Questions and Answers with a Cancellation Lawyer

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Do you have legal and practical questions about cancellation?

MANILA, Philippines – Need a cancellation lawyer? We have what you need.

Newsbreak’s series of investigative reports, “The Business of Annulments”, exposed the complex web of collusion in the justice system. Judges, lawyers and court personnel as well as petty crooks profit handsomely from the grief of those who want to end their disastrous marriages.

The report received mixed reactions among readers. Some have said that the “friendly courts” where you can escalate your cancellation request for a fee is an open secret. Others were amazed at how far the corruption has gone – geographically.

“The Business of Heartbreak” revealed that some courts from northern Luzon to southern Mindanao were involved in manufacturing mass annulment decisions, earning them the nickname of being called “annulment factories.” But mostly readers have been asking about the confusing, complex and tedious cancellation process.

Rappler collected questions from readers who wanted to know: what if I’m married to a foreign national and we get divorced? How to prove psychological incapacity? What happens if I can no longer locate my spouse, can I still initiate an annulment procedure?

We invited Atty. Evalyn Ursua, one of the founders of the Women’s Legal Bureau, former lecturer at UP College of Law and currently a family law attorney, to answer these and other questions from readers.

According to Ursua, any Filipino national (except Muslim Filipinos married under Muslim rites) cannot divorce. A foreign national married to a Filipino can initiate divorce proceedings and then the Filipino will need to seek recognition of the divorce decree here in the Philippines.

As for proving psychological incapacity, there are three elements that must be proven: the condition existed before the marriage, it is incurable and it is serious. Ursua suggests taking expert advice such as a clinical psychologist to testify to your spouse’s psychological incapacity.

The Philippines is now the only country in the world without divorce. Instead, the options for ending a failed marriage are: annulment, declaration of nullity and legal separation. Only Muslim Filipinos are allowed to divorce.

Some lawmakers have argued that these legal remedies are sufficient and that there is no need to legalize divorce in the Philippines. Ursua disagrees,”Malinaw kung bakit kailangan natin ng divorce law. Hindi tayo pumapanggap na after 20 years walang nangyari. In case of divorce, mai kasal na nangyari, pero for any reason, hindi na tenable ang kasal and kailangan na maghiwalay.

“Clearly we need a divorce law. We don’t need to pretend (in an annulment) that after 20 years nothing has happened. Divorce acknowledges that there is had a marriage that took place but for some reason that marriage is no longer tenable and the couple must separate.”)

Ursua also says allowing divorce will also allow for a more humane and amicable separation between couples. “Kung mag-separate man kayo, do it nicely. Kailangan hindi embittered. Simplehan na natin kung kailangan na mag-hiwalay. »

“If a couple has to separate, they can do it nicely. He doesn’t have to be bitter. If a couple is going to break up, let’s make it simple.

Listen to the Sex and Sensibilities podcast to hear Ursua provide a legal perspective on these issues and more.

Rappler’s Ana Santos did a series on cancellation cases for Newsbreak:

Part 1: The Cancellation Case

Part 2: Cotabato Court Issues False Cancellation Documents

Part 3: Cavite: paid cancellation paradise?

Part 4: Corruption in Cancellation Factories

Part 5: Cancellation Scam

Part 6: Front: Certified false

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