your legal problems here

[Juan Martinez]

I don't see any personal benefits from your answer, as this happened many years ago, but it might be useful to other members here who are or who might encounter a similar scenario.

i'd rather not answer queries which are hypothetical. if it doesn't benefit you, let us leave it at that.

this may sound hackneyed, but let us cross the bridge when we'll get there.

[Archerfish]

file a petition for declaration of nullity of their void marriage. it is expensive. children conceived and born during that void marriage are illegitimate. then, marry again. children born during the subsequent valid marriage are legitimate.

by law, illegitimate children shall receive only one-half by way of inheritance of what the legitimate children will receive.

now we have two sets of children of the same parents here who won't receive equal shares from the latter. that's unfair.

If I may take the advantage again, what can be the repercussions​ if they just leave it like this? Both sides​ of the immediate families have accepted them so they aren't worried about being​ separated​, but who knows. The concern now I think is that if a distant relative should make a claim to their children's inheritance, no matter how small it is.

Another scenario I brought up is what if one of them kicks the bucket. What will happen to their small property left to the other spouse when someone from their family claims it because "You have no right since you are 'not married' to my nephew".

A "small property" is somewhat relative. A 120 square meter lot is very small compared to some who has one hectare. However, this is big to someone who has no land or to a greedy person.

[Archerfish]

i'd rather not answer queries which are hypothetical. if it doesn't benefit you, let us leave it at that.

this may sound hackneyed, but let us cross the bridge when we'll get there.

Yes I understand, thank you. I was discussing this with my kids together with my wife as I have the impression that it's alright for them the way our government is dealing with those involved in drugs. So I told them this story that I experienced and asked them the same question, what would have happened in that case?

I just don't know how to explain that we have the rule of law. We cannot simply punish anyone without going to the proper procedure.

So I've heard that it's better for a criminal to let loose than an innocent to be punished, or to put in jail, something like that.

Again, thank you for your time.

[RavenBlack]

What are the options available if an annulment was denied with finality? I remember the case of Amy Perez wherein her annulment was denied by SC around mid 2000s, but she was able to remarry 2016 or 2017. Thanks.

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[Ry_Tower]

If they can get just one to counter your claim then you have a problem theoritically.

That poses a problem, what if they want me inside? Perhaps a make up story, that I am about to try it but the police already came.

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[Ry_Tower]

What are the options available if an annulment was denied with finality? I remember the case of Amy Perez wherein her annulment was denied by SC around mid 2000s, but she was able to remarry 2016 or 2017. Thanks.

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Oo nga. Curious din ako sa case na yan. Una hindi tinanggap na may psychological incapacity husband niya na anak ba ni mel tiangco yun?

Tapos naka-remarry pa din later.

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[RavenBlack]

Si Wency anak ni Mel Tiangco. Brix Ferraris yata yung husband nya.

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[shadow]

Oo nga. Curious din ako sa case na yan. Una hindi tinanggap na may psychological incapacity husband niya na anak ba ni mel tiangco yun?

Tapos naka-remarry pa din later.

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Hinde anak ni Mel tiangco Asawa Niya Yun singer din pero maitim nakalikutam ko name and nun band.


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[Archerfish]

If they can get just one to counter your claim then you have a problem theoritically.

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Thanks! If I may digress, just an update about one of my classmates. He was rehabilitated, then really started a new life. He now has a family of his own and works somewhere in the Middle East as a quality control engineer. He makes time to see me everytime he goes home. I don't​ know why but he considers me to be instrumental in his change of life.

Perhaps because he felt that I was there during the lowest part of his life. I remember back then when his mother went all the way from their house just to ask me to look for him considering that we were four towns away from each other. My wife was a bit worried as I might be in trouble while we were looking for him.

How I remember whenever they'll make fun of me because of our age gap, as I am older than them by ten years or so. I studied late in college, that's why. The other guy, the last I've heard of was that he is the engineer in charge for Westin Philippine Plaza. Well, those were the days.

[Ry_Tower]

Si Wency anak ni Mel Tiangco. Brix Ferraris yata yung husband nya.

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Oo nga pala. Original singer ng south border. Hehe

2014 pala daw nakakuha ng annulment si Amy kaya nakapagpakasal although wala ako makitang court decision eh. Bakit kaya? Yung 2006 SC decision meron sa net.

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[Juan Martinez]

What are the options available if an annulment was denied with finality? I remember the case of Amy Perez wherein her annulment was denied by SC around mid 2000s, but she was able to remarry 2016 or 2017. Thanks.

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in 2006, the high court denied amy perez' petition for nullity of her marriage with brix ferraris. her petition is grounded on psychological incapacity of ferraris to comply with the essential requisites of marriage under section 68 of the family code.

however, reports had it that her marriage with ferraris was dissolved in january 2013 although no details as to what grounds it was dissolved and which court that dissolved it.

take note that records of petitions for nullity of marriage and annulment of marriage are confidential.

what is certain though is that once a petition for nullity of marriage is denied the same cannot be re-filed in court on the SAME ground that it was denied because of the principle of res judicata. the principle of res judicata has the same effect as double jeopardy in criminal cases.

now, we ask, what options the petitioner have if his petition for nullity of marriage based on psychological incapacity is denied with finality so that he again may remarry? consider the following:

1) file a petition again declaring the petitioner himself psychologically incapacitated;

2) file a petition again for nullity of marriage on grounds other psychological incapacity, like for example: (a) one of the contracting parties did not have the legal capacity to contract marriage; (b) or the marriage was solemnized without a license; (c) or the marriage was polygamous or incestuous, etc.

3) convert to Islam

4) if the other spouse' whereabouts could not be known anymore for at least two years and he was in danger of death (like he was in tacloban during typhoon yolanda), file a petition to declare him presumptively dead.

[Ry_Tower]

^Dubious yang 2013 annulment ni Amy, bakit yung 2006 nirelease yan hindi. Something is fishy ah hehe

[RavenBlack]

Thanks JM. I heard kasi meron mga what nag re file ng Annullment and then nakalusot sa RTC. Pag umabot lang yata sa SC saka nagiging public. So baka ganito ginawa ni Amy.

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[RavenBlack]

Does refiling Annullment using additional evidence can overcome res judicata? For example, the ex has already re married to a foreigner, and kids are willing to testify.

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[Ry_Tower]

Does refiling Annullment using additional evidence can overcome res judicata? For example, the ex has already re married to a foreigner, and kids are willing to testify.

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New case na yan if ever and not just new evidence for the previous case.

New grounds na kasi e.

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[RavenBlack]

Same grounds pa din actually, psychological incapacity. Na deny due to lack of evidence.

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[polar01]

Does refiling Annullment using additional evidence can overcome res judicata? For example, the ex has already re married to a foreigner, and kids are willing to testify.

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I think that should be a different case already, bigamy, a criminal offense.


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[RavenBlack]

Yes, but bigamy does not allow to remarry.

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[Juan Martinez]

i received a lot of private messages from members here asking for advice. sorry if i couldn't answer your queries immediately because i'm a little bit busy lately, but rest assured i'd reply you back the moment I'd get to read your PMs.

keep them coming. the advice is free. tell your friends and relatives to sign up with tsikot.

[macsd]

i received a lot of private messages from members here asking for advice. sorry if i couldn't answer your queries immediately because i'm a little bit busy lately, but rest assured i'd reply you back the moment I'd get to read your PMs.

keep them coming. the advice is free. tell your friends and relatives to sign up with tsikot.

KUDOS Senior !