We now pronounce ourselves NO LONGER husbands and wivess

It takes the form of a compromise agreement or an affidavit. A layman's supposed iron clad license to cheat.


The contents are appalling in its frankness:


Parties will admit that both or one of them cheated or is already cohabiting with a partner not his/her wife/husband.




Parties agree that the marriage is a union of colliding values and extreme opposites. It is peppered with a number of irreconcilable differences and often results to abusive arguments. The marriage, based on both parties admission, had become a hell on earth.


Parties in an attempt to regain a semblance of sanity and peace of mind mutually agree to separate.


Parties will then divide the properties among themselves.


And they will promise to live their separate lives. They consent to their partners act of cohabiting with with another person. They will live an indiscreet life free from fear of lawsuits and harassment from the now estranged and "supposed" ex spouse. The belief springs from the knowledge that the affidavit is signed in the presence of a Barangay Captain or subscribed by a notary public.


OR so they think.


Marriage is no ordinary contract. It is a contract imbued with public interest.




In fact Artilcle 149 of the Family Code provides :




The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect. (emphasis supplied)


What does it mean? What is its implication?


This means that the compromise agreement, affidavit or proof of separation (as most would refer to these types of documents) is void.


It is a mere scrap of paper. A piece of evidence proving that the couples wasted their time, money and energy.




Equipped with this piece of paper, a party who will brandish it in court will not be afforded any protection. It will not shield him or her from a case of concubinage (pakikiapid kung ang lalaki at ang kabit ang kakasuhan) or adultery ( kung ang babae at ang kalaguyo ang kakasuhan) or a case for violation of  anti - violence violence against women and children act.




The key concept that one should realize based on the notes above is this: MARRIAGE, THE DISSOLUTION OR END OF IT, CANNOT BE A SUBJECT OF AGREEMENT BETWEEN THE HUSBAND AND THE WIFE.




The romance may have dissipated and flame of passionate love may have turned into glowing embers but the lovers shackled by the bounds of marriage holds not the power to say "I give up!" nor the capacity to obliterate the marriage.




Only the State can nullify or annul a marriage. All of which are done through the court of law and not in some dinghy office of a notary public by virtue of a piece of paper prepared by a secretary who steals his boss' docket number. ;)

Instant Annulment

"Instant Annulment" is the term usually used by persons who would ask me if we ofter services that cater to husbands and wives who would want their  marriages instantly nullified or annulled.

My response is always a NO. 

In the early part of my practice I had a client who came in for consultation. The fiance visa application was held in abeyance pending the investigation of the embassy of the partner regarding the validity of the order of annulment emanating from a certain sala here in Mindanao. 

Gut feel also told me that an annulment proceeding or a declaration of  nullity of marriage that terminates in a span of three months is close to impossible.

A cursory reading of the rules on declaration of absolute nullity of  void marriage and annulment of voidable marriage would show that the requirements  would require at least six months for the entire process to run its course. 

This time estimate foresees the best possible scenario. A scenario where there will be no postponements of hearings, no delay in the case study of the social worker and no glitches on the investigation of the prosecutor.

On April 10, 2012 the case of OCA v. Judge Indar A.M. No. RTJ-10-2232 was decided. 

The case is a complaint for gross misconduct and dishonesty against Judge Indar. 

The complaint emanates from the report of the local civil registrar of Manila and Quezon City that Judge Indar issued an alarming number of orders of annulment.

Upon investigation it was found out that anomalies were committed in the issuance of the said orders. The Judge was dismissed from service and disbarred.

The said decision also placed in jurisprudence the concept of instant annulment, though it did not call it as such.

In the said decision the anomaly was described as follows: ".... nothing to show that proceedings were had on the questioned annulment cases. There was nothing in the records to show that (1) petitions were filed; (2) docket fees were paid; (3) the parties were notified of hearings; (4) hearings were calendared and actually held; (5) stenographic notes of the proceedings were taken; and (6) the cases were submitted for decision." 

And that is what we usually call an instant annulment. As to the effect of the said decision on persons who availed of this instant annulment, that would need another blog.

Requirements for Business Permit (GenSan)

Below are the requirements for business permit in General Santos City:

City health certificate/ sanitary permit

SSS Clearance

PHILHEALTH Clearance

BIR annual registration 0605 with payment receipt

Duly accomplished application with 2x2 picture

Barangay Clearance

CPDO business location clearance

CENRO clearance and official receipt

CEO bldg. inspection checklist and official receipts

DTI registration for sole proprietorship

SEC Registration and Articles for Partnership and Corporation

CDA registration for cooperatives

Other requirement/s:  2x2 ID picture 1pc

Attach are pictures of the application forms that the city government gives out:

BPO

No a BPO does not translate to Business Process Outsourcing. 

In legal parlance, it refers to a Barangay Protection Order (BPO).

The Barangay Protection Order (BPO) is a creation of the anti- violence against women and their children act of 2004.

A  Barangay Protection Order (BPO) is usually issued by the Punong Barangay (Barangay Captain). It primarily seeks to stop further violence against the victim/s.

The protection order aims to minimize "the disruption of the normal daily existence of the victim/s and to facilitate the strengthening of the ability of the victim/s to control her/their life.

It is effective for fifteen days(15) days.

Source: RA 9262