Legal Question in Family Law in Philippines
Greetings atty. My case for nullity of marriage (Article 36 FC) was granted by the RTC. the Solicitor General Appealed to the Court of Appeals which reversed the decision dismissing the petition I filed. I elevated my case in the Supreme Court but my petition was denied on ground of insufficiency of evidence. my question is, Can i refile the case in the lower on the same ground? If not, what legal recourse should i undertake so that my marraige with my husband will be annulled or nullified? thank you.
1 Answer from Attorneys
The problem here is that the reversal issued by the Court of Appeals is now final and executory when the Supreme Court denied your appeal.Your husband can file a petition. This is the remedy you can do.But you need not have some sort of collusion with him as this is prohibited by law.
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