Annulment and Custody Issues of a Former Escort Girl

Dear Atty. Jeanie S. Pulido,


I am a 20 year old female. I got married in 2004 when i was 18 years old. My husband was a student back then and I had to stop school because I was pregnant. My son is now 2 years old.

Summer of last year, my husband was busy with school, and did not have any time for me and his son. He never gave money for our child's diapers or milk. Although I was at my parents' home, I was desperate to support my son, and I could not ask my parents because they would think my husband was no good. I decided to be an escort girl to earn money fast. In short, I had extra-marital sexual relations with no strings attached except for cold cash. My clients were from chatrooms from the internet. Affter a few encounters I gave up and quit. I felt guilty, and resumed life like normal. My parents came home from abroad and supported my schooling, and my husband found a job so he gives me money once in a while.

Recently, my husband recieved an email from an unknown sender calling me "slut". It described all my attributes like "flat chest, stretchmarks" and there was no way of denying. I admitted to him of my being an escort girl, and my husband cried. He said he would forgive me and we could start over. But since then, he has been depriving me of my rights as his wife. I can no longer ask where he is going, or who he is with, or what he is up to. I can no longer voice out my frustrations when I am disappointed. Because he keeps bringing back the past.

I have not really been happy with him. He is addicted to pornography. He is childish and very irresponsible. He spends his time and money on card games at the mall. When he is angry, he locks me up in a room even though I am hungry or have an exam at school. He always curses me and my family. He leaves me crying all night and hurts me more.

Though he seemed to hate me, he still does not want to let me go. He threatens me that if I leave him, he would tell our families what I did, and the custody of the child would be with him.

I would like to live my life like a normal person again. I have changed. I turned away from my mistakes. I regretted them. I was sorry. But my husband cannot give me a chance. I cannot bear to live with him anymore. I would like our marriage annulled. My fear is that because of my past, I might lose custody over my son.


Please help me with this. I am in dire straits. Things are getting physical and more complicated. I hope we get the chance to talk.

Thank you so much.


More power to femalebattle.net!

Marissa

Atty. Jeanie S. Pulido's Reply:

Dear Marissa,

It appears from your marriage certificate that you were only 18 years old when you got married in April 2004. You did not state whether you obtained your parents' consent when you got married.

Article 45, paragraph 1 of the Family Code states:

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

Article 47 paragraph 1 of the Family Code provides for the prescriptive period for filing the petition for annulment of marriages falling under Article 45 paragraph 1, to wit:

Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one;

If you got married without obtaining your parents's consent, your parents can file the petition for annulment of your marriage between now and before you turn 21 years old. On your part, you can file a petition for annulment of your marriage (to the exclusion of your parents) once you attained the age of 21 but before you turn 26 years old.

Your marriage certificate states that you had a marriage license issued in Manila when you got married. I suggest you check with the Civil Registry of Manila whether the marriage license mentioned in your marriage certificate was indeed issued in your name and in the name of your husband. If it would turn out that the marriage license does not belong to you and your husband, then you have the alternative ground of suing for declaration of nullity of your marriage on the ground that your marriage was solemnized without a marriage license.

Regarding your son, I understand he was conceived when you were merely 17 years old. Your son is then an illegitimate child and your subsequent marriage to your husband did not legitimze him. Being an illegitimate child, your son should be under your parental authority.

If you think you can no longer bear living with your husband under one roof, I suggest you transfer residence (bring your son with you) then you file a case against your husband for violence against women. You can secure a Temporary Protection Order and this would prevent him from going near you and your son. If you have available ground/s, at the proper time, file a petition for annulment or declaration of nullity of your marriage.

Very truly yours,

Jeanie S. Pulido

Attorney-at-Law
Unit G-07 Antel Seaview Tower A,
2626 Roxas Boulevard, Pasay City,
Metro Manila, Philippines

Tel No. (632) 5517673
Telefax No. (632) 5517662

Email: jsplaw@philonline.com

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