Annulment..

[minicarph]

My wife and I are married under a judge. Both of us are RC. hehe

Walang batas na bawal magkasal judge/mayor etc. ng mga tao na may specific religious affiliations. Bawal sa Bill of rights yun ng Constituion, Freedom of Religion.

Ang provblema di ka nakatikim ng sacrament of matrimony, parang communion, confession ganun

Tapos malaman mo pag 10 years na kayo, yun judge nagkasal senyo nasampahan sa sandigan, kasi humingi ng lupa In favour of judgment. Kinda makes you think what your marriage is based onto

[5000rpm]

If we did decide to push through with church annulment, is the diocese in cubao the only place to do it?

[Juan Martinez]

If we did decide to push through with church annulment, is the diocese in cubao the only place to do it?

to be sure, you better go to the diocese in cubao and inquire, not in tsikot. this is a car forum. most members here can only speculate.

anyhow, there is a matrimonial tribunal at the level of the diocese. it's decision is to be reviewed by the national appellate matrimonial tribunal.

[teukie]

Marriage is supposed to be a lifetime commitment. If you want out, you should not do it again. Once should be enough to learn the hard lessons. But this is just my personal view.

Shine the light

[dr. d]

Marriage is supposed to be a lifetime commitment. If you want out, you should not do it again. Once should be enough to learn the hard lessons. But this is just my personal view.

Shine the light

if the reason was "psychological incapacity" on one's part, then i would agree with you.
heh heh.

[teukie]

if the reason was "psychological incapacity" on one's part, then i would agree with you.
heh heh.

But isn't psychological capacity the most common reason for annulment? We should make neuro exam a pre-requisite for marriage.

Shine the light

[teukie]

Edit: Neuro-psychiatric exam...

Apologies, I don't know how to edit my post.

But isn't psychological capacity the most common reason for annulment? We should make neuro exam a pre-requisite for marriage.

Shine the light

Shine the light

[BratPAQ]

Marriage is supposed to be a lifetime commitment. If you want out, you should not do it again. Once should be enough to learn the hard lessons. But this is just my personal view.

Shine the light

but the topic here is annulment. annulment is like declaring the previous wedding shouldn't have happened, declaring it null and void. so technically you are not going "out" of anything since you are never "in" to begin with.

[Ry_Tower]

but the topic here is annulment. annulment is like declaring the previous wedding shouldn't have happened, declaring it null and void. so technically you are not going "out" of anything since you are never "in" to begin with.

I agree, this is the correct way to view it.

Kaya kung psychological incapacity nga ang reason why the marriage will be annulled, abay yung guilty party dapat bawal na nga mag-asawa ulit. Lokohan naman kung biglang pwede na ulit. Hehe

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[sean-archer]

I agree, this is the correct way to view it.

Kaya kung psychological incapacity nga ang reason why the marriage will be annulled, abay yung guilty party dapat bawal na nga mag-asawa ulit. Lokohan naman kung biglang pwede na ulit. Hehe

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You may be psychologically incapacitated with one spouse, but not to another.



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[dr. d]

But isn't psychological capacity the most common reason for annulment?

Shine the light

probably because it is the more nebulous reason.

[sean-archer]

but the topic here is annulment. annulment is like declaring the previous wedding shouldn't have happened, declaring it null and void. so technically you are not going "out" of anything since you are never "in" to begin with.

I'm no lawyer but I think there are 2 kinds, one is what you mentioned, and the other, marriage actually happened and is valid, then you wanna nullify it for a reason.

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[teukie]

I agree, this is the correct way to view it.

Kaya kung psychological incapacity nga ang reason why the marriage will be annulled, abay yung guilty party dapat bawal na nga mag-asawa ulit. Lokohan naman kung biglang pwede na ulit. Hehe

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I could have said it better this way. Thank you mate.

Shine the light

[Ry_Tower]

I could have said it better this way. Thank you mate.

Shine the light

Tignan mo naman kasi ang paggawa ng case if Psych. Incap. ang grounds mo. Ang hirap patunayan tapos mental issue ito na existing pa dapat when the marriage was contracted. Eh di kung sakit yan dapat prove muna na gumaling na bago pwede pakasal ang guilty party diba. hehe

''Among the grounds for annulment of marriage, psychological incapacity is the more (if not the most) commonly used. It is also one of the more controversial provisions of the Family Code (Article 36). The guidelines (shortened here) in the interpretation and application of Article 36 were handed down by the Supreme Court in the Republic vs CA & Molina case:

1. The plaintiff (the spouse who filed the petition in court) has burden of showing the nullity of the marriage. Our laws cherish the validity of marriage and unity of the family, so any doubt is resolved in favor of the existence/continuation of the marriage.

2. The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological – not physical, although its manifestations and/or symptoms may be physical. Expert evidence may be given by qualified psychiatrists and clinical psychologists.

3. The incapacity must be proven to be existing at “the time of the celebration” of the marriage. The evidence must show that the illness was existing when the parties exchanged their “I do’s.” The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto.

4. Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same ***. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job.

5. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, “mild characteriological peculiarities, mood changes, occasional emotional outbursts” cannot be accepted as root causes.

6. The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision.

7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.

8. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. - Guidelines in Psychological Incapacity (Article 36, Family Code) | Philippine e-Legal Forum''

[Walter]

If both of you are Catholics, the Catholic church does not allow their priests to officiate a wedding outside of a church/chapel.

Except for some very well connected people ...

[Ry_Tower]

You may be psychologically incapacitated with one spouse, but not to another.



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It's not possible. Kapag sakit ba namimili din ng partner? No diba. Psych Incap is a mental disease in a way, cannot fulfill the essential marital obligations.

[Juan Martinez]

You may be psychologically incapacitated with one spouse, but not to another.



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i agree. the psychological incapacity pertains to the inability of either spouse to comply the essential marital obligations under article 68 of the family code--

Art. 68.The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.

psychological incapacity is found under article 36 of the family code, but it is not a ground for annulment. if the other spouse is psychologically incapacitated to comply the essential marital obligations, the case to be filed is NOT petition for annulment but PETITION FOR DECLARATION OF NULLITY OF MARRIAGE. the reason for this is that, the marriage contracted by one who is psychologically incapacitated is void from the beginning.

whereas, in annulment, the marriage is VALID until annulled or what we call VOIDABLE marriage.

the following are voidable marriages, and, hence, subject for petition for annulment--

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 twenty-one, 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 twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a ***ually-transmissible disease found to be serious and appears to be incurable. (85a)

the following are VOID marriages; hence, subject for petition for declaration of nullity:

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;

(3) Those solemnized without license, except those covered the preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.

Art. 36.A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)

Art. 37.Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)

Art. 38.The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted child;

(6) Between the surviving spouse of the adopted child and the adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. (82)

[minicarph]

diba pag di tinatayuan ground for annulment, physiological incapacity

[sean-archer]

It's not possible. Kapag sakit ba namimili din ng partner? No diba. Psych Incap is a mental disease in a way, cannot fulfill the essential marital obligations.

Pre hindi gaya ng sipon ang psychological incapacity, absolute ang sipon, sinuman ka harap mo, pag may sipon ka, may sipon ka talaga.

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[minicarph]

lahat naman ng babae may mental illness, in one way or another, talagang ang labo nila magisip, pati mag-drive