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Holy Week reflections on marriage

abs-cbnnews.com | 03/18/2008 11:30 PM

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It is Holy Week, and facetious as it may sound, this is a time to ponder and reflect on marriages which appear to be like the sufferings of the Son of God. Sometimes, we have to believe that hell is present life. It can only get better after death. If you believe in the Catholic teaching, then truly we should look forward to going to our God in heaven.

Here is another letter requesting information on how to get rid of a marriage gone bad. As usual, the writer shall be anonymous. I call her "Joanna."

Dear Ms. Katrina,

I got married to a man who was already married legally. Our marriage consumated in Pasay City Hall and his earlier marriage in Manila City Hall. As per my knowledge, since my marriage came after his first marriage, by the law it is null and void.

Initially however, I was not aware that there was already a previous marriage therefore the union was blessed with 3 kids, all using their father's surname. When I started working abroad, I was all time using my maiden name, until such time that I encountered problems when I intended to bring my children with me out of the country. The Dept. of Foreign Affairs required that my surname should be the same with my children. I have no recourse therefore but to change by surname to my husband's name.

After a while, I found out about the earlier marriage and when confronted, my husband left without saying anything and abandoned me and my kids since 1991 up to present with no contacts and support for the kids.

For almost 17 years now, I am still using his surname in my passport. Since the marriage is void from the beginning, I need to know what will be the procedure

make legal the nullity of this marriage and to use my maiden name again in my passport and other legal documents.

The Family Code lists what marriages are void from the beginning, and the marriage described by Joanna is one such "bigamous" marriage. Joanna, however, has to go to court to have her marriage declared void for being bigamous. The Supreme Court said, and the Family Code included, the Court’s pronouncement that, even though a marriage is obviously void, "the parties are not allowed to assume its nullity." If Joanna does not have a court declare the marriage void, a second marriage she may go through will be void.

The procedure in declaration of nullity and annulment of marriage is embodied in a special rule, A.M. No. 02-11-10-SC, which took effect on March 13, 2003. (Joanna, you can go to the website of the Philippine Supreme Court to download a copy).

Joanna, you have to go and see a family lawyer and bring with you the following papers: NSO- authenticated copies of your marriage certificate; the marriage certificate of your husband’s first marriage (unfortunately, you have to know the name of the first wife and the date of the first marriage, otherwise, you will be stuck in the administrative bowels of a bureaucratic search); and the birth certificates of your children. If you acquired property during the marriage, claim it all – let your husband try to prove he paid for it all. Fortunately you have children, otherwise, you may be horrified to discover that these properties actually belong the first marriage!

The process is tedious and, depending where you live, the Family Court judge may be a little slow as her court calendar may be packed. Be patient. This too will pass. The Department of Foreign Affairs and the other government agencies will change your documents only after the court has declared your marriage void and the decision has become final.

Some caveats: if you do not know where your husband lives now, the court may require the publication of the petition and the court summons in a newspaper of general circulation. This is expensive. You will have to have the decision published too, so be warned. The prosecutor will appear to represent the State, and he will ensure that your marriage is in fact the second void bigamous one, so make sure you have complete papers. If you are qualified, the Public Attorney’s Office (PAO) can handle your case for free; otherwise, be prepared to spend. Some good news: you can ask the court to change your children’s surnames, because they are considered illegitimate.

Good luck, Joanna.