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.