Baliwag, Wilfred D.

Humarang, Remjeljan
Legal Opinion
In order for Ms Karen Corpuz to marry Mr Charles William in
London as soon as possible, she should file a petition for declaration of
nullity of marriage in the Philippines with his husband, Mr. Bruno Corpuz,
first. The rule is that, the person who sought to have the marriage annulled
should file a case for dissolution of marriage or else the subsequent
marriage shall be unlawful and void/voidable. In the case, Ms. Corpuz
should file a petition nullifying their marriage of her husband Bruno in a
Family Court in the Philippines. In the progress of the case, her petition as
according to the Rules on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages Sec.2(d), should allege
facts

showing

that

either

or

both

parties

were

psychologically

incapacitated from complying with the essential marital obligations of

marriages at the time of the celebration of marriage even if such
incapacity becomes manifest only after its celebration. Her side should
argue that there were circumstances at the time of the celebration of their
marriage and even after the celebration of their marriage which shall
satisfy the psychological incapacity requirement needed as enumerated
on the above provision in order for the petition of nullity of marriage
progress. Those are: Brunos drug use issue from which he was convicted
several years ago which likely caused his irrational behaviours, Brunos
sexual infidelity when Karen herself knew that she was having an affair
with his co-worker in a motel, Brunos attempt against the life of Karen
when he punched her and threatened to kill her if she would leave him and
of course physical violence. All of the aforementioned circumstances can
convince

the court that Mr. Bruno

Corpuz was

psychologically

incapacitated making Ms. Karen Corpuzs stand substantial in the case.

Karen Cruz, even residing overseas can file a petition for annulment in the
Philippines as it is stated in the New Rule on Declaration of Void
Marriages and Annulment of Voidable Marriage, as it was stated on
Section 5 paragraph 3 of the said rules at it is stated:
If the petitioner is in a foreign country, the verification and
certification against forum shopping shall be authenticated duly authorized
officer of the Philippine embassy or legation, consul general, or vice
consul or consular agent in said country.
As It was notarized and authenticated at the Philippine Embassy in UK,
Karen may simply send it to her lawyer in the Philippines and then will file
it to Family Court.