Which legal advice?

[LastChance 0]

This is regarding my previous post about marrying my ex-husband twice. The first marriage is annulled, previous CENOMAR's did not show second marriage but finally showed up in my last CENOMAR. It showed in the CENOMAR but they can't generate copy because it is the same person so only the first one is valid- according to NSO.

Although I filed for "Petition to Declare Second Marriage Null and Void", I still can't help but ask other lawyers about their opinions. Here they are:

Attorney no.1 (female lawyer- Immigration and Annulment lawyer)- Wait and see because the US Embassy is strict with the validity of marriage. In their eyes, its not valid.

NSO can't generate the copy anyway so what certificate are they going to annotate?

Attorney no.2 (male lawyer- Annulment lawyer)- since the second marriage is with the same person, it will be a redundancy and a waste of money, time and effort to have it

declared it null and void. The remedy is to file Rule 108 for the cancellation or correction of entries to the civil registry. My

lawyer can file this petition to require NSO to expunge from their records the certificate of this second marriage to the same

person.

So anymore lawyers here?

[tedjen 0]

This is regarding my previous post about marrying my ex-husband twice. The first marriage is annulled, previous CENOMAR's did not show second marriage but finally showed up in my last CENOMAR. It showed in the CENOMAR but they can't generate copy because it is the same person so only the first one is valid- according to NSO.

Although I filed for "Petition to Declare Second Marriage Null and Void", I still can't help but ask other lawyers about their opinions. Here they are:

Attorney no.1 (female lawyer- Immigration and Annulment lawyer)- Wait and see because the US Embassy is strict with the validity of marriage. In their eyes, its not valid.

NSO can't generate the copy anyway so what certificate are they going to annotate?

Attorney no.2 (male lawyer- Annulment lawyer)- since the second marriage is with the same person, it will be a redundancy and a waste of money, time and effort to have it

declared it null and void. The remedy is to file Rule 108 for the cancellation or correction of entries to the civil registry. My

lawyer can file this petition to require NSO to expunge from their records the certificate of this second marriage to the same

person.

So anymore lawyers here?

You know girl, why don't you try to do the second option? I've responded with your queries from your other similar threads and all you need to do is to file a declaration, since it just a second marriage with the same person, it will be easier... you just need to watch it (follow ups, you know legal system here in PI, so slow...)

You don't need to wait for the opinion of embassy, since each consul has it's own opinion... do it now...

I think that female lawyer is a kind of lawyer who's after the money... more work, more money.... Real lawyers do action quick!

God bless us all...

[Pinay Wife 47]

Attorney no.1 (female lawyer- Immigration and Annulment lawyer)- Wait and see because the US Embassy is strict with the validity of marriage. In their eyes, its not valid.

NSO can't generate the copy anyway so what certificate are they going to annotate?

In my case, the NSO was able to generate copies of my two marriage contracts with the same person and I now have two marriage contracts with annotations.

There is a way to get a copy of the other marriage contract. Request a copy of your MC as if it were your first time to request it and use the date of your second marriage as the basis. NSO should be able to generate it. That's how I did it.

Attorney no.2 (male lawyer- Annulment lawyer)- since the second marriage is with the same person, it will be a redundancy and a waste of money, time and effort to have it

declared it null and void. The remedy is to file Rule 108 for the cancellation or correction of entries to the civil registry. My lawyer can file this petition to require NSO to expunge from their records the certificate of this second marriage to the same

person.

The remedy proposed by Attorney 2 may be worth exploring. Rule 108 states:

SEC. 2. Entries subject to cancellation or correction.—Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected: (a) births; (b ) marriages; (c ) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f ) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization; (k) election, loss or recovery of citizen­ship; (1) civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.

Take note, however, the words, upon good and valid grounds. The court will certainly ask on what ground you are basing the petition on. You reply that you have an annulment decree, but the court will see that your annulment decree does not include your second marriage. This is when your lawyer can probably come in and argue about res judicata and depending how the court sees it, the judge may rule favorably in your favor.

You may want to try Rule 108 and let us know what happens so we may also learn from your experience.

[LastChance 0]

You know girl, why don't you try to do the second option? I've responded with your queries from your other similar threads and all you need to do is to file a declaration, since it just a second marriage with the same person, it will be easier... you just need to watch it (follow ups, you know legal system here in PI, so slow...)

You don't need to wait for the opinion of embassy, since each consul has it's own opinion... do it now...

I think that female lawyer is a kind of lawyer who's after the money... more work, more money.... Real lawyers do action quick!

God bless us all...

Yes tedjen. Thank you for replying to my never ending queries. I guess Im still in a state of depression and can not accept why its only now that this record showed up. I mean, Ive been through hell with my first annulment and here I am, filing another case with the same person. My real lawyer anyway assured me that its just a declaration that I need. Even if its not valid, Article 40 states that there should be a court declaration for the purpose of remarriage. I hope this takes only 2 months. Thank you so much for being there....

[LastChance 0]

Attorney no.1 (female lawyer- Immigration and Annulment lawyer)- Wait and see because the US Embassy is strict with the validity of marriage. In their eyes, its not valid.

NSO can't generate the copy anyway so what certificate are they going to annotate?

In my case, the NSO was able to generate copies of my two marriage contracts with the same person and I now have two marriage contracts with annotations.

There is a way to get a copy of the other marriage contract. Request a copy of your MC as if it were your first time to request it and use the date of your second marriage as the basis. NSO should be able to generate it. That's how I did it.

Attorney no.2 (male lawyer- Annulment lawyer)- since the second marriage is with the same person, it will be a redundancy and a waste of money, time and effort to have it

declared it null and void. The remedy is to file Rule 108 for the cancellation or correction of entries to the civil registry. My lawyer can file this petition to require NSO to expunge from their records the certificate of this second marriage to the same

person.

The remedy proposed by Attorney 2 may be worth exploring. Rule 108 states:

SEC. 2. Entries subject to cancellation or correction.—Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected: (a) births; (b ) marriages; (c ) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f ) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization; (k) election, loss or recovery of citizen­ship; (1) civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.

Take note, however, the words, upon good and valid grounds. The court will certainly ask on what ground you are basing the petition on. You reply that you have an annulment decree, but the court will see that your annulment decree does not include your second marriage. This is when your lawyer can probably come in and argue about res judicata and depending how the court sees it, the judge may rule favorably in your favor.

You may want to try Rule 108 and let us know what happens so we may also learn from your experience.

PinayWife, ayaw talaga! I have so many certificates of my first marriage here because I attempted to get this second certificate so many times. As in, like nothing...like its my first time to get a marriage certificate for that second marriage. Ive asked favors from friends to get it for me...even asked my driver and maids. My lawyer even went there to ask for that certificate. Yun pa tin talga ang binibigay, the first marriage certificate. I had to ask someone to go to Surigao to get the certificate from the local civil registrar there. And then that person went to NSO Butuan, they said there's no record there. He even requested for CENOMAR again, this time only one marriage na lang. And then he requested CENOMAR of my ex also...one marriage again. AAAAAARRRRRGGGGGHHHHHH!!! Too much work for me na!

I wonder how you got your second marriage certificate. Did you submit a CENOMAR before? Feeling ko hindi, cuz if you did you would find out about your secret marriage being registered right?

Another thing, StephNRia told me to go to e-census.com.ph. Its the website of NSO and also for ordering certificates online. There was an answer there in the FAQ section. Here it is:

11. I was married in both civil and church rites. The civil marriage occurred before the church wedding. Will I be able to get a copy of my marriage certificate based on the church rites?

The first occurrence of the marriage is the one recognized as valid. Thus, even if you applied for the marriage certificate based on the church rites, the National Statistics Office (NSO), in adherence to the aforementioned policy, will be issuing the marriage record that occurred first – the civil marriage.

Also I already mentioned Res Judicata to my lawyer and she she said she will also mention that.

THANK YOU! THANK YOU! THANK YOU!

[Pinay Wife 47]

I wonder how you got your second marriage certificate. Did you submit a CENOMAR before? Feeling ko hindi, cuz if you did you would find out about your secret marriage being registered right?

Another thing, StephNRia told me to go to e-census.com.ph. Its the website of NSO and also for ordering certificates online. There was an answer there in the FAQ section. Here it is:

No, I did not request CENOMAR kaya I did not find out about my secret marriage being registered.

I requested copies of my MC on-line, sa e-census. You may want to try that baka may makuha ka. Nakakainis talaga the NSO rule. If they have a record of the second marriage why can't they just give it to you since it is the one giving you trouble. I hope you can find a connection to NSO para matulungan ka. Inquire from your friends or relatives baka may mga kaibigan sila. Let us know if finally may makuha and how you did it.

I really feel for you but hang in there. This too will come to pass.

[tedjen 0]

I wonder how you got your second marriage certificate. Did you submit a CENOMAR before? Feeling ko hindi, cuz if you did you would find out about your secret marriage being registered right?

Another thing, StephNRia told me to go to e-census.com.ph. Its the website of NSO and also for ordering certificates online. There was an answer there in the FAQ section. Here it is:

No, I did not request CENOMAR kaya I did not find out about my secret marriage being registered.

I requested copies of my MC on-line, sa e-census. You may want to try that baka may makuha ka. Nakakainis talaga the NSO rule. If they have a record of the second marriage why can't they just give it to you since it is the one giving you trouble. I hope you can find a connection to NSO para matulungan ka. Inquire from your friends or relatives baka may mga kaibigan sila. Let us know if finally may makuha and how you did it.

I really feel for you but hang in there. This too will come to pass.

Lawyers usually have connections with NSO... they can get a copy of any documents they need for their client's case (esp docs na imposible nila makuha)... Try to tell your lawyer if she/he knows someone in NSO... as usual, they will just pay it, you know...