kris aquino, ‘wag tularan

04 August 2010

i find i can’t ignore her ’cause she’s so in-our-face and i worry about the values our girls are picking up from her endlessly cheap dramatics.

so she’s back, and, boy! (abunda?), her media handlers certainly made sure she’d be talked about, as if taking over wowowee wasn’t big enough news, nah, they had to throw in rumors din that she’s preggy and that she’s being linked to chiz and junjun and robin atbp. all of which she happily giddily gleefully denied on nationwide tv, sabay amin na type niya si junjun.   as for her marriage to james, well, she’s quite optimistic that it was void to begin with.   destiny daw, lol, omg, wtf.

BOY: Based on the interview, I think with the lawyers, na may na-mention na maaaring mayroong posibilidad na your marriage was null and void to begin with. Ano ang iyong take?

KRIS: Probably because the premise kung paano siya nagsimula, na hindi ko inamin sa pamilya ko right away, part of destiny ‘yan. Kasi siguro kung kumpiyansa ako na it will really be okay and all, hindi na tayo nagtago sa bahay mo. [Laughs] Siguro regalo na ‘yan ng tadhana sa aming dalawa. I don’t know, Boy, I have to sit down with the lawyers. I have to see the papers. It has to go through the process in court. But kung totoo ‘yan at mayroon kaming mga requirements na hindi na-fullfill, at yung technicality nandoon at maru-rule nga ng korte na null and void to begin with, then maybe it’s really a lesson for me.  That no matter how I tried to avoid it and no matter how much my family tried to accept James, if ever, Boy, in the future—and I’m saying malayong future ito, ha—sisiguraduhin kong I’ll do it correctly this time. Wala nang mga patagu-tago pa.

so because she and james were married secretly, and she kept the marriage secret for some time, the marriage is invalid?   the spin being, she kept it secret because she must have lacked confidence that she was doing the right thing, so the marriage is void?   ganoon?   how old was she ba when she married james?   sweet-16-never-been-kissed?  ano namang drama yan.   she was 34, with a string of scandalous love affairs behind her, and if she still didn’t know what she was doing, then yeah, she’s sick.

but hey, i’m not biting.   it’s more likely, i’m told, that she kept the marriage secret muna out of concern for some multimillion-peso product endorsements she made while she was single that may have required her to remain single for the duration of the contract.   she would have needed to break the news gently to her sponsors, which sounds more credible, di ba.

and now she wants another chance.   with another man.   never mind that james is wanting to work things out.   pagod na daw.   ayaw na niya.   so there.   brat pa rin.   well.   let’s see how that legal process goes.   if she gets her way, so should all other pinays na walang pera pambayad sa abogado at sa korte but who want out of worse marriages, lalo na yung mga binubugbog at yung mga basta iniwanna lang.   fair is fair.

and what about that promise to cory.

James: …nangako ako kay Mom Cory na hindi ko pababayaan ang pamilya namin. Na-aalagaan ko si Kris, si Josh at si Baby James. Nangako rin kami ni Kris sa harap ni Mom Cory na hindi kami maghihiwalay.

sagot ni kris, wag nang idamay si mom.   ganoon?   she’s dead anyway?   so, were her fingers and arms and legs crossed when she made the promise?   cory must be turning and tossing in her grave.   ninoy must be shaking his head and making buntong-hininga.   bishop soc must be desperate for divine guidance, what to do with this wayward witch, i mean, bitch, i mean, sheep.   she with the sparkle in her eye.   malinaw naman what the real problem is.   in-love na naman siya and she’s so fecklessly recklessly messed up, she doesn’t even have the sense to keep THAT secret.

53 Responses to kris aquino, ‘wag tularan

  1. August 4, 2010 at 2:56 pm
    Bert

    “malinaw naman what the real problem is. in-love na naman siya and she’s so fecklessly recklessly messed up, she doesn’t even have the sense to keep THAT secret.”-angela

    if that is true then kris is cheating on husband james which could be a ground for nullifying the marriage. I mean loving another man other than the legal husband is cheating, is it? I mean, can kris claim she is in love with junjun binay, admit that she’s cheating on husband james, then file a case in court for annulment because of that?

  2. August 4, 2010 at 2:59 pm

    hey bert ;) as far as i know, infidelity of one or both is not a valid ground for annulment. correct me if i’m wrong.

  3. August 4, 2010 at 4:13 pm
    GabbyD

    “so, were her fingers and arms and legs crossed when she made the promise? ”

    you mean “they”, not her, right? they promised to cory…

    when a couple separates, it already implies that the promise not to separate was broken. they promised each other not to separate.

    it means that promises to others will similarly be broken

  4. August 4, 2010 at 4:23 pm

    but yes it’s a kind of infidelity, given her admitted leanings toward and closeness to the guy, kahit pa friends lang daw sila so far, and how she describes him as one with all the qualities of her ideal man. i mean, it would seem like burning her bridges na siya talaga, so sure she’ll get that annulment?

  5. August 4, 2010 at 4:26 pm

    @ gabbyd ;) well, “her” cos as far as i can tell james is trying not to break the promise

  6. August 4, 2010 at 5:20 pm

    It’s an Article 36 (Family Code) theory, I suppose, that if you kept it a secret, you were psychologically incapacitated to give consent, so that then the marriage is void.

  7. August 4, 2010 at 5:47 pm

    i remember that segment in the buzz showing kris when she ” asked for the hands” of james from the parents. siya ang namanhikan. hahaha

    i think what she wants is to have her marriage declared null and void from the very beginning.

    there is a difference between seeking annullment and having the marriage declared by court to be null and void.

    from http://jlp-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/

    “Yes. In essence, “annulment” applies to a marriage that is considered valid, but there are grounds to nullify it. A “declaration of nullity” of marriage, on the other hand, applies to marriages that are void or invalid from the very beginning. In other words, it was never valid in the first place.

    Also, an action for annulment of voidable marriages may prescribe, while an action for declaration of nullity of marriage does not prescribe.”

  8. August 4, 2010 at 5:56 pm

    “I suppose, that if you kept it a secret, you were psychologically incapacitated to give consent, so that then the marriage is void.”

    if your statement is valid, my first marriage is null and void. i was a minor and the marriage was kept secret from the family. mwehehe

    This is what the Family Code says about psychological incapacity.

    “The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological – not physical, although its manifestations and/or symptoms may be physical. Expert evidence may be given by qualified psychiatrists and clinical psychologists.”

    sino kaya sa dalawa?

    to prove infidelity lalo sa lalaki, kulang na lang sabihin ng korte na kailangang mahuli mo aa action and if you cohabitate after the discovery, it is condonation. ganoon kahirap kumuha ng annulment.

  9. August 4, 2010 at 7:06 pm

    @ orlando: so she’s saying siya mismo ang psychologically incapacitated at the time of the marriage… but next time she won’t be, haha. most of the cases i know, yung babae ang nagfa-file ng kaso, at sinasabing yung lalaki ang psychologically incapacitated. at ang lalaki, quiet na lang, para matapos na lang. so iba ito. interesting.

  10. August 4, 2010 at 10:18 pm
    stardots

    her ground is nullity of marriage, which is void from the beginning. she’s talking or requirements having met. cguro wala siyang marriage license because “secret” ang marriage nila. if magsesecure kasi ng marriage license, publication is required. and if they did publish it, then sana the whole world knew na. she’s not jane doe, she’s KRIS AQUINO. so kahit saang lupalop na city hall pinaskin yan, malalaman talaga ng media.

    another thing, maybe she’s getting on the issue of the solemnizing officer. dahil sa bahay lang, baka sasabihin niyang walang capacity to solemnize kung sino man ang nagkasal sa kanila.

    @bert infidelity is not a ground for annulment :D

    @the Ca t secret marriage of a minor is void. wrong in many aspects :D so that’s not a ground for psychological incapacity. marriage is void from the very beginning for lack of legal capacity to marry. and for who knows what other requirements you lacked :D

    @angela – psychological incapacity is incurable. :) so it can never happen na “next time, she won’t be na”.. :D sayang nga lang at hindi pa banned ang mga psychologically incapacitated to marry again. :D

    Kris is kris. she wouldn’t be who she is today if it weren’t for her media tactics. she’s entertainment personified. you’ll love or hate her. i neither love or hate her, but mind you, i’m entertained :D

    i just wish the court doesn’t grant her petition at panatilihing valid ang kasal nila. that will be the best thing for now. let her taste her own dose of entertainment :D

  11. August 4, 2010 at 10:49 pm
    Bert

    during my time, and that was before the time of Pres. Cory’s family code, we got married ‘secretly’ by the mayor with one witness, a close friend. we’re given an impression by someone in the city civil registry section that secret marriages like we had is not legally binding unless consumated. by ‘consumated’ we understand it to mean that we have to have an offspring out of our union for the secret marriage to be binding. I still don’t know up to now if that’s the legal truth.

  12. August 5, 2010 at 8:31 am

    “cguro wala siyang marriage license because “secret” ang marriage nila. if magsesecure kasi ng marriage license, publication is required.”

    stardots,
    what i learned from lawyer-friend is there is no such thing as secret marriage. kasi, the ministers/priests/judges or whoever who obtained the authority to solemnize marriages have to report the marriages that he officiated to the local registrar. So kahit dalawa lang kayo pati yong judge or minister, you can get a copy of the marriage certificate from the NSO. local registry offices forward the copies to the NSO.
    kya lang daw secret, kasi di alam ng magulang o ng kaibigan. :)

    but it does not mean that the minister can not be requested not to report a marriage. kagaya kung nanloloko lang yong lalaki. toink.

    there are fixers in the city or municipal halls who have ready marriage licenses provided it is their minister (whatever his church is ) who officiates. I was made to stand as a witness by a friend and it turned out their marriage was valid. pag-alis namin may marriage certificate na sila na pinirmahan. tapos nakakuha sila ng kopya sa civil registrar.

    for church weddings, siyempre, it is required to publish and announce the planned marriage for two or three weeks. baka may mga buntis na magcomplain.

    yong mga secret marriage na hindi naman nagsama o hindi naconsumate ang kasal, yon ang madaling mapaannul. kagaya noong kakilala ko na nagpakasal ngayon, kinabukasan umalis patungong Saudi. may nakilalang iba.madali niyang napaannul kasal niya. eh sila naman hindi lang consumated, consumido pa. may anak sila. :)

    by the way, paanong magiging secret ang marriage niya ay nakita ko pa ang segment na yon sa The Buzz ( ba yon)?

    o nalikmata ako or i might be wrong. baka scripted pakulo na naman ni boy abunda.

  13. August 5, 2010 at 8:34 am

    “i just wish the court doesn’t grant her petition at panatilihing valid ang kasal nila. that will be the best thing for now. let her taste her own dose of entertainment :D”

    paano yan, naghint na siya kay junjun. bwahahaha.

  14. August 5, 2010 at 11:39 am
    stardots

    @The Ca t yup, yun din ang “secret” na nirerefer ko. as in d alam ng iba. haha :D it was on her magazine nga! at isipin mo ha, bumili ako ng issue na yun because i was wondering ano yung nakita niya sa lalaking yun at bakit kailangan pang itago ang kasal pero may bonggang reveal naman pala! i remember tuloy, may isang manghuhulang nagsabi na “hindi magiging masaya ang pagsasama nila”.. TAAMMMAA (pina Krissy :P)

    kahit hindi church wedding, dahil dapat lahat ng nag-aapply for license may publication. ang nangyayari sa iba, sa ibang place nag aapply para hindi mabasa ng ibang buntis na girlfriend nila ang announcement. haha :D

    nalala ko tuloy ang sinabi niya sa Win Na Win (dahil nag abang at nanood talaga ako!) “Okay lang na madami kang asawa pero iisa lang ang iyong ina.”.. She was referring to her mother, na sobra niya talagang mahal, pero parang mali yata ang premise niya. at TAAAMMMAA again, “Kris Aquino, ‘wag tualran” haha! sana hindi naman papatol sa kanya si Junjun. Kapatid niya presidente, tapos bf niya (if ever, at huwag naman sana), anak ng bise. hindi na kakasaya si kris sa tv natin niyan sa laki ng ulo (uhm, ego?) niya!

    finally, @bert, a marriage, whether void or voidable is deemed valid until declared otherwise in a judicial proceeding :) and i think consummation does not mean dapat may anak. kasi if you look at it from another point, ang mga mag asawang walang anak, hindi pa pala consummated ang marriage? parang hindi naman :D anu nga kaya ang legal definition ng consummated marriage. pero kay kris, parang consummate na concummate! haha :D

  15. August 5, 2010 at 12:07 pm
    GabbyD

    sabi nga ni stardots, i heard that the argument is null and void ang marriage.

    from cat’s link, i gathered:

    http://jlp-law.com/laws?article=executive-order-no-209-family-code-of-the-philippines

    Chapter 3. Void and Voidable Marriages

    Art. 35. The following marriages shall be void from the beginning:

    (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

    (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

    (3) Those solemnized without a license, except those covered by the preceding
    Chapter;

    (4) Those bigamous or polygamous marriages not falling under Article 41;

    (5) Those contracted through mistake of one contracting party as to the identity of the other; and

    (6) Those subsequent marriages that are void under Article 53.
    _____
    the succeeding articles mention marrying relatives and such…

    i wonder what her lawyers will use? abangan!

  16. August 5, 2010 at 12:11 pm

    stardots! ganda ng name mo ;)) tama ka, yung mga nade-declare na psychologically incapacitated to sustain a marriage, di na dapat puwedeng mag-asawa. besides kung yan ang maging excuse ni kris, di ba yon makakasira sa image niya? pano na ang product endorsements? and pano na ang mga anak niya, growing up with a mother who’d be legally declared psychologically dysfunctional? poor kids.

  17. August 5, 2010 at 12:47 pm

    Ito ang excerpt ng balita sa secret marriage nila na dalawang beses pala ginawa.

    http://www.pep.ph/articles/13030/Kris-Aquino-and-James-Yap-Civil-Wedding/1/2

    BONDED AS ONE. Kris finally confirmed the rumor in April of 2006, also at The Buzz—yes, she was already Mrs. James Yap.

    The simple civil wedding as relayed by Kris took place in Boy Abunda’s Quezon City residence, with Mayor Sonny Belmonte sealing the union. The official date of the intimate ceremony was July 10, 2005 at 9:00 in the evening with close friends in attendance. Don Don Monteverde, Bambi Fuentes, JC Buendia and Roberto Arboleda shared the occasion with the glowing couple.

    “It was a special night. Beautiful. Casual kami,” recalled Boy Abunda when asked to describe the wedding.

    boy treated everyone with his own cooking of traditional Filipino dishes, mainly kare-kare and sotanghon.

    Apparently, James and Kris just repeated the ceremony as Kris revealed that they already tied the knot in May 28—a few days after they officially became an item.

    “We got our marriage license on May 30. But we repeated the civil ceremony on July 10,” Kris said at The Buzz.

    The revelation confirmed earlier reports that Kris and James already got married around last week of May when a source close to James’ family allegedly leaked out the information that a close aide of Kris traveled to Escalante to get the signature of James’s parents for the marriage certificate. ”

    oo nga alin ang gagamitin na reason para sa nullity ng marriage.

    hindi puwede ang 1-4. merong mariage license, congressman belmonte has the authority to solemnize marriage, there were signatures of the parents of james and the civil wedding was done not ONCE but TWICE (ala susan roces).

    both of them were single at the time of marriage.

    aabangan ng mga tao ito kasi ang daming mga annulment na matagal ng nai-file pero wala pang decision.

  18. August 5, 2010 at 1:26 pm
    stardots

    @angela salamat :D

    psychologically incapacitated to marry lang naman, let’s look at it at the bright side na lang. pwede pa rin naman siyang capacitated as a mom. pero kahit na, either way, kawawa talga children

    @the Ca t & @GabbyD twice pala sila nagpakasal? aba, parang naniniguro si Kris. cguro aatakihin niya yung May 28 na wedding kasi nga walang marriage license. pero kahit na, inulit nila eh. Baka hindi single si James yap. alala niyo yung buntis na girl nana chismis before? baka hindi yun girlfriend. baka asawa! haha bigamy na ang kaso. haha

    kaloka si Kris. at surely, exclusive story na naman yan ni Boy abunda! mahiya naman sana siya sa nanay niya. :(

  19. August 5, 2010 at 8:07 pm

    hay naku! just ignore that topic about kris and james problems..hehehe attention seeker kasi si kris kaya no wonder if gusto niyang palaging nasa first page ng interview and news…duh! buti nga iwan na yan sya ni james.hindi naman sya bagay doon dahil guapo and mabait samantalang sya matalino nga wala namang utak pagdating sa pagpili ng lalaki..she is always in love to anybody else na makilala niya lol…palaging in love kung kani kanino ..

  20. August 5, 2010 at 9:30 pm

    Totoo sabi nyo mga parts. Magulo talaga c krizzy. Hwag ngang tularan na iba. Kawawa ang anak pero sanay na xa kc d lng ngayun nangyari kundi my nauna pa. Pero kung ginamit nya delicadeza nya kung intelehente nga xa kaso, Burado xa dun. B O B O pa rin pgdating sa tamang decision.

  21. August 6, 2010 at 4:00 am
    angie

    Sa sagot niya kay Abunda, hindi daw sila pareho ng education and social standing ni James. Mas classy pa ngayon si probinsyano kaysa sa kanya na anak ng isang scion sa Philippines. She is a typical “PAKAWALA” at totally walang delicadesa. Anyway, whatever people say, balewala ka kanya kasi her brain is “down there”. The down under dictates her actions.

  22. August 6, 2010 at 9:21 am
    anon.

    kris has the spoiled bunso syndrome dont u think? shes the exact opposite of the abused child.

  23. August 6, 2010 at 9:53 am
    tiaongero789

    so, kung null and void from the start ang marriage, what becomes of baby james? child, out of wedlock? iow, bastard?

  24. August 6, 2010 at 4:28 pm
    manuelbuencamino

    Kris can go to bed with whomever she wants, in or out of marriage. It’s her body, it’s her life. What is this, manang morality is taking over this blog? Am I beginning to hear cluck clucking?

    And she can dump anyone she wants just like she can be dumped by anyone for any reason whatsoever.

    I find her irritating like I do Boy Abunda and Oprah so I just change channels when they’re on the air. Launching a morality crusade against her because she doesn’t fit out parameters is wrong. And injecting a rich vs. poor angle into it is even worse.

    Let her be. Live your own life. Para kayong mga manang.

  25. August 6, 2010 at 8:16 pm

    cmon manuelb, if she were NOT a very public and influential media figure, i would be the first to defend her right to live and love and chatter away any way she pleases

  26. August 6, 2010 at 9:15 pm
    UP nn grad

    Divorce should be legalized in Pilipinas.

  27. August 6, 2010 at 9:35 pm
    manuelbuencamino

    angela,

    just because she is a very public and influential media figure that changes everything? Is Kris supposed to behave like some kind of role model because she is a public figure? Anyway, I’m just expressing my thoughts.

  28. August 6, 2010 at 9:40 pm

    “cmon manuelb, if she were NOT a very public and influential media figure, i would be the first to defend her right to live and love and chatter away any way she pleases.”

    amen, angela.

    manuelb, do you hear the ringing of bells? allelujah.

  29. August 7, 2010 at 2:18 pm
    GabbyD

    from the internet:

    http://www.examiner.com/x-48710-Filipino-Celebrity-Headlines-Examiner~y2010m7d29-Kris-Aquino-and-James-Yap

    Atty. Katrina Legarda, family law expert and co-author of the book A Time to Love and a Time to Leave, explained that declaration of nullity of marriage means that the marriage “had no legal basis from the very start. ”
    Article 4 of The Family Code of the Philippines states that the absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).
    Art. 2. No marriage shall be valid, unless these essential requisites are present:
    (1) Legal capacity of the contracting parties who must be a male and a female; and
    (2) Consent freely given in the presence of the solemnizing officer. (53a)
    Art. 3. The formal requisites of marriage are:
    (1) Authority of the solemnizing officer;
    (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
    (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)
    According to Atty. Legarda, the case can be “either lack of marriage license or lack of authority of solemnizing officer.” Kris Aquino and James Yap have obviously fulfilled the other requisites, leaving only these two possible grounds.
    In the interview with Kris Aquino’s lawyers, Marie Lozano revealed that Kris and James got married in Boy Abunda’s house with then Quezon City Mayor Sonny Belmonte officiating the marriage before Kris got a marriage license from Makati City.

    _____
    so a mayor cannot solemnize a marriage?

  30. August 7, 2010 at 2:24 pm

    aha, thanks for this, gabbyd ;) been wondering what atty. legarda has to say

  31. August 7, 2010 at 7:17 pm
    emma

    KRIS KAPAG DI KA TUMIGIL, MAKAKADAMI KA NG ANAK, PALAGI MAY DEPOSITIO SA YO ANG BAWAT LALAKI NA MAGUSTUHAN MO, AKO BABAE DIN, PERO NANLILIIT AKO SA GINAGAWA MO NA PAGPAPARAMDAM SA LALAKI, PORKE BA AT MAY NAGUGUSTUHAN KA NA NGAYON, KUNG ANO ANO ANG MGA SINASABI MO KAY JAMES NA MASASAMA, WALA KANG IPINAGIBA SA PROSTITUTE, HALATANG HALATA KA NA NANGANGATI, GUSTO MO PALAGI MAY KAPALIT NA LALAKI, OR GUSTO MO LAGI KA PINAGUUSAPAN, WETHER GOOD OR BAD, BUTI NGA AT IKAW NA ANG NAGSIMULA NA MAKIPAGHIWALAY KAY JAMES, AT LEAST MAKAKAHANAP NA SI JAMES NG DESENTENG BABAE, MAHIYA KA NAMAN KAPATID KA NG PRESIDENTE, ON TV NANLILIGAW KA SA LALAKI, KUNG PAANO ANG GINAWA MO SA MGA PAST MO.

  32. August 7, 2010 at 7:47 pm

    “so a mayor cannot solemnize a marriage?”

    i know mayors can officiate marriage. what was lacking in James and Kris civil wedding was the marriage license that was obtained after the marriage.

    question is: why did the former now congressman belmonte did not require a license before doing the wedding ceremony.

    why did they not wait for the marriage license?

    lesson of the story to ladies as well as gentlemen, be sure you have a marriage license before the wedding ceremony or else your children will end up bastards if one of the couple have the marriage declared as null and void.

    But we ordinary mortals know that for sure since the license number is written in the marriage contract. (make silip of my MC).

  33. August 7, 2010 at 9:37 pm
    UP nn grad

    when divorce becomes legal in Pilipinas, then it is easier for the Kris Aquinos of the world to try two or three times to finally be with the love of their life. More important, it is easier for Pinays in Pilipinas to free themselves from getting beat senseless by their lawfully-wedded husband.

  34. August 7, 2010 at 11:03 pm
    Joy

    The problem with us is we keep on reporting public figures whatever they do and when they start defending themselves from incorrect or malicious rumors, they are blamed for seeking attention. How may normal regular people fall in love, live in and get pregnant everyday but they are spared all the malicious talks that people write about Kris. As Jesus said, he who is without sin can throw the first stone. So those who have been throwing stones but may be worst sinners than Kris can go to hell.

  35. August 7, 2010 at 11:29 pm

    @up nn grad: yes to a divorce law, but evenif we had one, paguusapan pa rin ang kasong ito dahil hindi solved until james agrees.

    @ joy: other public figures go to great lengths to keep their private lives private. in contrast kris goes to great lengths to make her private life public, and a lot of it rated-R, hindi pang primetime. if we said nothing, kids would think it’s okay, it’s cool, how she just keeps messing up and getting away with it. and it’s not. cool. as for “stones” and “sinners” i assure you, i’ve been bad but never that bad.

  36. August 7, 2010 at 11:38 pm

    @Angela: Psychological incapacity is legally unique to the couple. A may be legally incapacitated to marry B, so A and B’s marriage is void. A may nonetheless be psychologically capacitated to marry some other, such as C. That’s why Art. 36 is often seen as more or less the equivalent of divorce, even if it is not called that.

    As to the children of a marriage void as per Art. 36, the Code grants them legitimate status nonetheless (Art. 54). This is one provision that is quite “modern.” And children, legitimate or not, are entitled to support from their parents (Art. 195). Thus, a declaration of nullity does not mean that the children can no longer be supported.

    Lack of marriage license is a ground for declaration of nullity (Art. 34, Family Code). The Code does not seem to provide that the void marriage could be “cured” if the couple subsequently obtains a marriage license. Of course, if the couple subsequently has a church wedding with a proper license, then the church wedding is a valid marriage.

  37. August 7, 2010 at 11:48 pm

    ah so, thanks, orlando ;) so it’s practically a divorce law…but would a real divorce law make the process cheaper, at least? because if not then it remains out of reach of cash-strapped couples no matter how valid their grounds.

  38. August 8, 2010 at 12:25 am

    Yes, divorce can be made cheap, but it would have to be a no-fault divorce law. Once you inject fault grounds that require a finding of fact, any court proceeding is likely to be expensive.

  39. August 8, 2010 at 1:38 pm
    Ice Pogi

    Kris is a joke… she’s curving her own Filipina Image… Gusto nya sya ang tularan ng ibang kababaihan… Self centered tlga… Kya mababa ang tingin ng ibang bansa sa kababaihan natin… Ikaw ba naman na kilalang tao sasabihin mo sa media na may Tulo ka??? Nationwide broadcast pa. Kait sa politics pinapasok pah… Ilagay ba nmn sa pwesto mga gusto nilang tao w/out thinking kung may alam ba tlga sa field of expertise ung mga nagugustuhan nila. Boy Abunda ilalagay sa Tourism!!!! hahahah Now look whats happenin to our country. Prices going up again. Even sa mga import goods. Pati kmi mga Enthusiast ng pc nahihirapan na sa mga order namin na mga parts galing ibang bansa. Hoarding ng mga goods sa customs. Hindi ba Diktador ang gumagawa ng ganon. Yan ang mangyayari pag binabatikos nyo si Dyosa Kris… Sunbong nya kyo kay Kuya Noy d president… Speaking of kasal uso ba sa kanya ung ganon? solem what the hell is that. ginagawa lang nyang Trophy si james yap sa mga frienship nya, sasabihin nya “ang ganda ko noh? pinakasalan ako ni james yap… winner ba ako?” Sa madaling salita Immoral syang Babae. walang isang salita. Kung nabubuhay pa si Ninoy malamang mas pinili na lng nyang manatili sa US kung alam nyang mag kakaganito si Kris… “Ninoy and Cory left us with a great Legacy… But Kris Fuck it all up” Sayang…

  40. August 9, 2010 at 9:06 pm
    Brad

    I really felt sorry for James Yap with regards to their marriage separation with Kris. James is just a simple person and quiet type o person eventhough he is a popular basketball star. I know that James belongs to a poor family unlike Kris who has evrything and also being a celebrity. The only thing i noticed from Kris is that she ignored the family of James and never that the public saw their pictures with Kris and even at television.Masiyado niyang hinaharap sa publico si baby james but never she was together with James all the time. Minahal naman ni James ang anak nila including Joshua at ano pa ang gusto niya. She got all the bad advise from Boy Abunda kaya hindi tuwid ang pag katao ni Kris.

  41. August 10, 2010 at 4:46 pm
    Sunnyside

    @tiaongero789 :=) in ancient and civilized world, divorce was recognized to protect the child from being “bastardized or illigitimate”. Thats why Protestant Christians and Islamic civilized communities allows divorce and its only “Catholic hierarchy” who rejects such legal remedies to solve broken families. I have read that God has frowned on divorce but permitted it in heaven.

  42. August 10, 2010 at 6:34 pm
    Sunnyside

    tO manuelb=:-)I agree with your view. Diba sabi ni Ka Isko Balagtas: “O pag-ibig pag-pumasok sa puso nino man, hahamakin kahiit sino pa man!” We may love or hate Kris for her indiscriminate behaviour, but she has every right to exercise her human right which the women’s lib advocacy group is fighting for in an oppressive society. Comparing the socio-economic status of celebrities as role models opens the double-standard benchmarking of moral values. It is the fault of the mass media for exposing insensibilities that do not raise the standard of moral redeeming value of Filipino cultural traits just to entertain and increase the share of financial bottomline.

  43. August 12, 2010 at 12:36 am

    Update:

    So while we were analysing the reason for the nullity of marriage of James Yap to Kris Aquino, we were looking at the wrong cause.

    http://www.pep.ph/news/26443/-FIRST-READ-ON-PEP:–Kris-Aquino-Yap-officially-files–nullity-of-marriage–to-James-Yap

    “Based on the Family Code of the Philippines, under Chapter 3, Article 35, the marriage may be declared void if, “(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so….”

    As stated in Kris and James’s marriage certificate, which was obtained by PEP last July 19 from the National Statistics Office (NSO) in Quezon City, the solemnizing officer who signed the marriage certificate was a certain Rayda P. Tumaliuan, a minister of Holy Sacrament International Church.

    Kris, 39, was married to James, 28, under a civil ceremony at the house of her business manager Boy Abunda on July 10, 2005. In addition, the website of NSO showed that Tumaliuan was authorized as a solemnizing officer from January 1, 2004 to December 31, 2006.

    Although Tumaliuan has been authorized to solemnize a marriage on the period when Kris and James were married, another point may also be taken into consideration—one of the parties must belong to the religious sect of the solemnizing officer.”

    So all the while we thought it was former Mayor Belmonte who officiated the marriage.

    “BONDED AS ONE. Kris finally confirmed the rumor in April of 2006, also at The Buzz—yes, she was already Mrs. James Yap.

    http://www.pep.ph/articles/13030/Kris-Aquino-and-James-Yap-Civil-Wedding/1/2

    The simple civil wedding as relayed by Kris took place in Boy Abunda’s Quezon City residence, with Mayor Sonny Belmonte sealing the union. The official date of the intimate ceremony was July 10, 2005 at 9:00 in the evening with close friends in attendance. Don Don Monteverde, Bambi Fuentes, JC Buendia and Roberto Arboleda shared the occasion with the glowing couple.”

    So ano ba talaga teh? Nakakahiya nga naman kung masasangkot si Mayor Belmonte pero sangkot pa rin siya dahil hindi kinorek yong napublished.

    Ang alam ko ang mga secret weddings, quickie marriages ay ginagawa ng mga ministrong ito na wala namang simbahan pero valid naman ang marriage nila.

  44. August 12, 2010 at 1:14 am

    so teka teka, cat ;) from your comment aug 5/12:47pm:

    Apparently, James and Kris just repeated the ceremony as Kris revealed that they already tied the knot in May 28—a few days after they officially became an item.

    “We got our marriage license on May 30. But we repeated the civil ceremony on July 10,” Kris said at The Buzz.

    The revelation confirmed earlier reports that Kris and James already got married around last week of May when a source close to James’ family allegedly leaked out the information that a close aide of Kris traveled to Escalante to get the signature of James’s parents for the marriage certificate. ”

    so. there were two civil ceremonies. both are invalid?

  45. August 12, 2010 at 5:22 am

    angela,
    sa latest news, ang sabi:

    “As stated in Kris and James’s marriage certificate, which was obtained by PEP last July 19 from the National Statistics Office (NSO) in Quezon City, the solemnizing officer who signed the marriage certificate was a certain Rayda P. Tumaliuan, a minister of Holy Sacrament International Church.”

    so aling marriage ito, noong May 28?

    dahil kung yong July 10, si Mayor Belmonte yon at ang marriage license ay galing sa Makati a day after.

    Ako hindi naniniwala dito:

    “when a source close to James’ family allegedly leaked out the information that a close aide of Kris traveled to Escalante to get the signature of James’s parents for the marriage certificate. ”

    Walang pirma ang parents sa marriage contract.

    pumipirma ang parents sa parental consent na pakasal ang minor na anak.
    pag 21 hindi kailangan ang parental consent pero kailangan ang signed parental advice ng mga between 21 to 25.

    “Individuals between the age of 21 and 25, must “… ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license.”

    Sa marriage contract mga witnesses lang ang nakapirma. Sa atin ninong at mga ninang.

  46. August 12, 2010 at 5:27 am

    kung ito ay maapprove dahil isang ministro lang ng isang di kilalang simbahan (wala naman talagang simbahan ang mga ito) pero ang mga inooficiate nilang kasal ay valid, nakakatakot na maraming quickie marriage kagaya nito ang puwedeng ipadeclare na null and void dahil meron ng precedent. (tama ba ito, hindi ako lawyer).

  47. August 17, 2010 at 9:56 pm

    We know that promise should never broken. And yet she made a promise with her husband (James)in front of Cory Aquino. In the end, that promise they made has been broken. Who the first person make broken their promise? Is it Kris or James. Maybe Kris. Because of that reason for making broken the promise for divorce to his wife? After the death of Cory. Then she the one who forgot the promise. But what if Kris didn’t forgot but she really meant to broke that promise for just making divorce? Then after death of Cory when that promise they made past it was nothing after all. Death of Cory was wasted if that promise didn’t keep until they reach old age or elder or forever keep their family. I wish Kris never inlove someone instead FOCUS HIS FAMILY NOT TO ANYONE FOR JUST ONLY MAKE THAT DIVORCE BUT STUPID REASON FOR THAT!

    I hope everyone understand my English.

  48. August 21, 2010 at 4:57 pm
    Maria

    To Pinoys and Pinays,
    Leave Kris alone, she’s been through a lot of pain already. Remember James extra marital affair? Infidelity is one act difficult to forget. I am Pinay and married to an American man. They are great husbands and family men while Filipino men are pigs! They are wife beaters, abusers and alcoholics. Kris is a trophy and you people do not know how many American men would love to have a Filipino woman like her! Myn husband loves me to death and appreciates me and never lay a finger on me except on bed! Here in America, Filipino men are behaving well, alam nila how good Filipino wives are! So, zip your lips, Pinays martyrs should be a thing of the past. We live in a civilized world nowadays.

  49. August 22, 2010 at 5:11 pm

    maria correct ka jan.basahin mo ang mga nagcomment.its too obious na mga bitter ang mga to kc mga talunan.ang iba nmn ay parang mga pakawala ni willie revillame.cocoment lang ang mga yan kc di nila kya ang kya ni cristita.at di mo ba pansin bakit sino ang womanizer.who are the involve woman to james.ni wlw ako nabasa against kay duling.y puro kris.ngayon nagising si kris sa kagaguhan ni james nagkakaingay kayo.kris i am not saying na tama ang ginawa mo.tama lang yan sa mga lalaking di masatisfied.user din yan eh.wala na silang pakialam kung nakapila man ang mga lalaki mo.basta ang feel ko kya ang mga nagpost jan mga natalo ni pnoy.i lovem you guys.ipakita mo na may laya na rin ang mga girls.boys lang kc ang gusto mannakit.tama lang yan sa mga manyak na asawang lalaki.wag ng pamarter ang mga babae na niloloko ng lalaki.tama lang kris na gantihan mo yang duling na yan.

  50. August 23, 2010 at 2:41 pm
    Maria

    Thank you Inday Cherrie.
    It is about time a strong woman like Kris set an example for Filipino women, we (Pinays) are not punching bags, we have feelings, we get hurt, we are humans! Kris made her way to the top, she is a self-made multi millionaire, rich, pretty, independent and famous! And she (and all Pinays) deserves all the respect, support and love that they deserve. I’m sure glad I did not marry my ex-Pinoy bf. When I go home to the (my beloved) PI, I only hear bad doings of him – womanizing, inuman with barkadas and his poor wife is always bugbog-sarado. What an awesome example for his children! While I am very happily married with my faithful husband (he said he can’t do it with aybody but me) blessed with beautiful children. I wish all the Pinays to be happy and treated well. While it may take a long time for the Phils. to get truly civilized, let Kris leads the way. She is very bright and intelligent and hey, she and her children will look good on our postcards and stamps!

  51. August 31, 2010 at 4:31 pm
    ang

    1. stuart santiago, you are right, ma annul naman siya, no big deal

    2. same thing, nasabi ko rin sa anak ko, na naka baby na siya ke philip at ke james, sino pa ang susunod. she is really not a good example

    3. nasabi ko rin sa anak ko that kris is not really sad sa annulment niya. i already notice her eyes is indeed sparkling even before i read your ariticle, you article confirm my doubts, tsk tsk

    4. ang dami diyan dapat ma annul, hindi ma annul annul

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