COSMOPOLITAN - Showbiz Annulments

Update on celebs mentioned in this story (as of 2/10/09):
- Gabby Concepcion returned to Philippines March 2008 after 13-year self-exile in US. He posted bail immediately to avoid detention for bigamy case involving Sharon Cuneta.
- Second marriage of Aiko Melendez (to Martin Jickain) was annulled July 2008.
- At his 80th birthday party in July 2008, Dolphy's passport showed he was still single.
- On February 2009, the Court of Appeals upheld a lower court decision to annul the marriage of Kristine Hermosa and Diether Ocampo.

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TOGETHER (NOT) FOREVER
by Stephanie Dychiu

5 Things You Need to Know About Marriage and Annulment

“I hope I am still alive when she gets her annulment,” comedy king Dolphy, 77, once said about the annulment case of live-in partner Zsa Zsa Padilla, 42.

Zsa Zsa left her first husband in 1990 to be with Dolphy, then tried for over a decade to get her first marriage annulled so she and Dolphy could marry. They almost did in 2003, when the lower court granted Zsa Zsa’s annulment. But the Las Vegas wedding they planned that year had to be canceled suddenly when Zsa Zsa’s case was elevated to the Court of Appeals. It was only in late 2004 that the Court of Appeals gave Zsa Zsa back her freedom to remarry. She admitted to being traumatized by the entire process.

When it comes to marital dissolution in the Philippines, much can be learned from the true-to-life tales of our favorite celebs.


We thank the stars for their openness to the media about these issues, that we can learn from what they have gone through. While it’s always wise to consult a qualified lawyer, Cosmo arms you now with these annulment facts:

1. You can’t nix your marriage yourselves.
Unlike divorce, which is not legal in the Philippines, an annulment or legal separation is not as simple as husband and wife privately agreeing to part ways.

“Marriage in the Philippines is considered a permanent union that no one can break, not even the couple themselves,” says Atty. Jim V. Lopez, author of the newly updated book Rules of Disengagement: The Law on Annulment of Marriage (2006 Edition), which won the National Book Award in 2001.

Some couples separate on their own without legalizing their breakup. However, this frequently leads to problems regarding property ownership, remarriage, and rights of children born with new partners after the separation.

“It is so easy to get married, but so hard to get out of it,” remarks Atty. Lopez. “You have to know all the legal and financial implications of marriage before you cross the point of no return.”

2. You break it, you pay the filing fees.
The party who files for annulment (plaintiff) pays for the filing fee, plus other expenses related to proving that the marriage should be dissolved.

TV host Amy Perez used to be married to former South Border lead singer Brix Ferraris. They separated almost nine years ago and have one son. Amy filed for annulment in 2000. Brix did not contest the case. Four years and P200,000 later, Amy still didn’t have her annulment. “It’s Brix who wanted an annulment, not I,” she said in an interview published by the Philippine Daily Inquirer in July 22, 2004, shortly after the Supreme Court denied her annulment petition. “If he wants an annulment, it’s his turn to spend for it.”

Filing fees for annulment petitions start at P3,000, with additional fees that can reach tens of thousands as claims for property and damages increase. Generating proof that the marriage should be dissolved adds to the cost of the annulment, especially if the petition is resisted by the other party. Lawyer’s fees, experts’ fees, investigation fees, witness reimbursements, and other miscellany will further add to the litigation bill.

3. Obsess over the paperwork as you would over your wedding gown.
Last year, ABS-CBN actress Kristine Hermosa filed a petition for declaration of nullity of her (void) marriage to Diether Ocampo, claiming it was solemnized without a valid marriage license. The petition filed by Kristine, described in the June 22, 2005 issue of the Philippine Daily Inquirer, stated that she couldn’t have married Diether in Jaen, Nueva Ecija on September 21, 2004, as indicated in her supposed marriage certificate, because on that day she was shooting for the movie Enteng Kabisote from 8 a.m. until the next day. Her petition also pointed out that the issue date of the marriage license written on her supposed marriage certificate (September 10) was different from the issue date written on the marriage license itself (September 3).

ABS-CBN issued this press release: “The petition filed by Ms. Hermosa is for a Declaration of Nullity for the absence of any marriage license. Therefore, the petition cannot be an annulment because in all technicalities, there was no marriage in the first place.”

The moral lesson: “Don’t delegate the paperwork to other people when you’re getting married,” says Atty. Lopez. “You might end up with fake documents. You should also not sign a marriage contract outside of an actual ceremony, without the physical presence of your partner and a duly authorized solemnizing officer. There is no such thing as a post-dated marriage contract, or marriage by proxy, three-way conference call, or webcam.”

4. Persons guilty of bigamy, adultery, and concubinage can go to prison.
None other than our most beloved megastar Sharon Cuneta was once unwittingly caught in a bigamous marriage.

Sharon married Gabby Concepcion at the Manila Cathedral in 1985 at the age of 19, while pregnant with daughter KC. It was later discovered that at the time of her marriage to Gabby, he was already married to another woman in the US. Sharon and Gabby separated in 1987. In 1988, Gabby divorced his first wife in the US. Sharon was granted her annulment in 1993. She married her second husband Senator Francis “Kiko” Pangilinan in 1998.

Sometime in 2004, Senator Pangilinan made a move to officially adopt KC, Sharon’s daughter from her previous marriage. Pilipino Star Ngayon reported in its December 4, 2004 issue that Senator Pangilinan decided to do this to remedy the legal status of KC. He explained that children of bigamous marriages, which are considered void, are illegitimate under the law. To protect KC’s rights, he adopted her so she could become a legitimate child, and be equal in the eyes of the law to Frankie, Senator Pangilinan’s other daughter with Sharon.

Bigamy is the act of contracting a second or subsequent marriage before the former marriage has been legally dissolved. It is a criminal offense in the Philippines. This means anyone can file charges against the couple in a bigamous marriage, not just the spouse from the original marriage who is the direct victim.

The earlier marriage is what is considered valid, and the second or subsequent marriage is what is considered bigamous. Charges need to be filed within 15 years from the date that the bigamous relationship is discovered, otherwise the right to sue will prescribe and no longer be heard by the courts.

“In the Sharon-Gabby situation, Sharon is absolved because she appears not to have known about Gabby’s prior marriage,” says Atty. Lopez. “In this country, there is no sure way of verifying if the person you are marrying is not already married to someone else. This is quite a common problem. That’s why you have to trace the roots of the person you are marrying. You also have to confirm that the solemnizing officer in your wedding is not bogus.”

Adultery and concubinage, meanwhile, both refer to infidelity in a marriage, but carry different levels of punishment depending on whether the cheating party is the wife (adultery) or the husband (concubinage). Concubinage is also harder to prove than adultery. Female members of Congress have been trying to correct this gender bias in the law for years. If the wife cheated, a single, simple act of sexual intercourse with her lover makes her liable for the crime of adultery. Adultery carries a maximum penalty of six years imprisonment. If the husband cheated, he needs to be caught having sex with his mistress under “scandalous circumstances,” or living with her in a “conjugal dwelling” (binabahay), before he can be liable for the crime of concubinage. Concubinage carries a lesser maximum penalty of four years and two months imprisonment.
“Adultery and concubinage are private crimes, unlike bigamy,” Atty. Lopez explains. “This means the only one who can file charges is the legitimate spouse. Charges can be filed against both the unfaithful spouse and his or her paramour.”

Remembering that adultery and concubinage are crimes punishable by imprisonment should make us think twice about cheating on our spouses, or, if we are single, having affairs with married persons. “You should also think twice about getting married, if you’re really incapable of monogamy,” quips Atty. Lopez.

5. Pathological lying can now be used to prove psychological incapacity.
Psychological incapacity is the most difficult ground to prove in an annulment case, yet it is the most frequently used justification. It’s difficult to prove because there is no definition for psychological incapacity in the Family Code.

Showbiz personalities Pops Fernandez, Aiko Melendez, and Benjie Paras all used psychological incapacity to annul their marriages to Martin Nievera, Jomari Yllana, and Jackie Forster respectively. Pops used infidelity and “narcissistic personality” to build a case for psychological incapacity, while Aiko used infidelity, “refusal to engage in intimate relations”, and lack of financial support. Benjie relied on Jackie’s underage status at the time of marriage (she was sixteen) to prove she was psychologically incapacitated.

But what happens when none of these extreme circumstances exists? What if a grossly dysfunctional spouse happens to be neither unfaithful, underaged, nor negligent in his or her financial and sexual obligations?

A recent Supreme Court ruling brings new hope. “The March 10, 2006 ruling penned by Justice Dante Tinga on the Antonio vs. Reyes case (G.R. No. 155800) connected pathological lying and deception with psychological incapacity,” explains Atty. Lopez. “Remember, though, that for psychological incapacity to be a valid ground for annulment, it needs to be permanent and grave enough to prevent the performance or understanding of marital obligations, be incurable, and should exist at the time of marriage.”

In the annulment case of Antonio vs. Reyes mentioned above, Justice Tinga perfectly encapsulated the couple’s predicament: “It is possible that the respondent, despite her psychological state, remains in love with the petitioner, as exhibited by her persistent challenge to the petition for nullity . . . Yet the court decides these cases on legal reasons and not vapid sentimentality. Marriage, in legal contemplation, is more than the legitimization of a desire of people in love to live together.”

After more than 25 years practicing marital law, Atty. Jim V. Lopez says: “there are no guarantees in marriage. The only sure way to avoid annulment is to not get married. To those who take the risk anyway, my wish is that you will truly live happily ever after. If you don’t, you can always go to court. But be prepared for the fight of your life.”

ANNULMENT 101

A church annulment is not the same as a civil annulment.
Formerly married persons who have obtained civil annulments but not church annulments will not be allowed to remarry in the Catholic Church, although they can remarry under civil rites. Similarly, church annulments are not recognized by the law.

All petitions and court decisions are public documents that can be read by almost anyone (except when they are sealed by a judge), so be careful what you expose.
Comedian-TV host Joey Marquez was wisely conscious of this in his annulment case with Alma Moreno. According to an April 25, 2002 report from Ricky Lo of the Philippine Star, Joey made a separate private agreement with estranged wife Alma regarding property division and child custody when he filed for annulment, so there was no mention of these in his court petition. The allegations of marital infidelity against Alma were also left out of the petition, “because we do not want the children to suffer (the humiliation)”. His annulment was granted in 2004.

The higher you go up in the judiciary, the harder it is to get an annulment.
“The key is to win at the lower court,” says Atty. Lopez, “and pray that the Office of the Solicitor General, or your ex-spouse, does not elevate your case to a higher court.”

(This article originally appeared in Cosmopolitan, June 2006.)