Annulment Procedures

[simplelife]

Last month my lawyer told me that it would be the last hearing for my annulment case and infront of me the Fiscal ordered that the summary memorundum should be submitted within five working days. So I was relieved that finally after years of agony, stress and expenses finally I will just wait for the decision. Of course my lawyer told me that an X sum of money will be helpful to speed up the decision making, so I did. And they promised me that I will get the result very soon.

Today I got text message from my lawyer saying that I have to attend the hearing tomorrow morning.! I asked him why then he did not inform me earlier, telling me today that I have to attend the hearing tomorrow morning, it will be impossible for me to go as I have other commitments.

I am just wondered if anyone here who had their annulment before and gone through same experienced. I just wondered why did he set another hearing where as last month the court already ordered for the summary memorundum. I have read the some articles about annulment procedures and according to those articles that after all the evidence and witnesses presented the court will have 90 days to issue the decision.

I got annoyed and have a big doubt that my lawyer and the fiscal agreed and just wanted to milk me. I mean just to get more money!!!

Oh my gosh!! I am so disappointed!! So I told my lawyer that I will not be able to come for the hearing tomorrow morning. We`ll see what happens.

Any opinions about this will be appreciated, thanks a lot.

[Mrs.JMajor]

What is that hearing for ? w/ my experience i attend 4x for the whole process,
(1)preliminary
(2) my testimony
(3)my witness
(4) my psychiatrist doctor
thats all

mine was done RTC PASAY,
and u need to appear there
About milking issue,it isn't a package deal from your lawyer?i paid mine 120,000 (done 9 months) all in all and every hearing he ask 20k and then until i paid the total of 120k

P.S if you eager to finish it asap,u must know what is that hearing for and prioritize it rather than other appointment you plan

[simplelife]

What is that hearing for ? w/ my experience i attend 4x for the whole process,
(1)preliminary
(2) my testimony
(3)my witness
(4) my psychiatrist doctor
thats all

mine was done RTC PASAY,
and u need to appear there
About milking issue,it isn't a package deal from your lawyer?i paid mine 120,000 (done 9 months) all in all and every hearing he ask 20k and then until i paid the total of 120k

P.S if you eager to finish it asap,u must know what is that hearing for and prioritize it rather than other appointment you plan

Thanks Mrs. J Major for your reply.
I just got a message from my lawyer , he said that the hearing is for the government presentation of evidence.

Early this month I asked for the certification of status of the case and this is what state in the certification given by the clerk of the court;

This is to certify that xxxx case no. 12345 is now pending before this court . The petitioner has already testified and presented her two witnesses xxxxx and xxxxx. On xxxx ,2008 petitioner has already formally offered her testimonial, evidence and documentary and the same is now submitted for the resolution. Thereafter, the above -entitled case shall be deemed submitted for decision.

Thats why I wondered why all of a sudden they set for another hearing. It is confusing as I do not trust my lawyer anymore because he lied to me several times. According to the stenographer it was my lawyer who requested for another hearing.
Anyway, he said it is no problem if I can not attend the hearing tomorrow as he will stand in my behalf.

About the fee, I already gave him the package deal the sum of xxxxxx aside from xxxx for apperance fee everytime we have hearings.

[mavid]

That's quite weird Simplelife. As you know we are basically in the same situation and status regarding the Annulment... Have you asked your lawyer what the hearing is for?

I found this: Procedure for Annulment

1. Petitioner files a Petition for Annulment of Marriage before the Office of the Executive Clerk of Court of the Regional Court

2. The Office of Executive Clerk of Court schedules the raffling of the Petition for assignment of the case to the Family Court of the Regional Trial Court

3. The Clerk of Court of the Regional Trial Court assigned in the case issues Summons to the respondent spouse

4. Respondent spouse files his/her Answer to the Petition

5. Referral of the case for case study to a social worker (optional)

6. The Court sets the case for Pre- Trial conference

7. Pre-Trial Conference

8. Referral to the Mediator (optional)

9. Termination of Pre-Trial Conference and Pre-Trial Order

10. Trial Proper

11. Submission of Memoranda

12. Decision

13. Motion for Reconsideration

14. Appeal

16. Finality of the Decision

17. Issuance of the Decree of Annulment

I can't see any step after Submission of Memoranda stating you should attend another hearing.

I went to court today and the judge has my papers now deciding on it or maybe staring on it because it has taken almost 10 months just to make a bloody decision.

[simplelife]

That's quite weird Simplelife. As you know we are basically in the same situation and status regarding the Annulment... Have you asked your lawyer what the hearing is for?

I found this: Procedure for Annulment

1. Petitioner files a Petition for Annulment of Marriage before the Office of the Executive Clerk of Court of the Regional Court

2. The Office of Executive Clerk of Court schedules the raffling of the Petition for assignment of the case to the Family Court of the Regional Trial Court

3. The Clerk of Court of the Regional Trial Court assigned in the case issues Summons to the respondent spouse

4. Respondent spouse files his/her Answer to the Petition

5. Referral of the case for case study to a social worker (optional)

6. The Court sets the case for Pre- Trial conference

7. Pre-Trial Conference

8. Referral to the Mediator (optional)

9. Termination of Pre-Trial Conference and Pre-Trial Order

10. Trial Proper

11. Submission of Memoranda

12. Decision

13. Motion for Reconsideration

14. Appeal

16. Finality of the Decision

17. Issuance of the Decree of Annulment

I can't see any step after Submission of Memoranda stating you should attend another hearing.

I went to court today and the judge has my papers now deciding on it or maybe staring on it because it has taken almost 10 months just to make a bloody decision.

Thanks Mavid,
Yes it is the same informations I gathered from my friend`s lawyer. It is really strange.
Anyway, we`ll see what he is going to say tomorrow after that said hearing.

[simplelife]

I went to court today and the judge has my papers now deciding on it or maybe staring on it because it has taken almost 10 months just to make a bloody decision.

Goodluck to us Mavid, I do hope we get the result we ve been waiting for...

Thank you so much, knowing youre there I feel I m not alone on this battleship.

[Mrs.JMajor]

Ok lol back on posting So what do u mean by not trusting your lawyer anymore,u cant run away from him anymore since u said u already paid him as package deal,all you have to do now is wait the court decision, and it will take 3 to 4 months (can be as 90 days you are mentioning)
Do u mind if i ask where did u file the annulment case,u don't need to say the exact place,just the City will do......

[mavid]

I am keeping both my fingers & toes crossed for us Simplelife lol

You're welcome, and thank you too...same here, it does relieve some of the stress if you know someone is experiencing the same thing...knowing that you are not alone.

[Mrs.JMajor]

Wish u both Good luck simplelife and Mavid,i been there 2 months ago,its really make us stress knowing we cant marry the one we love,
Simplelife,it sounds u are paying him every appearance, so no wonder every hearing he wants you there to pay his appearance

[simplelife]

Wish u both Good luck simplelife and Mavid,i been there 2 months ago,its really make us stress knowing we cant marry the one we love,
Simplelife,it sounds u are paying him every appearance, so no wonder every hearing he wants you there to pay his appearance

Thanks Mrs.J Major.

Yes I pay his appearance fee everytime we have hearing, even the hearing was cancelled, because that was not included in the package deal. I truly regret that I trusted him, it was too late when I found out from this forum that there are a lot good lawyers who can help me.

For the last 3 months they set schedule for my hearing almost every two weeks as 4 times the schedule was postponed due to some reasons like, lack of time, the fiscal has sorethroat, the Judge was in the conference, the Fiscal was ill. Take note 4 times I paid his appearance fee even no progress

It was really stressful, one time we have to wait for 3 hours outside the court because they have to deal first those criminal cases and by the time they call us it was already lunch break so they reset the hearing again

Thats why lucky are those who got a reliable lawyer like one of my close friend, her annulment done in 10 months time, no appearance, and she only spent 150T. I was really disappointed coz I filed my case more than two years now and her annulment just filed early this year.

Anyway, Im hoping that my lawyer will have a good news today.

[simplelife]

Thanks Mavid.

[ANDRES25]

OH MY, I didn't know annulment can be this expensive! Good luck Simplelife!

[simplelife]

OH MY, I didn't know annulment can be this expensive! Good luck Simplelife!

Thanks Mrs. O Farrell