Is bigamy a ground for annulment in the Philippines?

This is a discussion on Is bigamy a ground for annulment in the Philippines? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; i recently discovered that my husband married again a couple of years after we separated. they managed to have their ...

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Old May 30th, 2012, 01:56 PM   #1
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Default Is bigamy a ground for annulment in the Philippines?

i recently discovered that my husband married again a couple of years after we separated. they managed to have their marriage contract registered at the national statistics office that is why he has 2 marriage contracts with 2 different wives.

can i make him file for annulment since he is the one who needs it?
if the annulment is ongoing, can anyone still file for a bigamy case against him?
if u initiate the filing of annulment, can i make him pay for legal fees since?
how long does it usually take for an annulment process to get done?
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Old May 30th, 2012, 02:11 PM   #2
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Default re: Is bigamy a ground for annulment in the Philippines?

I wish to inform you that you can take divorce but may not file for annulment. Annulment can be taken by second wife because their marriage is void. Your marriage is a legal marriage. Further as Philippines itself does not provide for divorce but however allows divorce taken abroad therefore a foreign divorce may be taken.

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Old Oct 25th, 2012, 10:49 AM   #3
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Default Re: Is bigamy a ground for annulment in the Philippines?

i found my wife she have another guy,thats why she went back to philippines to see her guy.she spend 25 days in the philippines.we are married in the philippines.i want to know can i file a case agains to both of them case of bigamy.were living together here in canada up to present.
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Old Oct 25th, 2012, 12:10 PM   #4
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Default Re: Is bigamy a ground for annulment in the Philippines?

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Originally Posted by AFFA View Post
I wish to inform you that you can take divorce but may not file for annulment. Annulment can be taken by second wife because their marriage is void. Your marriage is a legal marriage. Further as Philippines itself does not provide for divorce but however allows divorce taken abroad therefore a foreign divorce may be taken.

AFF
Wrong again, AFFA. Divorce is not a legal remedy in the Philippines. A Philippine national cannot get a divorce because the law ONLY allows annulment. And as to taking a divorce abroad, a Philippine national who obtains a divorce overseas will not have that divorce recognized if he or she was the moving party. The ONLY way a foreign divorce can be recognized is if the foreigner initiates the divorce, not the Philippine national.

Last edited by Friend In Court; Oct 25th, 2012 at 12:27 PM.
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Old Oct 25th, 2012, 12:19 PM   #5
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Default Re: Is bigamy a ground for annulment in the Philippines?

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Originally Posted by survivor View Post
i recently discovered that my husband married again a couple of years after we separated. they managed to have their marriage contract registered at the national statistics office that is why he has 2 marriage contracts with 2 different wives.

can i make him file for annulment since he is the one who needs it?
if the annulment is ongoing, can anyone still file for a bigamy case against him?
if u initiate the filing of annulment, can i make him pay for legal fees since?
how long does it usually take for an annulment process to get done?
First of all, his marriage is not a valid one so annulment is not the remedy. It was void from Day One since he was and is still married to you. An action can be filed to have it declared invalid by one of the parties to it.

Your situation: Annulment, as you probably know, is the only way to legally dissolve a marriage in the Philippines. The grounds must one one of the following:


1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.[2

. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife

3. Fraud. 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. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage

4. Force, intimidation or undue influence. Except if the complaining party cohabited, freely afterwards. Then this grounds is not available. he complaining party thereafter freely cohabited with the other as husband and wife.

5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile

6. STD. At the time the marriage was contracted.

BUT Legal Separation is available to you

Here are the grounds for legal separation:

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.

2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.

3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.

]5. Drug addiction or habitual alcoholism of the respondent.

6. Lesbianism or homosexuality of the respondent.

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad

8. Sexual infidelity or perversion.
[
9. Attempt by the respondent against the life of the petitioner.

10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

The process I am told takes a minimum of six months, supposedly a 'cooling off' period for the parties to change their minds. But in this instance, your spouse is a bigamist and it is not likely you wish to change your mind, I assume. In bold are the grounds you would have for legal separation. Note No. 7 for the law provides for situations such as yours.

My recommendation is that you see a family law attorney to get proceedings underway.
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Old Oct 25th, 2012, 12:26 PM   #6
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Default Re: Is bigamy a ground for annulment in the Philippines?

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i found my wife she have another guy,thats why she went back to philippines to see her guy.she spend 25 days in the philippines.we are married in the philippines.i want to know can i file a case agains to both of them case of bigamy.were living together here in canada up to present.
It makes a difference whether you are a Canadian national or Philippine and where you two were married. If both are Philippines, married in the Philippines, then you would be subject to the laws of the Philippines which do not allow divorce, only annulment -- and on grounds set out in my previous reply to the first poster.

If you are aCanadian, however, you may file your divorce petition in Canada.

Unless they contracted a marriage, after her marriage to you, there would not be a case for bigamy -- only infidelity. That is not clear from your post.
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