Friday, July 16, 2010

Is Kris Aquino gonna get a free pass to flout "Annulment" Law?

Why does exiting from a failed relationship made to be so complicated? That's because this is the Philippines and its laws we are talking about. That plus the sorts of situations presidential sister Kris Aquino gets into, and we get a certified Pinoy-style spectacle.
In an exclusive interview with ABS-CBN's Marie Lozano, lawyer Anna Liza Logan said the TV host [Kris Aquino] is not seeking legal separation [from husband James Yap].

[...]

Logan said they are now preparing the petition for the declaration of nullity of marriage. In simple terms, this is called the annulment of marriage.

Once the decision becomes final, the parties are free to enter into separate partnerships once again.

This is different from a mere legal separation, where the bond is only dissolved "in fact."

Logan refused to answer the reasons behind Aquino’s decision to annul her marriage.

Perhaps it is because there is no good enough reason to invoke the process of annulment.

I could never have said it better than Ben Kritz who, in an AntiPinoy.com comment, highlights the implications of Kris Aquino's public split from spouse James Yap.
The routine misuse of the annulment law helps to undermine the enforcement of any other law in the country. Legally, annulment is only possible if the marriage was legally invalid at the time it was created, in other words, if the legal capacity of either one of the parties to enter into a marriage was misrepresented in some way. That is the way the law is written; the legal grounds upon which a marriage can be defined as having been "void from the beginning" are quite narrow.

Of course, none of that matters if you have sufficient money and influence to get a lawyer to make up something and get a judge to go along with it. Call a spade a spade, though: Mr. "Walang Corrupt" is silently letting his own sister openly and very publicly flout the laws of the Republic which he swore an oath to uphold.

Nice work sister.

3 comments:

  1. Annulment is different from a declaration of nullity.

    Anullment means there is a valid marriage entered by 2 individulas, a male and a female.
    All the requirements of a valid marriage is met. 1. capacity to marry (CENOMAR) for both. Certificate of No Marriage for both parties;2) Marriage License should properly be secures (10-12 days) waiting period before a marriage license is secured by the Authority. This will provide the Authority to check and validate the data as presented by both applicants. Both should present themselves physically, to the issuing authoirty 3.) A Registered (with the NSO) solemnising Officer. Daated and currently active as an officiating priest, rabbi or person allopwed by governmnet to officiate marriage.4) One party, should be a member of the religious organization or sect to be considered valid 5.) Special "requirements" for people under 18 or 21 , as the case may be...parental consent and for the above 2) parental advise 6) within the area of residence of applicants.

    Declaration of Nullity. The Court declares that the marriage is ab initio null and void (which menas from the very start, there was no marriage at all)if any of these aforementioned requirements are lacking. Subject to verification and validation.

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  2. An annulment can be obtained if the spouse didn't have the mental capacity to enter into a marriage contract.

    Kris Aquino is as retarded as they get, so of course the marriage can be annulled. We're talking about someone who is absolute trash, fools around with other people's husbands, and even had to bribe her way to pass Ateneo University. Why anyone with a pulse would consider her an idol rather than the guttersnake that she is beyond me.

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  3. From what I heard regarding her passing the Ateneo, she was flunking her courses, but the priests couldn't wait to get her out of there. In other words, the Jesuits would have paid to have her vacated.

    (I was a batchmate of hers, and regular soundbytes would flood the cafeteria even then... the "broke my finger zipping up my Guess Jeans" episode comes to mind.)

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