Legal Question in Family Law in Philippines

9262 or annulment?

what is more easier to file?The 9262 or the annul...?My husband left us since 1997 and no communication at all no support for my 3 child up to now 2007.When we broke up he already had other woman and a child 2yrs old,so when i knew it i left him for this reason.Do i have to file him 9262 or annulment? Can i win in this case?What do you think


Asked on 8/07/07, 3:55 am

2 Answers from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Re: 9262 or annulment?

You can file both. Yes,chances are you can have a favorable result if you file the said cases.If you don't have the ground for annulment then you can file a petition to have your marriage declared void. Annulment is different from declaration of nullity of marriage. The first will fall under Article 45 while the latter under Article 36 of the Family Code.

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Answered on 12/23/07, 11:19 pm
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Re: 9262 or annulment?

Nothing can be easier because a litigation whether be for 9262 or annullment can be rigorous and expensive. If your purpose is to have your marriage bond severed then by all means you can file an annullment of marriage under Art. 45 of the Family Code or Declaration of Nullity of Marraige under Art. 36 of the same Code. However, if your purpose is to compel your husband or pressure him to support you and your children then 9262 will do.There is also a risk that he will be jailed if proven guilty. Winning or losing the case will depend on the evidence. At this point I cannot predict whether you will win or lose the case. But if you build the facts based on evidence I don't see any reason why your case will not prosper.

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Answered on 8/07/07, 5:14 am


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