with the
NSO, the validity of the marriage can still be established by other
evidence (application for marriage license, the license itself,
testimonies of the solemnizing officer or of the witnesses). Please
take note that the marriage certificate is NOT a formal requisite or
an essential requisite of marriage under the Family Code.
April 03, 2008 10:58 AM
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Anonymous said...
My marriage was already annuled when i transferred to another
govt agency and i was using my maiden name.when i remarried,i
used my husband's surname.will my present office allow me to use
my maiden name again?i am using my maiden name in my
passport and sss transactions.
April 03, 2008 6:06 PM
Anonymous said...
dear atty Galacio,
I was separated from my husband for 3 years now.His friends told
me that he was livingin with a woman.I also have my own life
now.In fact,we got married already but my marriage wasn't annuled
yet.I want to file for an annulment but i don't have the resources..I
know it's very expensive.Is there any lawyer who can help me?
April 03, 2008 6:16 PM
Atty. Gerry T. Galacio said...
Oct 08 ( 1 )
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Aug 13 ( 1 )
You have to verify what your agency’s policy is towards the use of
maiden surnames by married female government employees.
Please also check the Civil Service Commission rules on surnames
at www.csc.gov.ph.
Aug 12 ( 1 )
Article 370 of the New Civil Code is our governing law on the use
of surnames. Under this article, Filipino women have the
prerogative to choose their surname after marriage. The option
includes retention of maiden name or the use of the surname of the
husband. As a general rule, since the use of the husband’s
surname is not obligatory, a married woman may retain to her
maiden name.
Aug 05 ( 1 )
Aug 11 ( 1 )
Aug 10 ( 1 )
Aug 02 ( 1 )
Jul 31 ( 1 )
Jun 14 ( 1 )
Jun 13 ( 1 )
There is a pending bill in the Philippine Senate authored by Sen.
Miriam Defensor Santiago on the use of surnames by Filipino
women.
Jun 12 ( 1 )
From a practical standpoint, it would be better to use the name you
have consistently used in your official documents.
Jun 10 ( 1 )
April 03, 2008 8:47 PM
Jun 11 ( 1 )
Jun 09 ( 1 )
Jun 08 ( 1 )
Atty. Gerry T. Galacio said...
The problem is that your 2nd marriage is void for being bigamous.
You should not have gotten married the 2nd time since your first
marriage has not been declared null and void. Even if your first
marriage is later on declared null and void, this will not make your
2nd marriage valid. You can be charged criminally with bigamy.
April 03, 2008 8:48 PM
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Anonymous said...
Thanks,Atty Galacio for the immediate reply.I am using my married
name here at work ,gsis and bir but i am using my maiden name in
my passport,my sss and bank accounts..will there be a problem in
the future?Also,i just sought the help of a lawyer today and was
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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advised to seek an annulment so as not to complicate things..
Apr 02 ( 1 )
April 04, 2008 5:45 PM
Feb 08 ( 1 )
Atty. Gerry T. Galacio said...
1. If and when your marriage is declared null and void, you will
regain the right to use your maiden surname. Please read my
current article on the use of surnames by married women in my
Legal Updates and Salt and Light blogs.
2. It would be a good idea for you to ask a notary public to prepare
an Affidavit of Identification explaining why you are using different
names in your various documents and that you are one and the
same person. If ever there is a question, you can show this
affidavit.
April 04, 2008 8:45 PM
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Anonymous said...
hi atty:
Sep 22 ( 1 )
Sep 21 ( 1 )
how long will it take before a marrigae can be annulled?
April 09, 2008 7:41 PM
Aug 01 ( 1 )
Jul 26 ( 1 )
Atty. Gerry T. Galacio said...
It depends on several factors like the court docket (meaning case
load of the specific Family Court handling the petition), the place
(Metro Manila courts handle more cases than courts in provinces),
postponements or resettings (absence of lawyers, of the judge, the
fiscal, or stenographer, etc) and other factors beyond the control of
lawyers and clients. On the average however, it will take about a
year or two.
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April 10, 2008 10:23 AM
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Anonymous said...
This comment has been removed by a blog administrator.
April 13, 2008 5:21 PM
May 21 ( 1 )
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Anonymous said...
Apr 27 ( 1 )
hello Atty,
Tanong ko lang po, tungkol po ito sa surname ko.ANg ginagamit ko
po sa ngayon ay surname ng ex husband ko..8 years na po kaming
hiwalay. gusto ko po sanang gamitin na lang ang surname ko nun
dalaga kesa sa surname niya, pupuede po ba ito? Balak ko pong
mag abroad at sa pagkuha ko po ng passport puede po bang
surname ko na nun dalaga ang gamitin ko?
Apr 26 ( 1 )
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salamat po.
April 20, 2008 7:46 AM
Dec 15 ( 1 )
Dec 14 ( 1 )
Atty. Gerry T. Galacio said...
1. Please read my article “Miss, Ms. Or Mrs? Philippine law on
surnames for married women” also found in this blog
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
Dec 02 ( 1 )
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http://famli.blogspot.com/2008/04/missmsormrsphilippinelaw
on.html .
2. Since your marriage has not been annulled or declared null and
void, you are still married to your husband. You are therefore
legally obligated to use your husband's surname.
April 21, 2008 9:50 AM
Oct 12 ( 1 )
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Aug 06 ( 1 )
Anonymous said...
hi atty. galacio:
Aug 02 ( 1 )
Jul 30 ( 1 )
just want to ask your advice. i dont know if it is a problem but i'm
just really curious. i am married now for 12 years. i was 22 when i
got married in civil while my husband is 21 but we dont have a
parents' advice & parents' consent, respectively. he just asked me
that we get married and we did. i even dont know our witnesses. IS
OUR MARRIAGE NULL & VOID? pls answer my query, i would
really appreciate it. thanx po.
April 26, 2008 11:40 PM
Atty. Gerry T. Galacio said...
When your husband got married to you, he was only 21 (and thus
he needed parental consent). That was twelve years ago. Your
husband is now 33 more or less. Please take note of Articles 45
(paragraph 1) and Article 47 (paragraph 1) of the Family Code:
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Art. 45. A marriage may be annulled for any of the following
causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over but below twentyone,
and the marriage was solemnized without the consent of the
parents, guardian or person having substitute parental authority
over the party, in that order, unless after attaining the age of
twentyone, such party freely cohabited with the other and both
lived together as husband and wife;
Art. 47. The action for annulment of marriage must be filed by the
following persons and within the periods indicated herein:
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(1) For causes mentioned in number 1 of Article 45 by the party
whose parent or guardian did not give his or her consent, within
five years after attaining the age of twentyone, or by the parent or
guardian or person having legal charge of the minor, at any time
before such party has reached the age of twentyone;
This means that your husband or his parents should have filed
a petition for annulment of the marriage FIVE years after the
marriage. Since it has now been twelve years after your
marriage, the petition for annulment can no longer be filed.
Moreover, your husband after reaching 21 freely cohabited
with you, and you both lived together as husband and wife. In
other words, the option to have your marriage annulled has
already lapsed.
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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April 27, 2008 9:34 PM
Anonymous said...
i am the one who have recently asked you re: our 12 yr marriage.
it's my 1st time to consult a lawyer & it's so nice of you to answer
right away. thanx po.
i have 1 more question, based on your response meaning po our
marriage is "genuine"? we are not living in sin since we only got
married in civil & not in the church?
i am not bad person, i've been wanting & waiting to get married in
church but my husband never asked me (so sad....but my husband
is a good man)
again thanx po for accomodating me. i will wait for your reply.
April 27, 2008 11:18 PM
Atty. Gerry T. Galacio said...
You are not living in sin simply because you had a civil wedding
without a subsequent church wedding. If the civil marriage
complied with all the essential and formal requisites of marriage
under the Family Code, then there is no need for a church
wedding. In the same way, if a church wedding complied with all
the FC requisites, then there is no need for a civil wedding.
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Under the Philippine legal setting, pastors, priest and religious
ministers derive their authority to solemnize marriages from the
State. A religious minister without the necessary license cannot
solemnize marriages.
April 27, 2008 11:50 PM
Anonymous said...
Jul 14 ( 1 )
Jun 21 ( 1 )
May 28 ( 1 )
May 20 ( 1 )
tnx so much for answering my queries. i believe you're a very busy
man but still you find time to help people like us. i sincerely
appreciate your kindness. God bless you, Atty. Galacio. tnx po!
Apr 24 ( 1 )
April 28, 2008 10:38 PM
Apr 20 ( 1 )
Apr 22 ( 1 )
aleixie said...
Apr 03 ( 1 )
Dear Atty,
Mar 19 ( 1 )
I have been separated from my husband for three years already.
He has a mistress. And I heard he is just waiting for me to file for
annulment. That's why I do not intend to file one.
Mar 04 ( 1 )
My question is about my name. Can I revert to using my maiden
name even without annulment? I've read somewhere that women
are not forced to carry the name of their husbands. Can I now drop
his name and revert to using my maiden name?
What steps must I do in order to have a reversion of name in my
public records, SSS, Philhealth and PRC?
I have no passport yet, can I apply for passport under my maiden
name? I will also declare there that I am married.
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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May 01, 2008 5:27 AM
Atty. Gerry T. Galacio said...
aleixie,
1. Please read my article “Miss, Ms. or Mrs: Philippine law on
surnames.” You can use this link
http://famli.blogspot.com/2008/04/missmsormrsphilippinelaw
on.html
Oct 17 ( 1 )
Oct 08 ( 1 )
Sep 30 ( 1 )
Sep 24 ( 1 )
Sep 06 ( 1 )
Jul 14 ( 1 )
2. As long as you are legally married to your husband, under Article
370 of the New Civil Code, you are obligated to use your
husband’s surname.
Jul 08 ( 1 )
Jun 13 ( 1 )
As I discussed in my article, Sen. Santiago’s bill allowing a woman
to use her maiden surname after marriage or legal separation has
NOT yet been approved by the Senate and/or Congress.
May 29 ( 1 )
3. If you declare in government documents that you are not married
when actually you are, you can possibly be charged criminally with
perjury (making false statements under oath).
May 20 ( 1 )
May 01, 2008 6:47 AM
Anonymous said...
Dear Atty,
I'm a Filipino, working in a foreign country. Was married in the
philippines & got separated after years of marriage.
My question is, if i remarry in a foreign country & not annulled in
the philippines, will it be bigamous in this foreign country?
Thanks!
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May 01, 2008 2:15 PM
Jan 03 ( 1 )
Atty. Gerry T. Galacio said...
You have to consult with a lawyer of that country where you plan to
get married.
However, probably all countries in the world prohibit bigamous
marriages. Exceptions would be Muslim countries where Muslim
men are allowed to contract various marriages at the same time.
You did not indicate whether you are a man or a woman (the term
Filipino primarily refers to citizenship and may refer to either a man
or woman). In Muslim countries, the consequences are especially
severe for a woman (Muslim or nonMuslim) who enters into a
bigamous marriage.
May 01, 2008 3:52 PM
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Anonymous said...
Nov 26 ( 1 )
Atty, I got married, or I thought I did, 29 years ago and I just
learned that there is no record of my marriage in the municipality
Nov 17 ( 1 )
http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html
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where I was supposed to have a civil wedding with my husband. I
got to learn about this when the hospital where my husband was
hospitalized asked for a marriage contract with the registry number.
my copy had no registry number so I contacted the local civil
registry but found that our marriage was not listed. I checked with
NSO Manila and I got a copy of my contract with a registry number.
I went back to the municipality where we got married and asked
how come our marriage was not listed in the civil registry of
weddings but it had a registry number. Upon checking again, the
number belonged to some other couple. I asked if this is possible
that our marriage could be registered in some other place, but the
registrar said No. and that we have to be registered in the original
place even if it is a late registration. My questions: Is it possible that
my husband had it registered in another place and how did he do
it? Will our marriage be considered illegitimate? Thanks for
whatever advice you could give me.
May 03, 2008 11:25 AM
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Atty. Gerry T. Galacio said...
Aug 08 ( 1 )
Do you remember applying for a marriage license? Please
check the NSO copy of your marriage certificate and look for the
details of the marriage license – when and where the license was
issued. Then check with the Local Civil, Registrar of the town or
city which issued the license. Please take note that I am speaking
of the marriage license and not the marriage certificate.
Jul 26 ( 1 )
Under the Family Code, the marriage certificate is neither an
essential nor a formal requisite of marriage. Thus even if the
certificate is missing or defective, the marriage is still considered
valid (as long as the requisites are present). HOWEVER, when
you got married 29 years ago, the prevailing law was the New
Civil Code of the Philippines.
Jul 06 ( 1 )
You mentioned that your husband may have filed the certificate in
another place. Whether under the Family Code or the NCC, it was
the solemnizing officer who was duty bound to submit the marriage
certificate to the LCR (not your husband).
Jun 08 ( 1 )
Before I can give you a more informed answer, I need more
information as to whether you applied for a license or not, AND
why you said that your husband may have filed the certificate in
another place (when it was the solemnizing officer who should
have filed it with the LCR. As I said above).
Feb 17 ( 1 )
May 04, 2008 8:59 PM
Jan 28 ( 1 )
Anonymous said...
Jan 21 ( 1 )
Dear Atty. Galacio:
Jan 14 ( 1 )
Thanks a lot for your quick response. It was my husband who
applied for a marriage license, if I remember right (I don't have a
copy with me right now) on 29 September 1979. I already checked
with the municipality where we were supposed to be married and
the registrar said that he needed proof that we were really married
there. So I produced a copy of my marriage certificate without the
Dec 27 ( 1 )
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registry number, and a photo of the Mayor solemnizing the
marriage. It was in the presence of my sister, and the friends of my
husband. I was 23 then and he was 32. I did not know the mayor
because that municipality is not the place of residence of both of
us. I am sorry I cannot reveal the place to you yet. When the
registrar saw the picture, he said that the one in the picture was not
the Mayor but the Secretary of the Mayor. He then asked why the
windows in the office in the picture were closed. I said I dont know.
He checked the date of our marriage in the calendar and he said,
this date is a Sunday, and for civil weddings officiated by the
mayor, they don't do it on weekends. I was shocked, Atty. I talked
to my husband and he said he does not know anything about it,
probably it is the fault of the mayor's office. I went back to the
municipality and had the signature of the mayor checked if it was
authentic, and nobody could say it was! So, I asked my husband
what really happened but he could not tell me exactly how come it
went that way. I went from one municipality to the other to check if
our marriage was recorded anywhere, but there is no record. I am
supposed to ask for a CENOMAR from NSO, but the Manila office
was able to produce a marriage certificate with a registry number
(which I said does not belong to us). Now I understand why it
cannot be assigned a registry number at that time, it was because
the solemnizing officer was not the real authorized person. I
realized I was so naive not to have checked at that time.
May 05, 2008 7:44 AM
Atty. Gerry T. Galacio said...
1. It was my husband who applied for a marriage license … Article
59 of the New Civil Code of the Philippines (not the Family Code)
provided that BOTH of you must have appeared before the Local
Civil Registrar in applying for a license.
Like I said, the details of the marriage license, you can see them in
the marriage certificate which you were able to get from the NSO.
Except, if your husband did not apply for a license but instead took
advantage of what is called exceptional character (similar to Article
34 of the FC, where no license is required when there is affidavit by
the parties that they have been living in as husband and wife for
five successive years).But the NSO certificate will still contain the
notations if the NCC provision on marriage of exceptinal chracter
was availoed of.
2. Article 53 of the NCC provides that one of the requisites for
a valid marriage was that the solemnizing officer must have
the proper authority. If it is true that the person who
solemnized your marriage was the secretary of the mayor and
not the mayor himself, then your marriage is void.
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Please take note that under Article 40 of the Family Code, a party
cannot simply declare by himself or herself that the marriage is
void. There must a decision of the Family Court declaring the
marriage null and void.
Oct 30 ( 1 )
The best way to find out whether your marriage is valid or not
is to file in court a petition for DECLARATORY RELIEF. In this
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petition, you will be asking the court for its opinion as to whether
your marriage is legal or void. (Instead of a petition for declaratory
relief, you can of course go directly to a petition under Article 40 of
the FC asking the court to declare your marriage void, for reasons
like lack of a marriage license and lack of authority of the
solemnizing officer, etc).
You can try to get free legal help from the PAO (Public Attorneys
Office) in your place; from the OLA (Office of Legal Aid) of the UP
College of Law) in Diliman, Quezon City; or from the IBP chapter
(Integrated Bar of the Philippines) in your town or city. The IBO
chapter offices are usually located in the Hall of Justice of cities.
3. Please read the cases of Pugeda vs. Trias 4 SCRA 849 (331
62) where the Supreme Court ruled that the best proof of the
marriage is the marriage certificate but that it is not the only proof.
In the case of Lim Tanhu vs. Ramolete66 SCRA 425 (82975), the
Supreme Court ruled that the primary evidence of marriage must
be an authentic copy of the marriage certificate. While the marriage
may be proven by other competent evidence, the absence of the
certificate must be satisfactorily explained.
You can find these cases probably in the Chan Robles website. Or
you can go to any library of a law school and ask for help in
locating the SCRA (decisions of the Supreme Court).
May 05, 2008 10:45 AM
Anonymous said...
Thanks a lot for your valuable advice, Atty. May God bless you
always.
May 05, 2008 5:20 PM
Anonymous said...
Good day Atty. Gerry.
Sir, my GF is 21 y/o, do we need to seek parental advice or
consent to get married?
I am confused with family code saying that consent is required for
age between 18 and 21, while advice for age between 21 and 25.
Age 21 is mentioned in both age range.
Thank you and more power. God bless you.
May 13, 2008 8:47 PM
Atty. Gerry T. Galacio said...
Dean Rufus Rodriguez in his book “Family Code of the Philippines
Annotated” clarifies the matter on the age requirement this way:
Parental consent is required of the contracting party who is 18
years old or over but below 21 years of age. Parental advice is
required of the contracting party who is 21 years old or over but
below 25 years of age.
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In simpler terms, between 18 to 21 years old, parental consent is
necessary. From 21 years AND one day (that is, the day after a
person turned 21) up to 25, parental advice is necessary.
May 13, 2008 10:40 PM
Anonymous said...
dear attorney, i was married when i was 16 years old and with my
parental concent.. but the problem is i want the law to declare it as
void.. what process shoul i make to make my marriage delared as
void.?
May 30, 2008 10:45 PM
Atty. Gerry T. Galacio said...
Article 35 of the Family Code states that no one can get married
below 18, even with parental consent. Please take note that Article
40 FC provides that a judicial declaration is necessary; you cannot
take the law into your own hands and by yourself declare that your
marriage is void. You should therefore file a petition for declaration
of nullity of your marriage on the basis of nonage (you can find the
Supreme Court rule in the Legal Procedures section of my website
www.familymatters.org.ph).
Please take that all persons involved in making it appear that you
were of the right age to get married can possibly be charged civilly,
criminally and administratively.
May 31, 2008 2:38 AM
Anonymous said...
Dear attorney,
I married my wife below the age of 18, and now we have two kids.
As I was surfing this site, I found out that it is void even with
parental consent. I am now here working in other country and the
things between me and my wife are really not so good. I havent
checked yet the NSO if they have the record of it coz i leave the
country as single and doesnt need my contract. I was wondering, if
my province municipal didn't able to give the NSO a copy of my
marriage contract, will I have to undergo the same procedure as u
mentioned through court? or I can marry someone anytime I want?
Will the kids be a way to make my marriage valid?
In case I have to undergo those hearings, what can I do? Im here
outside the Philippines.. can somebody.. for example my relatives,
process it on behalf of me?
Thank You and More Power!!
May 31, 2008 9:13 PM
Anonymous said...
Dear Attorney,
I was the one who wrote the above comment.. I just have additional
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question... my wife and I were already married for 10 years.. can i
still file to the court about nullity of my marriage since I don't have
any idea before that It was void.
I was staying here in other country for 7 years..
How long will it took the court to judge the nullity of my marriage?
will I spend a lot of money for it? Because I want to get married
again.
I would highly appreciate ur advice...
again, thank you
June 01, 2008 8:28 PM
Anonymous said...
dear attorney,
i just wanna ask if what are the requirements of a belgian citizen
who wants to marry a filipino in the philippines. what are the
documents that are needed?
i really need your advise..
thank you so much...
June 02, 2008 10:37 PM
Atty. Gerry T. Galacio said...
Article 35 of the Family Code states that no one can get married
below the age of 18, even with parental consent. You cannot
however take the law into your own hands and declare by yourself
that your marriage is void. Article 40 FC states that there must be a
judicial declaration of the nullity of your marriage. If you get married
again without complying with Article 40, then you can be charged
with bigamy.
The marriage certificate is neither an essential nor a formal
requisite of marriage under the FC. Thus even if the marriage
certificate or contract is not on file with the NSO or the Local Civil
Registrar, it does not mean that the marriage is void. The existence
or validity of a marriage can still be proved by other evidence.
A void marriage is different from a voidable marriage. For example,
if a person got married between the age of 18 to 21 without
parental consent, the marriage is voidable (meaning it is valid until
annulled). BUT if that person lived with the other party beyond the
age of 21 without filing a petition to annul the marriage, then the
validity of the marriage can no longer be questioned under Article
45.
In a void marriage however, Article 39 FC states that “the action or
defense for the declaration of absolute nullity of a marriage shall
not prescribe.” Like in your case, even if you have lived for ten
years with your wife, the marriage can still be declared hull and
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void.
The Supreme Court Rule on Annulment or Declaration of Nullity of
Marriages (there is a copy in the Legal Procedures section of
www.familymatters.org.ph) provides that a petition for declaration
of absolute nullity of void marriage may be filed solely by the
husband or the wife. That is your problem. You have to come back
here to the Philippines to file and prosecute the case.
As to legal costs, this case is cheaper since it will only be a matter
of records, that is, cheaper than petitions for declaration of nullity
using Article 36 or psychological incapacity as a ground. In the
metro manila area, you can probably get lawyers who will charge
you fifty thousand pesos as professional fee. Provincebased
lawyers will probably charge lower professional fees. As to time, it
would take about a year or more (depending on the case load of
the Family Court where your case will be heard).
Thus far, we have just tackled the legal aspects of your
situation. The question is, do you have a Biblical ground for
separating from your wife? Please read my article “Biblical
grounds for divorce and remarriage.”
http://saltandlight.blogspot.com/2005/12/divorceand
remarriage_26.html
June 03, 2008 12:22 AM
Atty. Gerry T. Galacio said...
A foreigner wanting to get married in the Philippines must be able
to present a Certificate of Legal Capacity to contract marriage
issued by hiis embassy or consulate. This is provided by Article 21
of the Family Code which states:
When either or both of the contracting parties are citizens of a
foreign country, it shall be necessary for them before a marriage
license can be obtained, to submit a certificate of legal capacity to
contract marriage, issued by their respective diplomatic or consular
officials.
Stateless persons or refugees from other countries shall, in lieu of
the certificate of legal capacity herein required, submit an affidavit
stating the circumstances showing such capacity to contract
marriage.
June 03, 2008 12:26 AM
Anonymous said...
dear attorney,
I really appreciate ur response.would u mind me adding additional
question? so u mean to say sir that i cannot just authorize any
other relatives to process legal action on my behalf?
about the biblical words u are saying sir, I found out something on
my wife way back before and i just got a chance to let her go and
go on our lives. rest assured that my daughter will get everything.
thanks again
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June 03, 2008 4:45 PM
Atty. Gerry T. Galacio said...
The Supreme Court Rule is very clear. You yourself must file the
petition for declaration of nullity. You cannot authorize somebody
else to file this petition for you.
June 04, 2008 12:58 AM
Anonymous said...
I have a short and quick question.
1. is the mirriage of third degree cousins with the same family null
and void?
June 04, 2008 3:18 AM
Anonymous said...
What is the best action if both husband and wife wanted to end the
marriage? not just legal separation.
June 04, 2008 4:05 AM
Atty. Gerry T. Galacio said...
Article 38 of the Family Code states that a marriage between
collateral blood relatives whether legitimate or illegitimate, up to the
fourth civil degree shall be void from the beginning for reasons of
public policy. The prohibition applies only to first cousins, that is
those whose parents are brothers or sisters.
What is the meaning of fourth civil degree? This refers to those
whose parents are brothers or sisters. For example, Boy’s father is
the brother of Girl’s mother. From the boy to his father, that is one
civil degree. From Boy’s father to the grandparents, two degrees.
From the grandparents to the Girl’s mother, three degrees. From
Girl’s mother to the Girl, four degrees. Thus, Boy and Girl are
related by four civil degrees. They cannot get married. If the
relationship is beyond four civil degrees, there is no longer any
prohibition.
If there is such a marriage (between first cousins), the proper
procedure is to have the marriage declared null and void under
Article 40 of the Family Code (there is a copy in
www.familymatters.org.ph).
June 05, 2008 9:35 AM
Atty. Gerry T. Galacio said...
The most commonly used ground for declaring a marriage null and
void in the Philippines is Article 36 or psychological incapacity. I
have several articles on this topic in this blog (please look for the
links in the sidebar) and in the Frequently Asked Questions section
of my website www.familymatters.org.ph. Please read especially
the case of actress Amy Perez. Please also read my article “Can a
husband and wife in a notarized document declare that they are
free to marry other persons and they will not file charges against
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each other?” http://famli.blogspot.com/2008/03/canhusbandand
wifeinnotarized.html
That is the legal procedure. The question is, do you and your
wife have a Biblical basis for ending your marriage? Please
read my article “Biblical grounds for divorce and remarriage”
http://saltandlight.blogspot.com/2005/12/divorceand
remarriage_26.html
If you discover that you and your spouse do not have a
Biblical basis for ending your marriage, what do you then?
There are some organizations which conduct marriage seminars.
You and your spouse can also go to marriage counselors. Ptr.
Clem Guillermo is a wellknown Filipino marriage counselor. He
and his wife have a radio program called “Heartline” aired over
DZAS 702 Khs every evening from 10:30 to 12. There is also a
book by Willard Harley titled “His Needs, Her Needs” which
encourages spouses in crisis to fall in love with each other again. I
have numerous articles on relationships and marriage in my Salt
and Light blog www.saltandlight.blogspot.com
If you need prayers for the crisis you are going through right now,
please visit this link:
http://womentodaymagazine.com/chat/share.html (this link is for
both men and women).
June 05, 2008 9:37 AM
Anonymous said...
gud day atty. i have problem po sa status ng boyfriend ko. at first
when he court me i believed na single po sya.at the age of 24 sino
po ba mag expect na married na with 3 kids. one of my friend
informed me about his status and when i confront him he simply
deny it nung una.later on sinabi nya ikinasal sya last february 2007.
parang napilitan lang. nabuntis nya yung girl nung 17 plng sya.
pero since parang nag live in sila naging 3 anak nila. my concern
atty is this...pwede ba nyang i file annulment yung marriage nya
kasi right from the start hindi naman sila talaga nagsasama kasi
nga po ayaw nya talaga sa girl at napilitan lang sya for the sake
lang sa mga bata. hindi po cla nagkakaintindihan kahit noon pa dw
at aalis na yung girl papunta ng dubai. they talk po and they
decided na mahiwalay sila.mutual decision po. my chance po ma
annul?kasi plan din ng girl to marry a foreigner. ask ko nga po bf ko
hindi raw sya ang kumuha ng marriage license nya. help me
naman po atty. gusto ko rin po kasi kahit papano legal yung
relationship namin. thanks
June 06, 2008 3:47 PM
Atty. Gerry T. Galacio said...
1. Anyone who wants to know the real status of a person before
getting married to that person, can avail of a document issued by
the NSO called the CENOMAR (Certificate of No Marriage). Upon
application (the fee is four hundred pesos I think), the NSO will
search its records to see if there are marriage contracts or
certificates in the name of the specified person. If the NSO finds
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that there is a marriage certificate in the name of that specified
person, then the proper certification is issued.
This presumes of course that the person concerned used the same
name in the past and in the present. If a person uses a different
name right now, then it follows that the NSO search will come up
empty.
2. Since your boyfriend is legally married, then in order to be able
to marry you, he must file a petition for declaration of nullity. If he
gets married before his marriage is declared null and void, he can
be charged with bigamy. Bigamy is a public crime which mans that
ANYONE can with knowledge of the crime can file the case.
The mutual decision to separate does not have any legal effect.
Please read my article “Can a husband and wife in a notarized
document declare that they are free to marry other persons and
they will not file charges against each other?”
http://famli.blogspot.com/2008/03/canhusbandandwifein
notarized.html
June 07, 2008 11:08 AM
Anonymous said...
good day...before i ask my questions, let me first present the facts:
i was born in the philippines (in 1977, making me 31 now) but my
mother [an american citizen] registered me in the US embassy as
an american born abroad [officially, they call it a Consular Report of
Birth Abroad of a Citizen of the USA]; this established my american
citizenship.
my father was always filipino
i grew up in the philippines, as a filipino [i still have a valid
philippine passport]; however, i never renounced my US citizenship
i am now residing in California, but i never renounced my filipino
citizenship
i was legally married in 2000 (in the philippines; i was 23 and the
wife was 21) to a filipina; the certificate indicated my nationality as
Filipino.
now with my questions:
can i file for a divorce here in California to have my marriage in
the philippines ended? according to the family code (art.26,
para.2), as the alien spouse, i must initiate the divorce, to be able
to have it eventually processed and validated thru the philippine
courts. my wife, with whom ive been separated 5+ years already,
and i have agreed that this process will not be contested.
i'm not really clear with the intricacies and implications of the dual
citizenship law; will it have an effect on the validity of the original
certificate, as it was stated there that i was filipino (which is and
was true) but at the same time, i was american all along?
thanks for bearing with me thru this rather long post. i truly
appreciate it.
June 08, 2008 4:13 PM
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Anonymous said...
hello mr atty,
i got married (civil) 1999 left for canada 2000 we had a problem me
and my husband then he got married again with another woman
2003 and live in saudi arabia with his new wife and two kids,2
months ago we had communication and have understanding and
he told me our marriage was the one registed still in NSO
philippinnes,he wants me back but i would like to make sure if our
marriage is really still valid.thank you
June 09, 2008 8:26 PM
Atty. Gerry T. Galacio said...
1. The way I understand it, you want to initiate the filing of the
divorce petition so that your wife (a Filipino citizen) can have the
right to remarry under Philippine law.
2. In order that there will not beany complications, you must fully
establish that you are filing the divorce action as an American
citizen.
Please read my article entitled "The right of a divorced Filipino
spouse to remarry under Article 26 of the Family Code" which has
relevance to your situation. Use this link
http://famli.blogspot.com/2007/12/rightoffilipinospousedivorcee
to.html
The fact that your citizenship is entered as “Filipino” in your
marriage certificate works against you. In the case cited in my
article, the situation was that the marriage was solemnized while
the parties were both Filipino citizens. Later on, one of the parties
became an American citizen. That American citizen later on
divorced the other party (who was still a Filipino citizen). The
Supreme Court ruled that the divorced Filipino citizen had the right
to remarry under Article 26 of the Family Code.
Based on you narration, you were an American from birth (by virtue
of your mother’s American citizenship). RA 9225 (the Philippines’
dual citizenship law) however speaks of a Filipino acquiring foreign
citizenship. Section 3 of the law states: Retention of Philippine
Citizenship Any provision of law to the contrary notwithstanding,
naturalborn citizenship by reason of their naturalization as citizens
of a foreign country are hereby deemed to have reacquired
Philippine citizenship upon taking the following oath of allegiance to
the Republic …
RA 9225 is a relatively new law and there are problem areas like in
the case you described. For example, can a person who holds dual
citizenship file for divorce as a foreign citizen when the Family
Code prohibits or does not recognize divorce? Section 5 of the law
however states that holders of dual citizenship shall be subject to
all attendant liabilities and responsibilities under existing laws of
the Philippines.
The proper course of action here is for you to file a petition for
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DECALARATORY RELIEF with the Regional Trial Court so that it
can issue a ruling on this matter. You can also try to contact the
Bureau of Immigration and Deportation since it is the government
agency tasked to implement RA 9225.
June 10, 2008 12:27 AM
emil said...
thanks for the quick response, atty! upon reading RA 9225, dont
you think it's not quite relevant to my case since it's about
retention/reacquisition of philippine citizenship i never lost it thru
whatever means [renunciation, etc]. both jus soli and jus sanguinis
apply to me [my filipino citizenship from the former, and my
american citizenship from the latter?]. because of my being
american, can i be defined as an "alien" in the philippines, even
though i also am filipino? (funny and confusing, no??)
the blogpost link the you mentioned was helpful, too. one portion of
it stated that..."[4] The reckoning point is not the citizenship of the
parties at the time of the celebration of the marriage, but their
citizenship at the time a valid divorce is obtained abroad by the
alien spouse capacitating the latter to remarry.".
(that's why i asked about the definition of "alien" and its application
to my situation:P)
if i file for a divorce here in california as an american, i shall be
invoking this supreme court opinion, right? and accordingly, will the
nationality entered in my marriage certificate [as filipino] be
superceded by the divorce decree that i shall be filing as an
american?
let me say that you're doing quite a service to everybody thru your
blog [and the quick and concise responses!]. for a nonlaw person
like myself, you've been big help. so again, thanks!
June 10, 2008 6:20 AM
Anonymous said...
my present partner ex husband who married another girl already is
bullshitting our relationship he said he want her ex wife back
insisting he first marry her and their marriage still valid.is there
anyway for me to report this guy for bigamy?in which department
should i write or call?thank you....
June 10, 2008 1:11 PM
Atty. Gerry T. Galacio said...
You have to check with the NSO whether or not your husband filed
for annulment or declaration of nullity of your marriage. If there was
such a court decision, then it would be annotated on your marriage
certificate on the NSO files. But if your husband did not file for
annulment or declaration of nullity, then you are still legally married
to each other. Your husband’s second marriage is therefore
bigamous and void, since he got married without having your
marriage declared null and void first. As far as Philippine law is
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concerned, you and your husband are still legally married.
His second wife and children can however file cases against him
(civil, criminal, support, etc).
June 11, 2008 12:12 AM
Atty. Gerry T. Galacio said...
Emil,
1. As I said, you should file a petition for DECLARATORY RELIEF
with the Regional Trial Court of the place where you have your
residence here in the Philippines. This kind of petition is like asking
the court to issue its opinion on your rights and remedies.
2. Having dealt with your legal situation, the proper question is do
you have a Biblical ground for divorce (annulment or declaration in
Philippine legal terms) and remarriage. please read my article
"Biblical grounds for divorce and remarriage"
http://saltandlight.blogspot.com/2005/12/divorceand
remarriage_26.html
June 11, 2008 12:19 AM
aubrey said...
Dear Attorney,
I was married 2 years ago with my bestfriend. He was only forced
by my parents because he got me pregnant. me, getting pregnant
is really the biggest mistake we've done.. but not totally a mistake
bec the baby itself is not a mistake. I know it was against his will
coz during that time, her girlfriend and him was planning to settle
down also, I know he loves the girl so much but chose me because
of my baby. I know it was painful for him. a month later we got
married, I got miscarriage. Then he finally left me and he went to
the girl he loves. It was really painful for me because I love him so
much.
Right now the girl and my husband is planning to marry. I told him I
will file case against him coz he is still married to me. But the thing
is, he told me that he applied for CENOMAR and the result is, there
is no record of our marriage.
It was my parents who applied for our marriage certificate. Is it
possible attorney that our marriage is FAKE? I have my contract
with me.
So that means he could marry that girl anytime he wants since the
result of the CENOMAR is negative?
Pls help me attorney.. im really in a deep problem. Thank You and
God Bless..
June 13, 2008 7:11 AM
Atty. Gerry T. Galacio said...
Aubrey,
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The marriage certificate or contract is not an essential or a formal
requisite of marriage under the Family Code. Even if such
document is not on file with the NSO, it does not mean that the
marriage is void. The validity of your marriage can still be proven
by other evidences (the application for marriage license, the
marriage license itself, the testimonies of the officiating minister
and of the witnesses, etc).
You can try to get free legal help from the IBP (Integrated Bar of
the Philippines) chapter in your town or city, OR from the OLA
(Office of Legal Aid) from the UP College of Law in Diliman,
Quezon City. The IBP chapter offices are usually located in the Hall
of Justice of cities. Show the lawyers there the documents that you
have to find out if they are genuine or not.
June 13, 2008 5:57 PM
aubrey said...
Thank you for ur response attorney. So u mean to say sir that the
result of the CENOMAR has nothing to do with my marriage??
Does it mean that my husband can really marry any other girl for
the reason that he is still single?
Can i file charges against him?
June 13, 2008 7:50 PM
Atty. Gerry T. Galacio said...
If and when your husband gets married again and you file a case
against him, he will surely produce the CENOMAR in his defense.
You must be able to prove the validity of your marriage (through
evidences like application for marriage license, the marriage
license, testimonies of witnesses, etc). Even now, you should take
steps to prove the validity of your marriage like getting copies of
the documents, the testimonies of the witnesses, the solemnizing
officer, etc.
June 14, 2008 10:52 AM
Anonymous said...
my wife is in canada right now.a year from now she will sponsor
me and my kid for permanent residence.my problem is i applied for
a cenomar and i am shocked till now that there is 2 marriages
listed on my name.the first is in 1988 with my exgf.we had a secret
marriage then.i applied for the marriage cert. today to check the the
birthdates i believe shes under 18 and if she is 18 theres no
parental consent.we never really lived together after a year or so
she went to bahrain and that was the last time i saw her.i later
learned that she got married there and i even know the guys
name.i am married now since 1996 and have a 10 year old kid.i
love my wife and son that i cant even break the info to them about
my previous marriage.please help me what shall i do.i got a year to
settle this thing i hope it will be in that time frame.will you
recommend me a lawyer i am at lost.i love my family.please what
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shall i do...help me
June 16, 2008 7:10 PM
Anonymous said...
dear atty:
i was married(civil) last 2003 with my x bf without parents
consent.we broke up a after a year.we don't live together since out
parents isn't aware of what we have done so our relationship is still
a boyfriendgirlfriend relationship.my problem is our marriage is
registered at NSO.last year my ex bf told me that he got
married(civil) last 2006.next year im also planning to get married.is
annulment the only way to void my record at the nso?pls help
me.thank you
June 17, 2008 12:15 AM
Atty. Gerry T. Galacio said...
1. When exactly in 1988 did you get married? The Family Code
took effect in August 3, 1988. Before the FC became effective,
the marrying age under the New Civil Code was 16 for men
and 14 for women. If you got married before August 3, 1988,
under the NCC, the legal marrying age was 16 for men and 14
for women. This would mean that your first marriage is valid
and cannot be declared null and void on the basis of nonage.
I will assume that you got married after August 3, 1988 (which
means that the FC and not the New Civil Code which applies to
your situation). Under the Family Code, no one can get married
below 18 years of age even with parental consent. Such marriages
are void. However, Article 40 of the FC states that for purposes of
remarriage, a petition for declaration of nullity must be filed. Since
you did not file such a petition, your second marriage (to your wife
now in Canada) is considered as bigamous and void.
You should therefore file a petition for declaration of nullity of your
first marriage on the basis of nonage. Once the petition is granted,
the court order will be provided to the NSO which then places an
annotation o your marriage certificate that the marriage has been
declared null and void. However, this does not necessarily make
your second marriage valid.
2. Assuming that you got married when the New Civil Code was
prevailing rather than the Family Code, then your remedy is to file a
petition for declaration of nullity under Article 36. You can search
Google or Yahoo for lawyers who can handle your nullity case.
3. It is much better in the long run to be completely honest with
your wife on this matter. The longer you delay in confessing to her
your youthful mistake, the more she will be hurt and think that you
have completely betrayed her. If she really loves you, she will
forgive you and help you work through this problem.
If you want people to pray for you in your time of crisis, please
follow this link to a prayer room for men and women:
http://womentodaymagazine.com/chat/share.html
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June 19, 2008 12:26 AM
Atty. Gerry T. Galacio said...
1. The terms ‘annulment” and “declaration of nullity” are not legally
the same. Annulment refers to voidable marriages while
“declaration of nullity” refers to void marriages.
2. Assuming that there were no defects in your marriage (meaning
all the essential requisites were complied with), then declaration of
nullity under Article 36 or psychological incapacity would be the
best way to remedy your situation.
June 19, 2008 12:27 AM
Anonymous said...
atty.im the one with the wife in canada.if i get a court order
nullifying my first marriage.is my second marriage valid now?if not
what shall i do then?do i have to seek a court order too declaring
my second marriage null and void.im just confused since i will still
marry the same person.thank you malaking tulong po talaga.
June 20, 2008 10:33 AM
Atty. Gerry T. Galacio said...
You are in one big legal mess. As I said, having your first
marriage declared null and void will not make your second
marriage valid. This would mean that you also need to file a
petition for declaring your second marriage void. That also means
getting married to the same person again to make things legal all
around.
There is a Makatibased law office (Guzman Acain Tanedo law
office) which specializes in annulments, legal separation, etc. You
can find their website by Google or Yahoo. This law office might be
able to offer you another way out of your legal predicament.
June 22, 2008 3:50 PM
Anonymous said...
thanks for the response atty.i have a follow up question.how much
will it cost for the declaration of nullity?what is the first step i have
to make?is it the same as the as it cost in annulment?and how long
will it take?thank you so much
June 22, 2008 4:30 PM
Atty. Gerry T. Galacio said...
Filipinos use the term "annulment" in a generic sense without
knowing that there is a legal difference between annulment
(voidable marriages) and “declaration of nullity” (void marriages).
The legaljudicial process of terminating a marriage under Article
36 (psychological incapacity) is “declaration of nullity’ and so with a
bigamous marriage. On the other hand, the process of terminating
a marriage where the issue is the lack of parental consent (any or
both parties were between 18 to 21) is “annulment.”
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Declaration of nullity of a bigamous marriage is simply based on
records and thus is relatively cheaper than a declaration of nullity
based on Article 36. In Metro Manila, declaration of nullity based on
Article 36 would cost around one hundred fifty thousand to two
hundred thousand pesos. The major portion of the cost is for the
lawyer’s professional fee.
June 22, 2008 5:07 PM
Anonymous said...
i have a couple of questions for you. Would it be faster or better for
me If I file declaration of Nullity in Canada or there in the
Philippines? Also, in case I will file it here and will be granted the
Decree, will the local civil registrar there recognized it right away? If
no what are processes that I have to go through and how long
does it usuallt takes? Thank you in advance for your reply.
June 23, 2008 4:29 AM
Anonymous said...
good day atty, i got married last march 2005 while im still studying.
i stopped for 1 sem and didnt change my status in my school
documents when i got back to school.
we only live together for over a year, and seperate ways. now, i will
be graduating this october and will apply for work. i was wondering
if i could use my own surname (i dont want to use my exhusband's
surname). only in my marriage certificate and my son's birth
certificate states that im married.
am i able to use my own surname in my curriculum vitae? i didnt
have any sss, medicare, bir account yet. when i apply for one, can i
state that im single but my dependent is my son?
i really appreciate your kindness. god bless.
June 23, 2008 1:37 PM
Atty. Gerry T. Galacio said...
1. Declaration of nullity is a judicial process filed HERE in the
Philippines. Even if you are able to get a court decree (whether for
divorce or annulment) in Canada, that decree will still have to be
the subject of a court case (recognition of a foreign court judgment)
here in the Philippines.
2. The Supreme Court Rule on Annulment / Declaration of Nullity
(there is a copy in my Family Matters website) provides for
procedures in registering the court decree with the NSO. The
lawyer you will retain will take care of that registration as part of his
or her professional services to you.
3. The process usually takes about a year.
June 23, 2008 4:36 PM
Atty. Gerry T. Galacio said...
Please read my article “Miss, Ms, or Mrs? Philippine law on
surnames for married women” at
http://famli.blogspot.com/2008/04/missmsormrsphilippinelaw
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on.html
As long as you are legally married to your husband, you are
obliged to use his surname.
June 24, 2008 7:52 AM
Anonymous said...
Atty. I have a question fo you hope you will answer me back. Me
and my spouse got married under Article 34. We were led to
believe by the minister who officiated our wedding that we don't
need to have a marriage license for us to get married but instead
just sign the affidavit of cohabitation without much elaboration. We
acted in good faith and with good intention when we got married.
It's registered on NSO. We complied all the formal and essential
requisites of marriage except for the irregularity of affidavit of
cohabitation because we really didn't leave together for 5 years.
Will that affect the validity of our marriage? I'm sponsoring my
spouse and immigration is questioning the validity of our marriage.
Thanks.
June 24, 2008 10:47 AM
Atty. Gerry T. Galacio said...
The Family Code expressly allows marriages without a license
under Article 34. Assuming therefore that all the requisites are
complied with (five years cohabitation without any legal
impediment), then the validity of the marriage cannot be
questioned.
Dean Rufus Rodriguez in his book “Family Code of the Philippines
Annotated” states however that if the affidavit of marital
cohabitation under Article 34 was not true in its contents (i.e. the
parties did not really live in as husband and wife for five
consecutive years without legal impediment), then the marriage is
void. Dean Rodriguez states that the situation is similar to that of
having a marriage without a valid marriage license. Under Article
40 of the FC, however, there must be a petition to declare the
marriage null and void.
You did not indicate the reason why Immigration is questioning the
validity of your marriage. Based on what are contained on your
marriage contract or certificate on file wit the NSO, then the validity
of your marriage cannot be questioned. EXCEPT of course if the
Immigration officers are personally aware that you and your
husband did not really live in together as required by Article 34.
June 24, 2008 11:16 AM
Anonymous said...
Thanks for the reply Atty. Immigration is asking us to produce
evidence that we lived together for 5 years but we can't because
we really didn't lived together for that long that's why they are
questioning the validity of our marriage eventhough it's registered
at NSO. If we are going to remarry the same person, will that
correct the mistake in our previous marriage or should we nullify
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first our previous marriage. Please advise us on what should we do
make everything valid and legal. Thank you.
June 25, 2008 10:26 AM
Atty. Gerry T. Galacio said...
1. As far as the Philippine government is concerned, your marriage
is valid based on the NSO records on file and on that affidavit you
submitted. In the Philippines we follow what is known as the
“presumption of regularity” in official documents and in the
performance of official duties.
2. Simply getting married again complicates matters since there is
already a marriage certificate on file with the NSO. The NSO will
always release as being official that first certificate.
3. In order to get married legally, you would have to file a petition
for declaration of nullity based on Article 40 of the Family Code.
But the problem is that you and your husband can possibly be
charged criminally with perjury (lying under oath) when you stated
in the affidavit of marital cohabitation that you had been living in as
husband and wife for five consecutive years. You are in a big legal
mess.
4. If you are migrating to the US, there are companies (advertised
in local newspapers like Reeves.com if I remember correctly) that
specialize in immigration issues. Perhaps these companies may be
able to give you other options in your petition for immigration.
June 25, 2008 10:53 AM
Atty. Gerry T. Galacio said...
For everyone:
Please take time to read my current Salt and Light blog article
entitled "Lessons in love and life from Miriam Quaimbao" at http://
saltandlight.blogspot.com/2008/06/lessonsinloveandlifefrom
miriam.html . Thanks.
June 25, 2008 10:56 AM
Anonymous said...
Atty. Good day to you, I would like to ask if we can still file our
marriage contract after 9 months, and what should we in order to
file it, we had a problem last time we were filing it because as per
registry the solemnizing officer should be the one to process our
license. and i would really liked to process it as soon as possible.
hope you could help.Thank you.
July 03, 2008 10:54 AM
Atty. Gerry T. Galacio said...
Under the Family Code, It is the responsibility of the solemnizing
officer to submit the copies of the marriage contract or certificate to
the Local Civil Registrar. If the certificate is not submitted within
fifteen days from the date of the marriage, the solemnizing officer is
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required to submit a notarized affidavit as to the reason for the late
submission.
Article 23 of the Family Code states that:
It shall be the duty of the person solemnizing the marriage to
furnish either of the contracting parties the original of the marriage
certificate referred to in Article 6 and to send the duplicate and
triplicate copies of the certificate not later than fifteen days after the
marriage, to the local civil registrar of the place where the marriage
was solemnized. Proper receipts shall be issued by the local civil
registrar to the solemnizing officer transmitting copies of the
marriage certificate. The solemnizing officer shall retain in his file
the quadruplicate copy of the marriage certificate, the copy of the
marriage certificate, the original of the marriage license and, in
proper cases, the affidavit of the contracting party regarding the
solemnization of the marriage in place other than those mentioned
in Article 8.
July 04, 2008 9:12 AM
Anonymous said...
hello atty,.atty galacio, i would like to ask if is it possible for late
registry of marriage?and if it is, what is the time lenght for it to be
registered to be still valid? thank you hoping to get a reply from
you...
July 04, 2008 10:18 AM
Atty. Gerry T. Galacio said...
The Local Civil Registrar requires the submission by the
solemnizing officer of a notarized affidavit explaining the reasons
for the late submission of the marriage contract or certificate. If the
LCR finds the reason valid, then the certificate is registered.
Please take note however that under the FC, the marriage
certificate or contract is not an essential or formal requisite of
marriage. Meaning, even if the marriage certificate or contract is
not found in the LCR or NSO files, it does not mean that the
marriage is void. The validity of the marriage can be proven by
other evidences (the application for marriage license, the marriage
license, testimonies of the solemnizing officer and the witnesses,
photovideo, etc).
July 04, 2008 10:33 AM
Anonymous said...
thank you so much Atty Galacio for responding to my
question.regarding the late registry of marriage. will it be valid if the
reason is there is a pending paper of my fiance.the greencard was
confiscated due to residency obligation to US.it was on hold,if
either it will be withdrawn or just suspended.that's why i wantd for
late registry of marriage while waiting for papers be process/thank
you and hoping to get a responce again from you,,it was really a
relief having questions answered. thank you.
July 04, 2008 1:29 PM
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Anonymous said...
in continuation for the topic late regsitry of marriage. the marriage
will be just a civil weeding and not church wedding..hoping to get
responce regarding this,,we wanted to get married but there is a
pending paper of my fince,the greencard was confiscated due to
residency obligation to US.. if it will be valid for the late registry of
marriage and if possible will it not be a conflict for the pending
greendcard?
July 04, 2008 1:33 PM
Atty. Gerry T. Galacio said...
Whether it is civil wedding or a church wedding, the solemnizing
officer is REQUIRED to forward to the Local Civil Registrar the
copies of the marriage certificate or contract. If the solemnizing
officer fails to do so, then the LCR will require him to submit a
notarized affidavit stating the reason for the late submission.
July 05, 2008 8:41 AM
Anonymous said...
DearAtty. Galacio,
My fiancee and I have already applied for a marriage license July 4
2008, while we're waiting for the absolute decree of annulment
from his first marriage, which will be released this July 24, 2008. Is
this license valid for marriage? The LCR said we could get married
already as long as we have already filed the finality and court
decisions for registration. Is this correct? Thank you in advance for
any advise.
July 07, 2008 12:36 PM
Anonymous said...
dear attorney,
good day!
i just want to ask you about secret marriage,what are the
requirements to apply for that because me & my bf are planning to
have a secret marriage next year 2009! im only 20 & my bf is 24.
do i still have to have a parents consent?where can we ask about
the requirements? thank you in advance.
July 08, 2008 8:14 AM
lady said...
Good day Atty!
I just would like to as if you could discuss about Negotiable
Instruments? About Blank cheques,Promissory Note and Bill of
Exchange... thanks!
July 08, 2008 10:59 PM
Atty. Gerry T. Galacio said...
1. Your fiancée’s lawyer will tell you that the remarriage can only
be possible if there is already a Certificate of Finality issued by the
court and if such certificate and the decree are registered and
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annotated on the records of the NSO. The release of the absolute
decree of annulment by itself will not enable your fiancée to
remarry legally. Please read the Supreme Court Rule on
Annulment / Declaration of Nullity in the Legal Procedures section
of my Family Matters website.
Section 23 of the SC Rule provides:
Registration and publication of the decree; decree as best
evidence. –
(a) The prevailing party shall cause the registration of the Decree in
the Civil Registry where the marriage was registered, the Civil
Registry of the place where the Family Court is situated, and in the
National Census and Statistics Office. He shall report to the court
compliance with this requirement within thirty days from receipt of
the copy of the Decree.
(b) In case service of summons was made by publication, the
parties shall cause the publication of the Decree once in a
newspaper of general circulation.
(c) The registered Decree shall be the best evidence to prove the
declaration of absolute nullity or annulment of marriage and shall
serve as notice to third persons concerning the properties of
petitioner and respondent as well as the properties or presumptive
legitimes delivered to their common children.
To make sure that Section 23 has been complied with, you need to
get a copy from the NSO of your fiancée’s previous marriage
certificate or contract and find out if there is already an annotation
there of the declaration of nullity of that marriage.
2. A marriage license is valid for a period of 120 days from the date
it was issued. However, in your application for a marriage license,
since your fiancée is still legally married, there is a requirement
under Article 13 FC that the status of the (previous) marriage be
stated. If your fiancée stated that the marriage has already been
declared annulled (even when there is no compliance yet with
Section 23), then there is a possibility of a criminal case of perjury
being filed against your fiancée.
Until and unless there is compliance with Section 23, and until
you get a copy of the previous marriage certificate with the
NSO annotation of the declaration of nullity of such marriage,
you should not get married.
July 09, 2008 10:32 AM
Atty. Gerry T. Galacio said...
Articles 2 and 3 of the Family Code provide for the requirements for
marriage (whether secret or publicly known). Since you will only be
21 next year, you will need parental ADVICE. This is provided for
by Articles 15 and 16 of the Family Code. Please surf to
http://www.familymatters.org.ph to read these articles.
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Legalities aside, 21 is such a young age for anyone to get married.
Experience has shown that a lot of marriages entered into at a
young age usually end in separation years later. Moreover,
successful marriages usually are those where there is active
support and encouragement from the parents.
July 09, 2008 10:34 AM
Atty. Gerry T. Galacio said...
Negotiable Instruments, Blank cheques,Promissory Note and Bill of
Exchange ...
I liked Commercial Law in law school, except Insurance which I
could not really understand and for which I got a grade of 78 in
MLQU Law School (I eventually graduated from JRC, now JRU).
These topics are beyond my intentions for this blog, however.
Probably I can do a post about BP 22.
July 09, 2008 10:43 AM
Anonymous said...
"...If your fiancée stated that the marriage has already been
declared annulled (even when there is no compliance yet with
Section 23), then there is a possibility of a criminal case of perjury
being filed against your fiancée." Thank you, attorney. I need to
ask one more thing please, since we've already applied for the
marriage license and there's validity of 120 days, if we get married
after we get the decree and the annotated (previous) marriage
certificate, can we use the same marriage license or should we
cancel it (the perjury case is causing me anxiety) and apply for
another one? (since when we applied for the license the decree
was not yet released, although there is finality already). Again,
thank you.
July 11, 2008 12:37 AM
Atty. Gerry T. Galacio said...
1. As a precaution, do not use the marriage license you already
have right now. Let that license lapse and then apply for another
license AFTER you get a copy of the marriage certificate from the
NSO with the annotation that the marriage has already been
declared null and void.
2. You have the steps wrong. First the court issues (or releases) its
decision. If there is no appeal or motion for reconsideration filed by
any party within fifteen days from receipt of the decision, then the
decision becomes final. After that, the court issues upon request a
Certificate of Finality.
July 11, 2008 8:29 AM
Anonymous said...
Good day Atty. Galacio!
My girlfriend is pregnant and she will give birth in December. We
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opt to not get married first, but decided to live together. Now, my
question is: When my girlfriend gives birth to our baby, will the
baby take my surname or the surname of my girlfriend (since we
are not married yet)? I have read article 176, but I just want to be
sure. My girlfriend has no objection to the baby taking my surname.
In fact, that is what we both want. How do we go about this?
Thanks!
July 13, 2008 3:15 AM
Atty. Gerry T. Galacio said...
Please read my artocle entitled "What’s in a name? Problems and
issues with RA 9255 and its implementing guidelines" dated July
14, 2008.
The article has a link to the NSO guidelines on how your future
child can use your surname.
That's legally speaking. Biblically speaking, I advise you and your
girlfriend to get married. Show your girlfriend that you are
committed to her by marrying her.
July 14, 2008 12:14 PM
Anonymous said...
If we plan to have a secret marriage, can I still use my surname for
my documents or should I change my status and use the surname
of my husband?
July 14, 2008 3:02 PM
Atty. Gerry T. Galacio said...
Please read my article “Miss, Ms. or Mrs? Philippine law on
surnames for married women?” Look for the link in the sidebar.
July 14, 2008 5:10 PM
Anonymous said...
dear atty g. galacio,
good day!
do you how much would be the cost in secret marriage? what
would be the content of the parents consent? or can we just do the
secret marriage without the consent? what would be the
consequences if our parents would know about it?im only 20. do
we still need to have a marriage license & where? where can we
go to have a secret marriage?
thank you!
July 16, 2008 1:25 PM
Atty. Gerry T. Galacio said...
1. You are only 20 years old and that means that you need
parental consent (in writing) before you can legally get married.
Article 14 of the Family Code states:
In case either or both of the contracting parties, not having been
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emancipated by a previous marriage, are between the ages of
eighteen and twentyone, they shall, in addition to the requirements
of the preceding articles, exhibit to the local civil registrar, the
consent to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order
mentioned. Such consent shall be manifested in writing by the
interested party, who personally appears before the proper local
civil registrar, or in the form of an affidavit made in the presence of
two witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be recorded in
both applications for marriage license, and the affidavit, if one is
executed instead, shall be attached to said applications.
If your parents find out that you got married without the proper
consent, they can file a petition in court to have your marriage
nullified.
2. You are only 20 years old and that means that you’re just about
to graduate from college or only starting to work. What is your rush
to get married? Most marriages at such a young age end in
separation several years later because of the emotional, mental
and psychological immaturity of the parties involved.
You may feel and think that you are so much in love and ready to
take on the responsibilities of being a wife or husband. Believe me,
you will have a different perspective about yourself, your boyfriend
or girlfriend, and about getting married two or three years from
now, Grow up, learn about yourself, develop your talents and skills,
pursue the open avenues in terms of studies or work, become
mature. Take your time, enjoy your early 20’s, establish yourself in
your studies or career.
Please take time to read my Salt and Light blog article entitled
“Lessons in love and life from Miriam Quiambao” dated June 22,
2008. Please follow this link:
http://saltandlight.blogspot.com/2008/06/lessonsinloveand
lifefrommiriam.html
3. As I discussed in this article, a married woman is required to use
her husband’s surname.
July 17, 2008 1:53 PM
Anonymous said...
Dear Atty,
I pray that you give your reply asap.. I got secretly married in
September 1998 ( i was 24) and I left Philippines to go abroad on
October 1998.We communicated on the 1st 3 months but lost
contact afterwards and did not have anymore communication with
him since then. Its been 10 years past now and i heard recently
from a friend that he already moved on and actually he got married
05 years ago and had 3 children now. I myself also want to move
on as I already found a man with whom i wanted to settle down (im
34 now)..My questions are ;
1) can i file for an annulment??
2) If i file for annulment, im worried that it may result of him being
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charged with bigomous act. i dont want to hurt his 2nd wife and 03
children now.
3) Will the annulment case will require the presence of all my family
as well as his family in the court??
4) im aware that it would take at least 2 years for releasing the
annulment final decision. Within these two years , how often do we
need to attend the court for hearings?
Pls help me !!! im so lost..
July 18, 2008 2:02 AM
Anonymous said...
sir,question lng po...so article 370 makes an "ok" for me to retain
my maiden name sa passport? all of my office documents and
legal documents are under my maiden name. i changed my
passport under my husbands surname since he insist on doing
that. possible could i ask for request to change it back to my
maiden last name? since all of my documents,are under my
maiden name? thanks so much sir! God bless!
July 18, 2008 4:31 AM
Anonymous said...
hi atty. my exhusband and i were separated for 2 yrs and i dont
knw where he is right now. We have lots of misunderstanding
before and also he is taking drugs. i remember few years ago he
always hit me if hes wasted na. can i use this as a ground and if
ever to revert my name to maiden name again. i don't have much
money to file coz i know this is money matter for sure. thank you so
much
July 18, 2008 11:19 AM
Atty. Gerry T. Galacio said...
1. “Annulment” refers to voidable marriages while “declaration of
nullity” refers to void marriages. The most popular ground for
declaring the nullity of a marriage here in the Philippines is Article
36 of the Family Code (psychological incapacity). Please read the
FAQ section of my Family Matters website for the differences
between annulment and declaration of nullity, and their grounds.
Whatever action you take, there is no guarantee that your
husband’s bigamous marriage will not be discovered or taken
up in the proceedings.
2. Proceedings for annulment or declaration of nullity are supposed
to be confidential. The petition is primarily between the complaining
spouse and the offending spouse. There is no need for your family
members to be involved.
3. As the complainant, you need to be present during all the
hearings. For the procedure in annulment or declaration of nullity,
please surf to the Legal Procedures section of my Family Matters
website.
July 18, 2008 2:04 PM
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Atty. Gerry T. Galacio said...
Article 370 of the New Civil Code requires a married woman to use
the surname of her husband. The said law has not been amended
yet. Sen. Miriam Defensor Santiago’s bill has not yet been passed
by the Senate.
July 18, 2008 2:09 PM
Atty. Gerry T. Galacio said...
In order for you to regain your maiden name, you should file a
petition for either annulment or declaration of nullity. If it is granted,
then you can use your maiden name again.
Your husband's drug addiction, physical violence against you, may
be considered as "psychological incapacity" which is a ground for
declaration of nullity of marriage under Article 36 of the Family
Code.
July 18, 2008 2:23 PM
Anonymous said...
thanks atty. One more pa po, is legal separation considered forever
separation na po ba talga or i really need to file an annulment? i
know my exhusband will not cooperate on this because he really
wants to get me back. Do we have public atty po ba who could help
on us na mura lang ang bayad. thanks again.
July 18, 2008 2:57 PM
Anonymous said...
Dear Atty,
thanks so much for yor reply on my 3 questions.. but my added
question po ako sa comment ninyo na;
Quote"
Whatever action you take, there is no guarantee that your
husband’s bigamous marriage will not be discovered or taken up in
the proceedings.
Unquote"
1) Does this mean that he can also go to jail for a bigomous act
even if i dont file a case against him?
2) Re article 36, psychological incapacity, sa kaso ko po, puwede
po bang and reason for applying for annulment is non consumated
marriage for 10 years coz as a married couple, we did not cohabit
not even a day?
I eagerly await your quick reply.
July 18, 2008 9:59 PM
Atty. Gerry T. Galacio said...
1. Please read the Frequently Asked Questions section of my
Family Matters website on the differences among legal separation,
annulment and declaration of nullity.
Even if legal separation is granted by the court, you and your
spouse will still be legally married. You will still be required to use
your husband’s surname.
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2. If one spouse tells the Family Court judge that he or she wants
to reconcile and save the marriage, the judge will exert al efforts to
bring the parties together.
3. The various chapters of the Integrated Bar of the Philippines
(IBP) provide free legal assistance to the public. IBP chapter
offices are often found in the Hall of Justice of cities or of the
provincial capitol.
Free legal assistance is also provided by the Public Attorneys
Office (PAO), a government agency under the Department of
Justice.
July 19, 2008 10:15 AM
Atty. Gerry T. Galacio said...
1. Bigamy is a public crime and anyone with knowledge of the
bigamous marriage can report it to the authorities.
2. Nonconsummation may be difficult if not impossible to prove at
this point in time. It will be just your word. You cannot prove it
physically or medically, until and unless you have not had any
sexual relations before and after your marriage ten years ago.
Please read the FAQ section of my Family Matters section on what
constitutes psychological incapacity. Please also read my article on
Amy Perez in this blog.
July 19, 2008 10:16 AM
Anonymous said...
dear atty,
thank you po sa lahat ng reply and answers nyo to my queries..
nakatulong po ito sakin ng malaki para malinawan ang mga tanong
ko. Thank you.
July 19, 2008 11:21 PM
Anonymous said...
Dear Atty,
If I will need a certified true copy for the registered decree of
absolute nullity, do I get it from the NSO or the court that released
the decree? Should my annotated marriage certificate bear the
decree number that states my marriage has been declared null and
void, or does it simply state the annotation NULL and VOID? Thank
you so much for your help in this confusing legal matters. God
bless!
July 20, 2008 9:33 AM
Atty. Gerry T. Galacio said...
The Supreme Court Rule on annulment or declaration of nullity
(there is a copy in the Legal Procedures section of my Family
Matters website) provides in Section 23:
Registration and publication of the decree; decree as best
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evidence. –
(a) The prevailing party shall cause the registration of the Decree in
the Civil Registry where the marriage was registered, the Civil
Registry of the place where the Family Court is situated, and in the
National Census and Statistics Office. He shall report to the court
compliance with this requirement within thirty days from receipt of
the copy of the Decree.
(b) In case service of summons was made by publication, the
parties shall cause the publication of the Decree once in a
newspaper of general circulation.
(c) The registered Decree shall be the best evidence to prove the
declaration of absolute nullity or annulment of marriage and shall
serve as notice to third persons concerning the properties of
petitioner and respondent as well as the properties or presumptive
legitimes delivered to their common children.
Unless you had a different arrangement with your lawyer, Section
23 is still a part of his or her responsibilities to you.
July 21, 2008 11:23 AM
Anonymous said...
Hi Attorney,
I have a question, is it possible to get married to someone with the
same surname but both you are not relatives? is there a law that
prohibits that kind of arriage with the same surname?
I am living with my girl that i have met last 3 years ago during my
travel in aklan, and i we were planning to get married next year, at
first i was surprised that we have the same surname. Her Family
was purely aklanon and mine was Samarenio and Boholano.
Hope you can give an advice.
July 28, 2008 12:07 PM
Atty. Gerry T. Galacio said...
As you said, there is no blood relationship between you and your
future spouse. The Family Code does not prohibit marriage
between persons with the same surname. Articles 37 and 38 FC
enumerate what the prohibited marriages are.
July 29, 2008 8:42 AM
Anonymous said...
Thank you so much for the advice atty. !!!!! God bless!
July 29, 2008 5:15 PM
Anonymous said...
i badly need your help atty. Im a caregiver in canada and will soon
apply for a permanent resident visa. I have two kids, both from
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different father, but i got married on my second one. My ex
boyfriend left me before i gave birth to my first child and it's been 5
yrs. now and never heard of him. Then, i got married after i gave
birth to my second child to my husband and as what i have read in
your site that makes my second child an eligitimate right? Got
married in 2004. I came to Canada on feb 2006. And then
problems came up with me and my husband. My sister told me that
he was hitting both my kids so as a result of this i asked my
parents to be the guardian of my kids and from late 2006 till now
my husband never gave support or bother visiting his daughter. I
don't know where he is. He disappeared. Now MY QUESTION IS
WILL I HAVE A PROBLEM BRINGING MY CHILD HERE IN
CANADA? DO I NEED CUSTODY PAPERS? OR
AUTHORIZATION? on both child?
July 30, 2008 12:20 PM
Anonymous said...
I have a question and not sure where to turn to or who to turn to.
My boy friend is a Filipino citizen and I am a U.S. citizen. We have
a new baby and living together. I just found out that he was married
and had two children with the lady. When I had asked him if he was
still married he said no. However, his socalled exwife is still using
his name and of course his children carry his name.
Now my question: is there a way I am able to confirm his story
about not being married? If there is and since We are not married,
will I be able to access that information? If so, will it cost me and
the price range? If he is married, will it create a problem in the near
future for me?
PLEASE HELP ME....
July 31, 2008 2:33 PM
Atty. Gerry T. Galacio said...
1. Your first child is illegitimate. Your second child is also
illegitimate since you got married to the biological father after the
child’s birth. You do not need any court order or documents for the
custody of your children. Under Article 176 of the Family Code,
parental authority (which includes custody) belongs to you.
2. The DSWD has relaxed the rules on travel clearances for
minors. Since your two kids are illegitimate, there would not be
much of a problem getting travel clearances for them. Please surf
to the DSWD website for the amended rules on travel clearance for
minors.
August 01, 2008 7:00 AM
Atty. Gerry T. Galacio said...
You can file with the National Statistics Office a request for a
CENOMAR (Certificate of No Marriage). The NSO will check its
records if there is already an existing marriage certificate in the
name of that man. If none, then the NSO issues a CENOMAR. The
request for a CENOMAR costs around 400 pesos the last time I
checked. You can try applying for a CENOMAR through the NSO
website.
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Since you are not married, your child will be illegitimate. The legal
wife can also possibly file civil and criminal cases against her
husband and you.
August 01, 2008 7:03 AM
Anonymous said...
dear atty,
I'm so glad i found your page.I've been wanting to help my special
friend who is experiencing an emotional torture because of his
marriage with a woman 5 yrs ago.But I just don;t know what to say
because I have no idea about legal matters..
He & his gf got married in 2003 (civil marriage). The guy is 27 yrs
old & the girl is 25 yrs old when they got married. A week after the
wedding, the girl went to US. They have no communication since
the girl left. In 2006 the girl returned here in the Phils to say to her
husband that he got married to a US citizen. The guy upon learning
about it wants to file for an annulment but the girl did not agree to
share with the expenses. The girl then went back to US and to this
day the guy have not heard from her since she left PHils.He can no
longer contact the girl. She had changed her contact numbers even
her email ad. by the way, their marriage was registered in NSO as
per verification with the said agency.
Now my question is, can the absence of his wife for years be a
ground for annulment? My friend wants to file an annulment
because of what his wife has done to him. What can he do to make
his marriage null & void? Is there a chance for him to remarry?
Thanks in aadvance for your help.
Seaman's friend
August 01, 2008 10:48 PM
Anonymous said...
Thank you.
August 04, 2008 6:16 AM
Anonymous said...
Dear Atty,
I have a question. I will get married in Jan 10, 2009, but my fiance
and I plan to apply for the wedding license 3rd week of Sept. He is
a foreigner and we try to avoid the rush in Dec. My question is, will
my CENOMAR be affected by expiration even the wedding
lincense is already issued?
Thanks a lot and more power!
August 04, 2008 9:29 AM
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Atty. Gerry T. Galacio said...
Seaman’s friend,
Please read my article also in this blog entitled “If husband and
wife have not seen each other for more than seven years, does it
mean that their marriage is already void?”
The possible option is a petition for declaration of nullity based on
Article 36 or psychological incapacity.
August 04, 2008 2:25 PM
Atty. Gerry T. Galacio said...
The CENOMAR is not an essential or a formal requisite of
marriage under the Family Code. Your future spouse is probably
requiring you to present to him a current CENOMAR as a
precaution to ensure that you are not married. If that is the case,
then you simply apply for a new CENOMAR.
August 04, 2008 2:26 PM
daddyb said...
Dear Atty:
My anullment is already finished and I have already obtained a
certificate of finality. However, upon submitting the certificate of
finality to the municipal civil registrar where my marriage certificate
was registered, we found out that there is a 1 digit discrepancy in
the registry no compared to that of the NSO. The
register no in the municipal civil refistry is 901904 while in the
NSO it is 90190. There was a mistake in the NSO side because
no. 4 in 1904 cant be read because of a hole punched for filing. We
relied on what the NSO has given us and only 90190 can be
clearly read. What can be done? There is already finality to the
case which was anulled in my favor and have already furnished the
office of the solicitor general. The certificate of finality has register
no 90190 which was based on the document certified by NSO.
August 06, 2008 7:13 PM
Atty. Gerry T. Galacio said...
daddyb,
You already have a lawyer handling your petition. It will be a
violation of the ethics of the legal profession for me to counsel you
on the merits of your petition.
Purely for purposes of legal information only, once a judgment has
become final and executory, then that’s it. No changes can be
made to the decision, except in what is called judgment NUNC
PRO TUNC which your lawyer can explain to you. I doubt however
if the OSG or the court itself will agree since the error in the civil
registry number is substantial and the fault cannot be attributed to
the court.
August 08, 2008 9:08 AM
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fea said...
Gud pm po atty
ako po ay may kasong BP22, unpong tumutulong na law firm sa
akin ay napakiusapan nya na ibaba nalang ang babayaran
ko.nagbigay ng 1 mo. na allowance, pero natapos na po ang 1 mo.
ay hindi po ako nakaraise ng pera dahil wala na pong magpautang
sa akin kya natatakot po ako..last week pom ay dumating na
subpoena sa akin at kasama pati ang asawa ko. tama po ba un ,
na nadawit ang asawa, e hindi naman po siya nagisyu ng tseke
kundi ako lang. sana po ay matulungan nyo ako. nahihiya na po kc
ako magtanong doon sa tumutulong kasi nga po libre. salamat po
August 08, 2008 3:54 PM
Atty. Gerry T. Galacio said...
You already have a lawyer handling your petition. It will be a
violation of the ethics of the legal profession for me to counsel you
on the merits of your petition. Even if the service is free (pro bono),
your lawyer is bound to help you to the best of his or her abilities.
So you can ask your lawyer whatever questions you have
regarding your case.
Purely for purposes of legal information only, you did not indicate
what the current status of your case is (whether it is with the fiscal
for preliminary investigation, or already with the court). The
subpoena you are referring to might just be a demand letter from
your opposing party.
If indeed you are the only signatory to the check, then it is a
mistake to charge your husband also. Your husband can ask for
the dismissal of any BP 22 case filed against him.
August 11, 2008 9:14 AM
Anonymous said...
Good afternoon Atty.
Could you pls. give me some legal advice on my case.Im a Filipino
citizen with a permanent residency here in Japan and was married
and divorced here to a Romanian citizen.The Divorced was
granted here and after that i submitted the Report of Divorced to
the Phil Embassy in tokyo.I have the document stating the Report
of Divorced from the embassy.This year i was married to a
Romanian citizen there in the philippines.In the marriage license i
stated in the status that im single because when i requested a
certificate of non marriage to the NSO it turn out that im single.Now
when i applied for the visa for my wife here in Japan they ask me
why my legal status is single wherein it should be divorced.My
question is there a legal way to amend or correct the legal status in
my marriage certicate that they are questioning?thanks and god
bless.
August 11, 2008 4:01 PM
Atty. Gerry T. Galacio said...
The problem is not the discrepancy in the entry for your status in
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the NSO records. The real problem is that as a Filipino citizen, your
divorce is not recognized here in the Philippines. I am assuming
that you were the one who filed the divorce against your spouse
and not the other way around. So when you got married again, you
committed bigamy. Please read my articles on divorce and Filipino
citizens also in this blog. Look for the links in the sidebar. The
articles are “Divorce obtained abroad by a Filipino not recognized
here” and “The right of a divorced Filipino spouse to remarry under
Article 26 of the Family Code.”
If it was your wife who filed the divorce action against you, then
under Article 26 of the Family Code, you can be qualified to
remarry. But submitting the Divorce Decree with the Philippine
embassy in Tokyo was not enough. You should have filed a
petition in court here for the recognition of that foreign divorce
decree. After the court recognizes the decree, then it will order the
NSO to annotate the judgment in the records.
August 13, 2008 8:20 AM
Anonymous said...
Good afternoon Atty.
The divorce was mutually agreed.The divorce was signed by both
parties and undersigned by two witnesses at the city hall.The
divorce was granted by the city mayor the day it was filed.Am i still
liable of bigamy even if the divorce was mutually agreed?Is it too
late file a petition in court there for the recognition of my foreign
divorce decree?Is there other legal procedure on my case?If i hire
you to handle my case,what are the legal process?how much it will
cost and how long is the duration of the process?Thanks for your
response and God bless
August 13, 2008 11:24 AM
Atty. Gerry T. Galacio said...
Article 26 of the Family Code speaks of a situation where the
Filipino spouse is the innocent party, that is, he or she had no
choice since the divorce action was initiated or filed by the
foreignerspouse. The Filipino is therefore allowed to remarry.
In a mutuallyagreed upon divorce such as the one you had, you
cannot be deemed as the innocent party. Your divorce will not
therefore be recognized here in the Philippines and if you got
married here again in the Philippines, you can be charged with
bigamy.
You can inquire with other lawyers on this matter.
August 13, 2008 12:37 PM
Anonymous said...
Dear Sir,
Let me leave out the gritty details but my wife and I got married last
July 28. After more than a week, we both have decided that we
should not been together. We went to the judge who married us
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and discussed our plans to pullout our documents. He was willing
to assist us but mentioned that our papers have already been sent
to NSO a day earlier, after confirming with the localy registry. Is our
marriage still not valid until NSO records it officially? If yes, what
immediate steps could we take so we don't have to go through
the annulment process? Thanks in advance.
August 15, 2008 3:53 AM
Anonymous said...
Good day Atty.,
This might be a stupid question but.. could someone remarry the
person he/she was previously annulled to?
August 15, 2008 4:06 AM
Atty. Gerry T. Galacio said...
The moment you and your wife signed the marriage contract or
certificate in the presence of the judge, you became legally
married, whether or not the document was submitted to the NSO or
not.
The marriage certificate or contract is not an essential or formal
requisite of marriage; even if it is not on file with the NSO, the
validity of the marriage can still be proven by other evidences (the
marriage license, testimonies of the solemnizing officer, the
witnesses, photos, etc).
August 16, 2008 11:23 AM
Atty. Gerry T. Galacio said...
1. In a petition for annulment or for declaration of nullity, if one
spouse manifest or tells the judge that he or she is willing to save
the marriage through a reconciliation, the judge is dutybound to
exert efforts to try to reconcile the spouses.
2. The FC does not prohibit such a remarriage between spouses
whose marriage had been annulled or declared null and void.
Please read my Salt and Light blog post entitled “And the two shall
become one … But which one?” dated March 2, 2008. You can use
this link
http://saltandlight.blogspot.com/2007/12/andtwoshallbecome
one.html
It tells the true story of Anne Kristin Caroll who got married at 18,
got divorced at 21, remarried, and then got divorced again. She
later on remarried her 2nd husband.
August 16, 2008 11:25 AM
Anonymous said...
Hi Atty..I just wanna ask of legal advice.Im maried to a foreigner
this year then im processing for my papers so I get my NSO
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authenticated marriage license then I have found out that the NSO
copy is different with my LCR copy..the signature is different were
married in a church by a minister..and I have notice that the
middlename of the minister is different instead of "h" ay "e"
makaapekt ba yan sa para sa papers ko?need ur advice thanks
August 17, 2008 11:02 PM
Atty. Gerry T. Galacio said...
Instead of “NSO authenticated marriage license” you must be
referring to the marriage certificate or contract. The marriage
license is kept by the solemnizing officer under the provisions of
the Family Code.
The discrepancies that you described are clerical errors more than
anything else which do not have to do with the essential and formal
requisites of marriage under the Family Code. Just to be sure,
however, you can ask even now the solemnizing officer to execute
a notarized affidavit explaining the discrepancies.
August 19, 2008 7:49 AM
Anonymous said...
Hi atty... here's my situation po:
I got married last March 2006 to my second cousin, I was 24 then
& he was 29. He is a permanent resident in the US, and he only
comes home once or 2x a year. We parted ways just this JUne
2008. I wanted to know atty if our marriage can be considered
null/void? If not, what other options do I have because the decision
to separate wasn't mutual. He still wants to stay in the relationship
but I just felt that our long distance relationship has taken its toll.
Thank you so much po.
August 21, 2008 1:12 PM
Atty. Gerry T. Galacio said...
1. What the Family Code prohibits is marriage between FIRST
cousins. You are second cousins and so you are allowed to marry
each other.
2. In a landmark case involving declaration of nullity, the Supreme
Court said that “every doubt must be resolved in favor of the
validity of the marriage.” Also, if one party tells the judge that he or
she is willing to reconcile and try to make the marriage work, the
judge will exert all efforts to effect such a reconciliation.
3. You did not indicate what exactly the problem is between you
and your husband.. Please read my Salt and Light blog post titled
“Biblical grounds for divorce and remarriage” at this link:
http://saltandlight.blogspot.com/2005/12/divorceand
remarriage_26.html
August 22, 2008 7:44 AM
Anonymous said...
dear atty galacio,
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I am 8 months not legally separated with my husband. Iam
planning to apply for work in Canada, but my friend suggested that
i will indicate in my application that iam a single mom, or a
separated one. I am just confused because all the documents i
have with me specify that iam married. My passport for instance.
My friend also suggested that i can file with an attorney of an
agreement that we are separated. Is this a valid proof? The reason
for this, is that, when i want to bring my kids in Canada, i would be
needing my husband's consent, or otherwise, i would be including
my husband in my immigrant application.
I would like to trust my husband that he will give me the full custody
of my kids when i wanted to bring them in Canada. But what if he
refuse to let the children go with me.
What legal action aside from legal separation or annulment do i
have to process. Can i fill up application form that iam single or
separated but the accompanying documents bear my husband's
surname? You know i still give a 1% chance that we will be
reunited even though i myself is already decided not to leave with
him anymore.My father in law is a pastor, but we are not in good
terms. Don't know whom to get advice. Please help me. Thanks a
lot. God bless you always.
August 28, 2008 4:22 AM
Jojo said...
Dear Atty. Galacio,
I am trying to help my kumpadre with regards to his wife who are
legally married and have three kids (all boys 2, 4 and 6 years of
age). My kumpadre is the breadwinner of the family while kumadre
has no means of livelihood or support at all. I am very attached to
them specially the kids (most of all the 2nd in line who even
considers me to be his unofficial "papa").
It appears that kumadre is being an irresponsible parent in the
sense that whenever kumpare is not around because he is
attending to a client in the field, kumadre would leave the kids
behind at home only leaving the eldest in the brood "stay watch"
over his younger brothers. Say for example she would leave them
at around 7pm and would use the excuse that she is going to go to
the grocery next door only to return home at around 4am the
following day oftentimes smelling of liquor. My gosh and she is a
woman! My kumpare and kumadre have had numerous arguments
because of this and although my kumpare is correct, kumadre
would argue she is not doing anything wrong and would even
threaten him that if he decides to separate that he will not see his
children anymore. Although this is not my fight but I pity the
children because they are the ones who are so affected even
their schooling is affected by all of this. My concern is that if the
children go with the wife, they will end up probably as bums and/or
street/squatterlike children because the mother has no means of
livelihood/work or support on her own. It is kumpare who is the one
providing for them. What makes the situation more complicated
and disturbing is that we suspect that there is a third party involved
with the wife there is gossip around the local beerhouse joint
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where we suspect kumadre to be hanging out, that she is meeting
and having an affair with an SP02 policeman. This SP02 knows
that kumadre is already married with children but I do not
understand why he still has to entertain the company of kumadre.
We even suspect that this scalawag SP02 policeman may have a
family of his own.
Months have passed and kumpare and I have tried so many
methods of trying to patch their relationship up. Even to the extent
of attending religious fellowships in the Divine Mercy but kumadre
is so stubborn, close minded and sinful! It has come to the point
that kumpare is now totally fedup and just wants to separate/annul
his marriage with her because of her covert and immoral activities.
His mother in law even spoke with kumadre and for a moment we
thought that everything was going to be alright because she said
that she wouldn't be doing this anymore but barely after a week
she would slyly "escape" the house when kumpare is out on client
call and when kumpare got home she wouldn't be around anymore
and would return home in the wee hours of the morning
(intoxicated). We suspect that she must be seeing that policeman
(or someone else) probably going to a motel or something similar
like that. We plan to investigate and set a trap to catch her/them in
the act so we have solid evidence of her/immoral activities.
Although her going out at night and coming home in the wee hours
of the morning oftentimes intoxicated because she goes to some
beerhouse has already been verified and is factual.
My concern now is if kumpare separates her because of this what
grounds can he use for the separation? Can it be on the grounds of
being an irresponsible parent/wife and/or/also concubinage? What
about the children? I would really like to see the kids specially the
2nd in line who is 4 years old and is my closest "inaanak" be in the
custody of the husband. I mean the wife has no income, no work,
only finished grade 4 elementary and hails from the boondocks of
Negros with her behaviour and irresponsible parenting and her
immoral/questionable activites she cannor be a role parent or can
either support the children enough. Kumoare is in a better position
to take care of the kids. Although I am confused because some
people are saying that minor kids specially in those ages are given
to the custody of the wife ... but how can this be when she isn't fit to
be a good parent nor can she support them. Kumpare has been
very patient, kind and understanding of the situation but he is
getting fed up already and confused also what are the legal actions
to take (both against his wife and that PNP officer if we prove that
there is indeed an extramarital sexual relationship going on). Also,
with regards to custody of the kid(s) what do we do? I would really
like to see the kids custody with my kumpare even if not all of
them. Kumare could have visitation rights but as long as she
doesn't take them away because she isn't fit to be a role parent.
Please we need help and advise. Kumpare isn't wealthy and
depends on his clients for income as he is a trained
reflexologist/therapeutic masseur. I am writing this because I am
emotionally affected because of my pity for the children who are
my godchildren and so very close to me.
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I tried to help but I safely stay away from any direct confrontation
with their arguments because I am not bloodrelated to them.
Kumpare is very broad minded and understanding but kumadre is
so narrow minded and falls back often. She uses the children as
her weapon against us (me). If she/he/them wants to separate then
that is their decision but as a witness I can see very clearly with my
own two eyes that kumpare is in a better position to take custody of
the kids even if not all of them. I am not a legal person so I am in
the dark and we do need all the help we can for morality, the
children involved being the victims in this case.
Thank you very much for reading my long email. Can you advise
us as to what steps to take and what are our options?
Please?
August 28, 2008 9:32 AM
Anonymous said...
ERRATUM AUGUST 28, 2008
You know i still give a 1% chance that we will be reunited even
though i myself is already decided not to LIVE with him
anymore.My father in law is a pastor, but we are not in good terms.
Don't know whom to get advice. Please help me. Thanks a lot. God
bless you always.
August 28, 2008 10:28 PM
Atty. Gerry T. Galacio said...
In law and in fact, you are still legally married despite your
separation. You will be creating a lot of complications with
application for immigration if you indicate your status as “single”
when your documents clearly show that you are married. You can
only be “single or “married” in terms of civil status. There is no such
thing as “separated” in civil status. Your friend may be sincere in
wanting to help you but such sincerity will not prevent
complications from arising later on.
(As to that agreement which your friend suggested, please read my
article titled “Can a husband and wife in a notarized document
declare that they are free to marry other persons and that they will
not file charges against each other?”) Or you can download my
free PDF newsletter on this topic. Follow this link:
http://www.familymatters.org.ph/PDF%20newsletters/Free%20PDF
%20newsletter.htm
Please take note that under Article 210 of the Family Code,
parental authority cannot be renounced, waived or transferred
except as authorized by law. Your husband cannot simply say
verbally or in a document that he is waiving or renouncing his
parental authority over your children. Even if your marriage is
declared null and void, your husband retains parental authority
over your kids (although custody may be given to you by the court).
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Until and unless your husband’s parental authority is terminated,
you will need his consent for your children to be included in your
petition for immigration.
There are companies here in Philippines which specialize in
Canadian immigration. Perhaps they may be able to provide you
with other viable options.
If you want people to pray for you for whatever your needs are right
now, please follow this link to a prayer room for men and women:
http://womentodaymagazine.com/chat/share.html
August 29, 2008 3:54 PM
Atty. Gerry T. Galacio said...
1. Please read my posts titled “Can a mother be deprived of
custody of her child?” and ”Custody battles over children: what
determines fitness of a parent over another?”
From my discussions in these posts and my answers to the
comments of readers, you can see that even if the children are
below seven years of age, if there are compelling reasons, the
court can deprive the mother of custody and grant it to the
husband.
2. Your kumpare can file a petition for either termination or
suspension of the mother’s parental authority through the following
provisions of the Family Code: Article 229 (termination of parental
authority) or Article 231 (suspension of parental authority). You can
find these provisions in my website www.familymatters.org.ph
Your kumpare can try to get free legal help from the IBP
(Integrated Bar of the Philippines) chapter in your town or city, OR
from the OLA (Office of Legal Aid) from the UP College of Law in
Diliman, Quezon City. The chapter offices of the IBP are usually
located in the Hall of Justice of cities.
August 29, 2008 10:41 PM
Anonymous said...
Atty., valid po ba ang kasal ko kung blank ang marriage contract na
pinirmahan namin? And at that time po wala pa kaming marriage
license at wala ding ceremony na nangyari from a solemnizing
officer, sa table lang ng secretary nya kami pumirma at hindi rin
namin kaharap ang solemnizing officer. Feb. 16, 1999 po kami
pumirma pero ng nakuha ko ang copy ng marriage contract ko ang
naging date ng marriage namin ay March 23, 1999. Void or null po
ba ang marriage ko? Please let me know kasi po 7 years na
kaming separated ng husband ko and may ka livein na po ako
ngayon at may baby na kami na 3 month old. Ano po ba ang dapat
kung gawin? Thank you very much!
August 30, 2008 3:31 PM
Anonymous said...
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Atty, kung magpakasal sa isang consul abroad, dapat bang nasa
consular office lang??kung outside sa office,void ba ang
marriage???..
and lastly, pwede bang mag solemnize ang consul ang marriage in
articulo mortis?? tnx po..tnx
August 31, 2008 2:34 AM
Al said...
hello atty,
pwede po ba magpakasal ang isang pari dito sa pilipinas? kung
pwede, legal po ba ito? at kung hindi pwede, sa ano pong dahilan?
maraming salamat po.
September 01, 2008 2:20 AM
Atty. Gerry T. Galacio said...
The Family Code does not prohibit priests from getting married.
The prohibition comes from the rules, regulations and vows of
celibacy of the Roman Catholic Church. If and when a Catholic
priest gets married, the marriage is valid if all the requisites are
complied with. As to whether he will be allowed by the RCC to
continue being a priest, that is very doubtful.
September 01, 2008 6:12 PM
Anonymous said...
Atty, kung magpakasal sa isang consul abroad, dapat bang nasa
consular office lang??kung outside sa office,void ba ang
marriage???..
and lastly, pwede bang mag solemnize ang consul ang marriage in
articulo mortis?? tnx po..tnx
September 01, 2008 9:09 PM
Atty. Gerry T. Galacio said...
1. You have to find out if there really is no marriage license issued
to you. From the marriage certificate or contract issued to you, you
can see the details of the license (place and date of issue). Then
you have to check with the Local Civil Registrar whether there
really was such a license issued. If the LCR says that there is no
such license in its files, then your marriage is null and void for lack
of the required marriage license. However, under Article 40 of the
Family Code, you cannot take the law into your own hands and
declare by yourself that your marriage is void. You still need to file
a petition in court for the declaration of nullity of your marriage.
HOWEVER,no marriage license is necessary if Article 34 was used
(ratification of marital cohabitation). From the marriage certificate or
contract that you have, please check if you can find the term
"Article 34" usually found on the lower portion.
2. Separation between spouses for more than seven years is NOT
a ground for the termination of a valid marriage. Please read my
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post in this blog titled “If husband and wife have not seen each
other for more than seven years, does it mean that their marriage
is already void?”
September 02, 2008 8:41 AM
Atty. Gerry T. Galacio said...
For the person who asked the question about the authority of a
consul to solemnize a marriage:
What is the factual background of your question? Has this situation
occurred or are you simply asking on a theoretical basis? I need to
know the facts of the situation before I can give a proper ansewer.
September 02, 2008 9:16 AM
Anonymous said...
Hi Atty..I just would like to ask when we apply for marriage at
march 18,07 ten days of waiting..However the birthdate of my
husband is march 24 then our date of marriage is april 01.But in
our authenticated secpa the age of my husband is 31 instead of
32.Then I have found out that the marriage license that come out
from the LCR is feb29 yet it state there that my husband age is 31
and 11 months..so the church follow the age without counting
it.Who is liable for this? thanks and Godbless
September 02, 2008 10:56 PM
Anonymous said...
tnx po sa pagreply...kc atty. kasi ung long time frend and neighbor
ko, nasa abroad na, one day while he and his sweetheart were
walking down a stree, nasagasaan ung gurl, later nahospital xa, so
g contact ng rend and neigbor ko ung consul ng philippines dun, to
marry them,so kinasal din sila ng consul,and without the marriage
license(kasi daw at the point of death na)..un valid po ba ang
marriage??proper ba un gnawa ng consul na ikasal sila sa labas
ng kanyang opisina??
September 02, 2008 10:58 PM
Anonymous said...
tnx po sa pagreply...kc atty. kasi ung long time frend and neighbor
ko, nasa abroad na, one day while he and his sweetheart were
walking down a street, nasagasaan ung gurl, later nahospital xa, so
g contact ng frend and neigbor ko ung consul ng philippines dun, to
marry them,so kinasal din sila ng consul,and without the marriage
license(kasi daw at the point of death na)..un valid po ba ang
marriage??proper ba un gnawa ng consul na ikasal sila sa labas
ng kanyang opisina??and tama pala atty. a week or less, namatay
ung gurl..tnx po sa pagreply..
September 02, 2008 11:01 PM
Atty. Gerry T. Galacio said...
A consul retains his official authority whether he is inside or outside
of the consulate. From that, it can be argued that the consul has
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authority to solemnize marriages outside the consulate. However,
the Department of Foreign Affairs may have internal rules or
guidelines on this matter. (A similar situation is that of a judge
solemnizing a marriage; the place must be his sala unless there is
a written request that the wedding be held in another place within
his jurisdiction.)
However it can also be argued that the consul’s jurisdiction is
limited only to Philippine territory, that is within the consulate. It can
be argued that the consul has no jurisdiction therefore to solemnize
the marriage.
The issue of marriage in articulo mortis will depend on whether the
consul has jurisdiction to solemnize marriage outside the
consulate.
The best party you can inquire from on this issue is the Legal
department of the Department of Foreign Affairs.
September 03, 2008 11:01 AM
Atty. Gerry T. Galacio said...
You have to check with the LCR your application for marriage
license. The problems may have originated from there when the
LCR staff was preparing your documents.
September 03, 2008 11:08 AM
Anonymous said...
good evening! i would like to ask something. im a student from
philippines and in our school, we're informed to research about
DIVORCE. we'll going to have debate by tomorrow. and i was
assigned to antidivorce. i would like to ask, what if my opponent
would question me: "if a woman would like to file divorce because
he is maltreated by her husband." what would be the best answer
for it? and here's another one. what if my opponent will ask me"
what if i'm married to the man i dont love because we were forced
by our parents due to the culture we are following and i now would
like to file divorce" what would be the best answer for this? im
hoping for your reply. please do so. reply is really much
appreciated! :)
September 03, 2008 8:01 PM
Atty. Gerry T. Galacio said...
The problem with a debate is you are asked to defend a stand or
position which you may not personally agree with. I discussed my
stand on the issue of divorce and remarriage in this blog (look for
the link in the sidebar) and also in my Salt and Light blog. As to the
issue of divorce and spousal abuse, please read the view of Van
der Lugt of Radio Bible Class ministries. He believes that spousal
abuse is a valid ground for divorce. As to the loss or lack of love
between the parties, that is neither a Biblical ground for divorce nor
a legal basis for declaration of nullity of a marriage.
September 04, 2008 4:09 PM
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Anonymous said...
Hi Atty,
Could this be grounds for Annulment, nullity of marriage or what?
Lets say, if the woman has had an ongoing affair/relationship with
the same person (other than her husbandtobe), from the time she
was engaged until weeks into the marriage. Is this concealment?
Thanks in advance.
September 06, 2008 12:10 AM
Anonymous said...
Dear Sir,
Greetings!
I am currently 5 months pregnant with twins and I am not yet
married.
My husband is out of the country looking for a job to support us
financially.
I am scheduled to give birth on January and I would like my twins
to use their father's surname.
I was informed that it is not possible because we are not married.
It is only possible if we get married or he is around to sign the birth
certificate of our twins.
He cannot afford to go home yet to get married or just go home
because he doesn't have a job yet.
Is there any other way for my twins to use their father's surname??
I would appreciate your response.
Thank you,
Anna
September 07, 2008 10:21 PM
Atty. Gerry T. Galacio said...
The Family Code speaks of concealment of pregnancy (by a man
other than her husband), homosexuality, lesbianism, sexually
transmissible disease found to be incurable, etc. The situation you
described is not one of them. Please also take note that even
adultery by itself does not constitute psychological incapacity.
Please read the FAQ section of www.familymatters.org.ph
September 08, 2008 10:36 AM
Atty. Gerry T. Galacio said...
Anna,
Even if you are not married, your future children will be able to use
their father’s surname under Article 176 as amended by RA 9255.
If the man is able to sign the birth certificate, then automatically his
surname will be used. If he is abroad, then he can execute an
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AUSF (Affidavit to Use Surname of the Father). He can ask the
help of the Philippine embassy or consulate in the country where
he is working for the AUSF. Then he can send the AUSF to you.
September 08, 2008 10:41 AM
Anonymous said...
good day atty Gerry,my query is what will be the possible problem
when the marriage is late registered?, on the part of the woman
what will be the problem encounterd when marriage is late
register,.same is through with the man,,what will be the possible
problem. if the marriage is late registered, what will the woman use
as her surname? thank you and hoping to get a respond from
this,thank you so much..
September 16, 2008 3:51 PM
Anonymous said...
Hi Atty. Galacio, i like to ask kung ano procedure ang dapat gawin
para magamit ng anak ko ang last name ng bf ko, were planning to
get married this year, and hes willing na ibigay ang pangalan nya
sa anak ko. thanks a lot.
September 16, 2008 9:36 PM
Atty. Gerry T. Galacio said...
1. It is the responsibility of the solemnizing officer to submit the
copies of the marriage certificate or contract to the Local Civil
Registrar within fifteen days from the date of the marriage. The
LCR requires the solemnizing officer to submit a notarized
explanation for the delay in the submission.
2. The marriage certificate or contract is not an essential or formal
requisite of marriage under the Family Code. Thus, assuming that
the marriage was legal, the woman can start using her husband’s
surname at once.
September 17, 2008 3:58 PM
Atty. Gerry T. Galacio said...
1. Is your boyfriend the biological father of your child?
Please read my post in this blog entitled “What surname should
illegitimate children use? Problems and issues with RA 9255 and
its implementing guidelines” Look for the link in the sidebar.
If your boyfriend signs the child’s birth certificate or issues an
AUSF (Affidavit to Use the Surname of the Father), then the child
will carry his surname.
OR legitimation may apply in your case if your child was conceived
and born without any legal impediment (obstacle) on your part and
that of your boyfriend. Please read my post on legitimation.
2. If your boyfriend is not the biological father of your child, then a
petition for adoption must be filed by your boyfriend. Please read
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my post on the procedure for adoption (also in this blog).
September 17, 2008 4:09 PM
anonymous said...
igot married at first when i was only 17 june 1993 but we changed
my birth certificate to 18 so we can get married then he left and
when he got back after 1 year we got married again using my
original documents then he left again..and we only saw each other
after 2 years for only 1week it was 1996 for short we never really
lived together as husband and wife and that was the last time i saw
him since he's from chicago,USA..and now i'm living with someone
for bout 4yrs now and we have our kids already..i have been
seperated from my first partner since 1996 which is already 12yrs
now..i filed an annulment 4yrs ago and i just had the result this
year,it was denied by the court for lack of grounds..my present
partner and i wants to get married now?i believe that being
seperated for 12yrs is enough ground for me to have my marriage
annuled?can you please help us..
September 18, 2008 11:53 PM
Atty. Gerry T. Galacio said...
Despite the separation of 12 years between you and your husband,
your marriage is still valid. Please read my post entitled “If husband
and wife have not seen each other for more than seven years,
does it mean that their marriage is already void?”. Look for the link
in the sidebar.
September 22, 2008 9:36 AM
Atty. Gerry T. Galacio said...
Despite the separation of 12 years between you and your husband,
your marriage is still valid. Please read my post entitled “If husband
and wife have not seen each other for more than seven years,
does it mean that their marriage is already void?”. Look for the link
in the sidebar.
September 22, 2008 9:36 AM
Anonymous said...
I married a filipina in the philippines, I am a US citizen. We both live
in the US now, and my wife will soon become a US citizen. Is it
possible for us to get a divorce?
Thanks
September 23, 2008 11:48 AM
creeze said...
gud day atty., can i declare my children as my dependents while
they carry their father's surname( we arent married).
September 23, 2008 12:52 PM
Anonymous said...
my kids father was a married man, he had to furnish a fake
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marriage contract so the children can use his surname and so that
we can show my parents that we were married,we are now
separated, but my problem is i would like to declare my children as
my dependents so i can avail of the tax exemptions, would there be
legal impedements if i submit their birth certificates with the fake
details such as the date and place of marriage of parents,by the
way i declare that im single in my papers such as sss etc. thank
you very much, i am really confused
September 23, 2008 3:55 PM
Atty. Gerry T. Galacio said...
You are an American citizen. That means that even if you got
married here in the Philippines under the provisions of the Family
Code, American law applies to you. Meaning, even if your wife
remains a Filipino citizen, you can divorce her.
Please take note however of the Biblical grounds for divorce and
remarriage. Follow this link: http://saltand
light.blogspot.com/2005/12/divorceandremarriage_26.html
September 24, 2008 1:45 PM
Atty. Gerry T. Galacio said...
creeze,
The use of the father’s surname under Article 176 as amended by
RA 9255 is meant for the benefit of the children so as to erase the
stigma of illegitimacy. Despite the use of the father’s surname
however, the children are still illegitimate.
What you should do is to apply with the DSWD in your town or city
for a solo parent’s ID under Republic Act No. 8972 or the Solo
Parents' Welfare Act of 2000. Once you have your solo parent ID,
then you can use to prove that these children are your dependents.
You will also be able to avail of the benefits given to single parents
like the solo parent leave.
September 26, 2008 5:10 PM
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