Monday, December 26, 2005

Kristine Hermosa wants to make amends with Echo, Mom...

"Sana kausapin na ako ni Echo, sana maging friends ulit kami." Kristine Hermosa surprised the press when she suddenly opened up about her rift with former beau and loveteam Jericho Rosales (who is now happy with Panday co-star Heart Evangelista). She didn't say why.

Then, she suddenly burst into tears when asked about her message to her family this Christmas. "Sana magkabati-bati na, magmahalan na lang tayo." Tin-tin hasn't spoken to her mom in two months since she went back to Diether Ocampo's arms. Her mom reportedly doesn't approve of Diet. "Karapat-dapat naman talaga siya (Diet), sana nandyan lang siya, sana maging strong kami para sa isa't isa."

No doubt, the Kristine-Diet romance is one of the top newsmakers of the year after the two secretly tied the knot in a civil wedding in Nueve Ecija. The two never admitted they got married even as Tin-Tin sported a huge diamond (engagement?) ring and what seemed to be a wedding band on her finger. But Tin-Tin did talk about having the marriage "nullified" and not "annulled" (though I'm not sure what the difference is -- can a lawyer help me here?), meaning, there was a wedding after all.

The question now is, if she had the wedding nullified, why is she back with Diet? Kristine tried to explain that the petition for nullification is nothing personal but merely a legal matter. She said she can't expound on the issue further since the matter now is in court and "hindi ko ma-explain kase naguguluhan din ako."

What's important for Kristine now is that she is happy with Diet. "Siya pa rin ang mahal ko at wala akong pinag-sisisihan."

Ayun na! Abangan ang susunod na kabanata!


gail said...

hi nina! i'm so glad my friend shared your blogspot address with me. i've always liked your reports. and now this!

as you said, this is your blog. keep blogging!

lawspeak said...

Hi, Nina. Allow me to help-out :)

First, we should understand the difference between a void marriage and a voidable one as to proximate what Ms. Hermosa really meant when she spoke of "nullification” of her marriage.

The absence of any essential or formal requisites renders the marriage void ab initio, except those marriages, under Article 35(2) of the Family Code which was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so. Whereas, a defect in any of the essential requisites renders the marriage a voidable one.

Essential requisites, which should be present at the time of celebration of marriage, contemplate of legal capacity of the contracting parties who must be a male and female and their consent must be freely given. While the formal requistes contemplates of the presenceof an authority of the solemnizing officer, a valid marriage license and a marriage ceremony.

But an irregularity in the formal requistes will not affect the validity of the marriage.

In void marriage, a judicial declaration is not necessary to establish its invalidity but for purpose of remarriage, there must be judicial declaration of NULLITY, whereas in a voidable marriage, a judicial declaration is necessary, thus, to avail it one files for ANNULMENT.

Given the above and using it as parameters, anyone may try to take a crack on proximating what Ms. Hermosas’ nullification is all about :)

lawstudent explains said...

hello ms. nina, I think Ms. Law Speak is correct but to make it clearer for you, in layman's:)

I am a student of law and from what I understand from the word NULLIFICATION is to render INEFFECTIVE. Another term for NULL is VOID where "null and void" is a redundancy. ANNULMENT is making the MARRIAGE VOID FROM THE VERY START (AB INITIO) as if it never existed and NULLIFICATION is AN ELEMENT OF ANNULMENT.

However, Ms. Hermosa says she is filing for NULLIFICATION and not ANNULMENT. The reason is, she is speaking of a different use of the term NULLIFICATION, that is to officially declare that it a void marriage. This means ANNULMENT of her marriage with diet is not the APPROPRIATE REMEDY since it was already a VOID MARRIAGE. You can ONLY ANNUL a MARRIAGE THAT is VALID. (Don't be confused with the terms voidable and void marraiges. VOIDABLE is still a VALID MARRIAGE that can be VOID in the future).

Since Ms. Hermosa is filing for NULLIFICATION and according to ms. LAWSPEAK it is a "judicial declaration" meaning to MAKE IT OFFICIAL THAT SHE HAD A VOID MARRIAGE and she would be able to marry again (In our law, even if you have a void marriage, you need a court's declaration as the ULTIMATE PROOF that you had a void marriage. A mere declaration from a lay person would not make it official) .

WHY IS IT A VOID MARRIAGE? If any of these 2 are absent at the TIME Tin and Diet celebrated their marriage:
1. Legal capacity of Kristine and Diet who must be male and female
2. Consent not freely given in the presence of the solemnizing officer (who was Mayor Esquivel).

What is Legal Capacity? Answer: They should be of different sexes since procreation cannot be realized by two persons of the same sex; Minimum age is 18; If 18 to 21, it still needs a parental consent; If it has an impediment, i.e. an incestuous relationship, or your adopted son marrying your biological daughter, or killing X's spouse inorder to marry X (there are still more impediments but I am just citing examples for you to understand what "legal impediment" means).

When is consent not freely given? Aside from the use of threat, force and intimidation an example would be a marriage in "jest" with no intention on the parties to be bound but got married anyway or a marriage in the movies or in a TV or stage play.

Crystal? :) I hope.

Anonymous said...

uy, galing... thanks for explaining your honors. Ako nga rin nagtataka what the difference is sa nullification or annulment. Pero malabo ata na nullification ang gusto ni Kristine.. bakit, parehong sex ba sila? Or drugged siya nung nagpakasal sila?

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