Learn more about Annulment of Marriage Based on Psychological Incapacity

[lc1]

[SIZE=3]CRAZY FOR YOU[/SIZE]
[SIZE=3]Annulment of Marriage Based on Psychological Incapacity[/SIZE]

[SIZE=3]Divorce is not legal in the Philippines. But the law has devised a way out for couples who cannot stay together under Article 36 of the Family Code on the ground of a mental state termed as “psychological incapacity”: [/SIZE]

[SIZE=3]“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 E.O. 227).”[/SIZE]

[SIZE=3]Psychological incapacity appears to be a catch-all phrase. It is not susceptible to exact definition, which was the intent of the framers of the law.[/SIZE]

[SIZE=3]“The Committee did not give any examples of psychological incapacity for fear that the giving of examples would limit the applicability of the provision under the principles of ejusdem generis. Rather, the Committee would like the judge to interpret the provision on a case-to-case basis, guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals which, although not binding on the civil courts, may be given persuasive effect since the provision was taken from Canon Law.” SALITA vs. MAGTOLIS, et al,.[G.R. No. 106429. June 13, 1994.] …..[/SIZE]

[SIZE=3]Read on at [/SIZE][SIZE=3]http://thelegallyinclined.wordpress.com[/SIZE][SIZE=3] . Feel free to forward the link to your friends and colleagues. And leave some feedback if you can.[/SIZE]

[heavenn75]

hi! i just wanna inquire regarding annulment. how much will it cost & how long? my friend is planning to file. thanks!

[beereo]

Based on the book of the late Justice Paras, "psychological incapacity" is the condition of a person who does not have the mind, will, and heart for the performance of marital obligations. Even if the incapacity to comply with the essential marital obligations, as set forth in Art. 68 of our Family Code, manifests
after the solemnization of the marriage it could still be considered void. by virtue of Art. 36 of the aforementioned Code.

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

[beereo]

hi! i just wanna inquire regarding annulment. how much will it cost & how long? my friend is planning to file. thanks!

It will cost about more than one-hundred thousand pesos considering the payment of attorney's fees, fees of a duly recognized psychiatrist including court and filing fees. The parties involved (spouses) will only subject themselves to a tedious court proceeding that will go all the way up to the Supreme Court if one of the parties' lawyer wishes to assail the decision of lower
courts. Not only that, the childrens' state of of mind and opinion about a functional family will be greatly jeopardized.

[ghosthunter]

hi! i just wanna inquire regarding annulment. how much will it cost & how long? my friend is planning to file. thanks!

The cost depends but it would vary from 150K to 250K.

The length of the process would take 8 months to a year.

The funny thing, although divorce is illegal in the Philippines, you can see so many marital annulment cases in the posted daily court schedules.

[ThePatriarch]

The cost depends but it would vary from 150K to 250K.

The length of the process would take 8 months to a year.

The funny thing, although divorce is illegal in the Philippines, you can see so many marital annulment cases in the posted daily court schedules.

Accurate ang figures mo bro...

To the thread starter, just be sure your friend consults/engages a reputable lawyer. There are some cases wherein the lawyer overcharges the client by imposing 'miscellaneous' fees other than what is agreed upon. Good luck!

[compact]

The funny thing, although divorce is illegal in the Philippines, you can see so many marital annulment cases in the posted daily court schedules.

true. divorce is not allowed in the Philippines but there is annulment which by the way is not limited only to psychological incapacity who have the same effect as divorce.

same dog different collar.

[ghosthunter]

true. divorce is not allowed in the Philippines but there is annulment which by the way is not limited only to psychological incapacity who have the same effect as divorce.

same dog different collar.

Same dog... but costs much much more than it should and takes too much time from start to conclusion. Just another thing to show that it's only the ones with the money that can get their way with the screwed up local system of laws we have in the Philippines.

[compact]

i can recall vividly our family code professor saying that annulment was the framers way to please the church because they strongly opposed divorce.

[jvdejesus05]

r der any other grounds for a couple to be annulled?

[compact]

Annulment of voidable marriages.

Annulment of voidable marriage based on any of the grounds under article 45 of the Family Code and within the period herein indicated, as well as who will apply.


" (1) The contracting party whose parent, or guardian, or person exercising substitute parental authority did not give his or her consent, within five years after attaining the age of twenty-one unless, after attaining the age of twenty-one, such party freely cohabitated with the other as husband or wife; or the parent, guardian or person having legal charge of the contracting party , at any time before such party has reached the age of twenty-one;

(2) The sane spouse who had no knowledge of the other’s insanity; or by any relative, guardian, or person having legal charge of the insane, at any time before the death of either party; or by the insane spouse during the a lucid interval or after regaining sanity, provided that the petitioner , after coming to reason, has not freely cohabited with the other as husband or wife;

(3) The injured party whose consent was obtained by fraud, within five years after the discovery of the fraud, provided that said party, with full knowledge of the facts constituting the fraud, has not freely cohabited with the other as husband or wife;

(4) The injured party whose consent was obtained by force, intimidation, or undue influence, within five years from the time the force intimidation, or undue influence disappeared or ceased, provided that the force, intimidation, or undue influence having disappeared or ceased, said party has not thereafter freely cohabited with the other as husband or wife;

(5) The injured party where the other spouse is physically incapable of consummating the marriage with the other and such incapability continues and appears to be incurable, within five years after the celebration of marriage; and

(6) Te injured party where the other party was afflicted with a ***ually-transmissible disease found to be serious and appears to be incurable, within five years after the celebration of marriage."

hindi ako marunong mag quote ng copy paste.hehehe, patulong na lang.

[jvdejesus05]

pano po ba magprocess ng annullment and mga how much aabutin if ever?

[ghosthunter]

pano po ba magprocess ng annullment and mga how much aabutin if ever?

I think that part of your question was already answered.

Process? Get a lawyer and he'll explain everything.

[mark_t]

Paano kaya yon alam ko na case where lalaki pala yon asawa nya.
meron palang totoong bakla, hindi ko lang alam kung nailabas na medical
report, mukhang babae me vagina, walang uterus. nalaman lang after tanggalan ng mass. Yon tissue sample na submit for patho lumabas na balls, akala nagkaroon ng switching after investigation positive talaga na walang switching.

Ano kaya mangyayari doon, siguro void from the start since walang same ***
marriage dito.

[Lucius]

pano po ba magprocess ng annullment and mga how much aabutin if ever?

Sa gov.ph yata maganda mag-tanong nyan hahahahaha besides, walang makakapagsabi talaga ng expenses if ever, yung lawyer mismo magsasabi nyan. Depende pa sa caliber nya yun. Tulad nung isa kong nagmamagaling na chic, patanong tanong pa sya kung magkano daw ba yung lawyer friend ng mommy ko kung naga-accept daw ba ng "pro bono" (nagmamagaling kasi, kung alam nyo yung pro bono yun yung pang mahirap yung walang capacity to pay eh junior manager na sya) so yun. Hindi dinidiscuss mga ganyan dito. Better approach someone that practices law.

[_Cathy_]

Paano kaya yon alam ko na case where lalaki pala yon asawa nya.
meron palang totoong bakla, hindi ko lang alam kung nailabas na medical
report, mukhang babae me vagina, walang uterus. nalaman lang after tanggalan ng mass. Yon tissue sample na submit for patho lumabas na balls, akala nagkaroon ng switching after investigation positive talaga na walang switching.

Ano kaya mangyayari doon, siguro void from the start since walang same ***
marriage dito.

Wow! That is just pure deception on the part of the "wife" :puke: I wonder what excuse the "wife" made up as to why they couldn't have a child. That's what's so scary about today's technology. You couldn't even physically distinguish a real woman from a transvestite (?).

[uls]

aba, baket dami dito interested sa annulment?

[mark_t]

Wow! That is just pure deception on the part of the "wife" :puke: I wonder what excuse the "wife" made up as to why they couldn't have a child. That's what's so scary about today's technology. You couldn't even physically distinguish a real woman from a transvestite (?).

The "wife" also did not know na male sya, actually freak of nature. Parang 3 per million of the population ata ang case na ito. Talagang bakla in the true form.

Babae talaga ang itsura. Anyway pa confirm nyo na lang sa mga ob na kilala nyo. baka mademanda tayo. e discuss siguro yan sa next na convention ng mga OB. sa hospital sa loob ng intramuros ata itong case na ito.

[_Cathy_]

Oh I thought post op trans***ual.

I think imbestigador did a feature on cases like that. Individuals with both male and female "features".

[jcubos]

Good Afternoon or whatever time it may be in the Philippines,

My name is SGT James Cubos of the US Army National Guard. Born in the philippines and grew up in California since my arrival in 1986. Currently my dillema is I have a long distance relationship out in Tondo Manila, whereas I was also born. I've known and courted a single mother for over 3yrs now and have researched on my end the procedures for a fiancee visa however there is one major block. She is still legaly married from an abusive and cheating husband, that's how I've gotten to know her July 2005. Sir, mind you I haven't much funding as the Army doesn't pay much either so I'm looking for financing. I already know the range of annulment costs as well as the time frame. I plan to come home for the first time by October 2008 to finally meet her as that is part of the requirement in fiancee visa procedures. I'll handle the fiancee procedures on my end, however I need to find an affordable and distinguished annulment lawyer in helping me out on her end. Please email me in how you think of helping me out. I'm 35 divorced and no kids, she has one beautiful child just turned 4yrs old. I've known them even before she turned 1. I thank you for your time in reading my message...