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RULE 70
FORCIBLE ENTRY AND UNLAWFUL DETAINER

Section 1. Who may institute proceedings, and when.Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs.

Read more: Ejectment Cases:Forcible Entry or Unlawful Detainer

Under Philippine jurisdiction, divorce is not an option of ending the validity of a marriage. Even if a divorce decree is validly acquired by a Filipino in a foreign country, will not in effect dissolve his marriage. On the other hand, it shall be different in case of marriages between a Filipino and a foreigner and the divorce decree was obtained by the foreigner spouse.
Paragraph 2, Article 26 of the Family Code of the Philippines provides:
“Article 26. xxx
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce decree is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law.”
The divorce decree shall not be automatically recognized here as our courts do not take judicial notice of foreign laws and judgment. It shall be necessary first to prove and allege both the divorce decree and your national law according to our law on evidence (Garcia vs. Recio, GR No. 138322, October 02, 2001).
To have the divorce recognized here in the Philippines, your ex-wife shall need to file a petition before our courts for the recognition of the divorce decree that you obtained in your country. She must be able to prove in the said petition the divorce as a fact and demonstrate its conformity to your law which issued it. It must also be shown in the petition that you were also given the capacity under your laws to remarry by virtue of the divorce decree that was issued to you (Republic vs. Orbecido, GR No. 154380, October 05, 2005).

Legal Separation vs. Annulment of Marriage

In legal separation, the husband and wife are still considered married to each other, and, thus, barred from marrying again.

Is legal separation faster and cheaper than annulment?

No. The petitioner in a legal separation, just like in an annulment, is still required to prove the allegations contained in the petition. More important is the mandatory 6-month “cooling off” period in legal separation cases. This is not required in annulment or declaration of nullity cases. The court is required to schedule the pre-trial conference not earlier than six (6) months from the filing of the petition. This period is meant to give the spouses an opportunity for reconciliation.

What are the grounds for legal separation?

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.

2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.

3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.

5. Drug addiction or habitual alcoholism of the respondent.

6. Lesbianism or homosexuality of the respondent.

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.

8. Sexual infidelity or perversion.

9. Attempt by the respondent against the life of the petitioner.

10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

The term “child” shall include a child by nature or by adoption.

Do you want to annul/nullify  your marriage?

In order to guide you in the whole process of annulment or nullity of marriage, please read the following:

Is petition for declaration of Nullity Marriage the same as Petition for Annulment of Marriage?

No. The grounds for Petition for Declaration of Nullity of Marriage are that of Articles 35, 36, 37, 38, 41, 53 of the Family Code of the Philippines while the grounds for Petition for Annulment of Marriage are that of Article 45 correlated with Article 46 of the Family Code of the Philippines.

The lawyer will study your case based on the statement of facts disclosed upon him/her. Tell the truth and trust your lawyer. It will be the job of your lawyer to defend you and it is his/her job to arrange information revealed upon him/her and decide which information to state in your petition and which one to omit if the same is not necessary.

Read more: Part I:Frequently Asked Questions on Annulment Law

A. Drafting and filing in court of the petition.
It can be filed, at the choice of the petitioner, in the Court, which has territorial jurisdiction over the petitioner's or the respondent's residence, six months before to the date of filing. If the respondent is a non-resident, the petition can be filed in the place where can he be found.
B. Issuance of Summons.
In other words, this is the service of summon to the respondent. It is the process on which the court can be able to obtain jurisdiction over the respondent. In case the respondent cannot be found at the stated address and cannot be verified by diligent inquiry, summons may be done by publication. This is really important considering that the court may not legally proceed and render a valid decision in the absence of a valid service of summons.
C. Answer of the Respondent.
15 days from service of summons or within 30 days from the last issue of publication in case of service of summons by publication, the Respondent has the right to file an answer. In case an answer is not filed by the respondent he shall not be declared in default, but the government prosecutor is obliged to investigate if there is collusion between the parties.

Read more: Annulment Process

Annulment of Marriage in the Philippines is the designation given by the common people to all court proceedings concerning dissolution of marriage. Nevertheless, the truth is annulment proceedings are only those cases within the purview of Article 45 of the Family Code of the Philippines. The other proceeding is the declaration of absolute nullity of marriage or just nullity of marriage in short, which is within Article 35 (Absence of Formal and Essential Requisites of Marriage), Article 36 (Psychological Incapacity) Article 37 (Incestuous Marriages) and Article 38 (Void by reason of Public Policy) of our Family Code.

Read more: Annulment of Marriage in the Philippines