You should not discuss your case openly. The Solicitor General night read it and would contest it. They can oppose and it is known that they had done it. A month and a half proceedings is highly irregular which would have involved the judge, prosecutor, court staff and your lawyer. They could all face administrative as well as criminal cases once it will be known.Originally Posted by dee
Can't imagine how you could fit all the annulment procedures in that span of time unless otherwise you have paid a lot of money including under the table ones.
Definitely true.....You should refrain from broadcasting this because that is a criminal offense. Everyone that filed for an annulment in the Phils has paid huge amount and had waited for the proper proceedings. The Solicitor General can contest it and once that happens your case will be forwarded to the Higher Court which is a lenghty procedure again.
" The people who mean something to your life are not rated "the best" don't have the most money, haven't won the greatest prizes....
They are the ones who care about you, take care of you, those who, no matter what, stay close by... "
Very good post and replies from people been through to annulment cases Mavid,Itsme_iye and at your service
Actually i doubt your post dee
I formed an opinion when I first read Dee's post .... I smell an attempted scam!
ANNULMENT CASE (based on Psychological Incapacity) GUIDE:
1. File the Complaint.
2. Complaint will be served to the defendant, and an ORDER for him/her to file his/her ANSWER.
3. If there is no answer from the defendant in within 15 days, the court will order the prosecutor to conduct an investigation that there is no-collusion between the parties.
4. If the prosecutor submits the Certification of No-Collusion, the court will schedule a Preliminary Conference.
5. During the Preliminary Conference, the Pre-Trial date and the trial dates will be scheduled. Trial dates will depend on how many witnesses will be presented.
6. After the conclusion of the hearings, it will be submitted for decision.
7. Upon the release of the Decision, it must be received by the Solicitor -General.
8. After 30 days from receipt of the Decision by the SOL-GEN, the Decision becomes final!
DURATION: 6 months (in courts with lesser case loads) to up to 2 years. Thus, in filling a case, always consider the venue where the case should be filed.
One and a half month of annulment case is not normal.
There you go.......
You have been told......
And I believe that it could take even longer.
So, folks, don't make yourself any illusions and assume that you can speedily obtain an annulment in the Phils because it ain't the case....
I presume that a brown envelope in the right hands, from time to time, might help the cause, but I wouldn't hold my breath.
If the person in question obtained one in a month and half it could be well dodgy and and not properly recognised by the courts.
Recently entered into this process , Angie has paid the first 25000 0f a fixed fee of 50000 to her lawer (who is also a city councillor apparently well known for his helping poor people get their annulments in about a year) this does not include the shrinks fee.
My personal view is that I dont have a time limit and am taking a very backseat position in the process realy just having given her the confidence to use her own money to start the ball rolling I will give updates from time to time to let you all know what the process is as I get them
Absit invidia
DISCLAIMER: The information hereinabove may or may not be entirely accurate, relevant, forthright, verifiable, or coherent. KeithAngel, who shall herein be refered to as the 'Shining Beacon of Light', reserves the right to neither confirm, deny, justify, explain, or otherwise acknowledge any inquiry in regards to the validity, genuinity, construction, intent, and/or motive of any statements, gestures, and/or actions whether real, imagined, or transdimensional in origin. Further, the 'Shining Beacon of Light' shall be absolved of any and all legal, moral, and financial responsibilities for damages to life, limb, character, reputation, property, and/or business resulting from the usage, assimilation, incorporation, replication, and/or distribution of said statements whether partial, complete, misquoted, or imagined. This disclaimer remains in effect despite any discrepancies or claims as to its legibility, comprehension, interpretation, subliminal suggestiveness, political affiliation, legality, visibility, and/or physical presence
hi dee
just want to ask where did you filed your annulment.maybe you can recommend me to your lawyer?and how much did it costs you?thanks in advance
If you read this thread you will see that people doubted what Dee said, and she hasn't been seen since. If she does re-appear and give you details just be careful before handing over any money.
Hello,
I processed my annulment in Tagum a couple of years ago and took about 3months, a case based on presumptive death with no contact for 12 years.
The things I would recommend are:-
1. Get a attorney based on recommendation
2. Fix a price for completion of annulment up front
3. The speed of this process depends on how proactive you attorney wants to be with filing your case... and his professional contacts, to speed up your application. I am NOT suggesting undertable payments or fixers!... but just good management, and knowledge of how the system works.
The most important thing is to have a good relationship with your attorney.. and keep on top of what is going on. If you have a gut feeling you don't trust your attorney... probably best find another one!
Presumptive death is not the same as an annulment. After an annulment you are regarded as single, as if you had never been married. Whereas the term presumptive death actually means presumptive death for the purposes of re-marriage. This means that if your ex-husband turns up later and goes to court to contest the order of presumptive death, then you will be regarded as still legally married to him and your subsequent marriage will be seen as null and void as far as Philippines law is concerned.
If you are marrying a Brit and coming to live in the UK, it doesn't really matter too much because your subsequent marriage will still be recognised as legal in the UK regardless of anything that happens in the Philippines.
Iain.
IAINBUSBY is correct and i'm impressed with his knowledge in Philippine laws.
Petition for Presumptive Death is for the sole purpose of contracting the marriage. The petition is a summary proceeding as provided in the Civil Code. However, the decision is without prejudice to the effect of a reappearance of the absent spouse.
The case being a summary proceedings does not require the rigors of a trial, just like annulment of marriage.
My wife was given a different view from her attorney at the time.. now with my wifes status legaly changed at the NSO, not too concerned if her ex reappears after 12 years missing, abandonment of the children she would welcome her day in court
Been there, done that, and I'm still wearing the tee-shirt.
Hi mikemike.
My wife is from Manila and we applied her annulment in Feb 2008 and got the decision from the judge in August 2008. It then took about 6 more weeks to register the decision with the authorities....NSO etc.
We looked around for an attourney and were quoted figures from 100,000 pesos upwards. But the cheaper ones want all of the money up front. That just made me think that when they have your money your case will then go onto their back burner.
Anyway the attourney we used was called Jeannie Pulido. She has a website and her office is in Malate. She was 100% trustworty and reliable. She answered every one of my many emails often within hours of me sending them!! and she also gave me and my wife her mobile number.
It cost me 200,000 pesos fixed price inclusive of everything. I paid 100,000 up front then 50,000 after the pre-trial then the final 50,000 after we got the decision. Our case was quite simple because my wife`s marriage had no marriage license. Psycological incapacity cases can take longer. But if the Husband will not be contesting then maybe not so much longer.
This is all hearsay, but I have heard that the whole process is much quicker if you file for annulment in Cotobato - apparently the court there is not as busy as many other places in Phils. I have heard of an annulment being obtained there in just two months.
hello gemini, im jenny from the philippines, can you also please give me the number of that lawyer in davao. cause i really want my marriage to be annul.i really appreciate if you could help me.. plzzzzz... thnk you..
Hello Mike!
The question on jurisdiction as to where to file the annulment is based on the residence address of the petitioner (your girlfriend in this case). Per previous inquiry from some lawyers, annulment in the Philippines does not usually take long now maybe a maximum of 6mos but you really have to prepare thousand of pesos (starts at P150,000 maybe depending on the lawyer). In case of opting to file the petition for annulment in a place outside the residence of your fiancee, just make sure that you have an address to use. Anyway, i will try my very best to get an answer from some lawyers. I hope my bosses wont charge me...LOL
Sorry for this, but i missed the date. I think my posting is no longer needed...sincerest apologies.
hi,
just been reading the threads, based from my personal experience it took me 11 mos. i filled it in manila regional trial court and costed me almost 100k. if your gf is living in manila and would not want to spend a lot i suggest she consider going to public attorneys office in manila. the first 2 lawyers who handled my annulment case saw pounds sign as soon as they heard my foreign sounding surname so i fired them but they have already bagged some money from me. the third one who is from manila's public attorneys office didn't even asked any money whatsoever. he was so helpful, it went really smoothly because my ex didn't showed up as he was a coward and he was so afraid of being prosecuted. good luck and let me know if she needs some assistance. i hope i can be of help.
by the way my case is void marriage from the beginning meaning my ex was already married when he married me.
The public attorney's office (PAO) handle cases for our indigent kababayans, because their services are absolutely free. The normal procedure for PAO lawyers is to determine if a client is indigent, meaning receiving a monthly income of P12,000. In my experience, PAO would accept annulment cases if it is based on bigamous marriage etc., but not based on psychological incapacity. Because if your ground is psychological incapacity, it presupposes that you can pay the services of a psychiatrist.
Anyway, let free PAO lawyers for the indigent.
Hi Family Lawyer, I know you had some knowledge in some cases, how ever can you enlighten us with this case, how and what case is appropriate for her, here..http://filipinaroses.com/showthread.php?t=16741
Her option is annulment. It would take her two years if the case is filed in a place were the case load is great. One year is the norm, but in some places it is only 6 months.
She can file it from abroad, that is by bringing the COMPLAINT FOR ANNULMENT, already prepared by her lawyer at the Philippine Embassy be notarized by a consul. Then send it back to the Philippines where the lawyer can file it in court. She should likewise a Special Power of Attorney for a relative or her lawyer to represent her in court so that she may not attend all the trial dates. However, her appearance is needed if its her time to testify. We tried to take the testimony of client in Canada through deposition to be conducted by a consul, but the process is more expensive that the plane ticket. But it is possible.
Get an honest lawyer, who will explain everything, lay all the requirements and expenses. Who needs a good lawyer anyway if he will be the cause of delays!
Thank you po for that, hoping she will read your post or I will qoute you to her thread, thanks
Unfortunately, it isn't the case now. The Supreme Court had seen the volume of so many annulment cases being granted in Cotabato and has now been very watchful on the cases being tried there.
You are correct. To enter into an invalid marriage simply to have a fancy church wedding because of reasons of convenience is sinful and betrays a lack of good judgment. It can also give scandal to those who are not knowledgeable in their Catholic faith.
Thanks for the post, do you know how long the process is likely to be in Cagayan De Oro, Mindanao at the moment, my gf lives in the city, so does her ex
LV
Hi Mike,
You will need a good size wallet and be willing to grease a few skids in order to move things along more quickly.
bystander
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