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JD Consultancy and Legal Solutions, Dasmarines (2026)

Our innovative approaches create original solutions to our clients' most complex legal concerns and disputes. JD Consultancy and Legal Solutions is a company established to provide high-quality and efficient consulting services and legal solutions to clients and Partner Lawyers and reputable Law Firms. The company team aims to provide clients with above satisfactory experience on their respective

legal needs. The company secures complete legal services from any given time and in any given place in the Philippines.

11/08/2022

Let us distinguish the difference between vs. of of Marriage vs. Separation.

of Marriage (It is valid until annulled-The marriage between the parties existed). Grounds are as follows:

The party is 18 to below 21 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.

* A party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
* That the consent of either party was obtained by fraud unless such party afterward, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife.
*That the consent of either party was obtained by force, intimidation, or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife.
*That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable such was not disclosed to the other party.
*That either party was afflicted with a sexually transmissible disease found to be serious and appears to be incurable and such was not disclosed to the other party.

Declaration of Nullity of Marriage (Marriage is void ab initio or void from the very beginning). There is no marriage to speak of!! Grounds:

* One or both parties are minors.
* Lack of authority of the solemnizing officer unless either or both parties believed in good faith that the solemnizing officer had the legal authority to do so.
* Lack of marriage license, except if there was cohabitation for 5 years prior the marriage and there is no legal impediment for them to marry each other.
* Bigamous or polygamous marriages.
* Those contracted through mistake of one of the contracting parties as to the identity of the other.
* Incestuous marriages as defined in Article 37 of the Family Code.
* Void marriages by reason of public policy (between step-parents and step-children, between adopting parent and adopted child).
* Psychological Incapacity in relation to Art. 36 of the Family Code.

Legal separation (merely the separation of spouses from bed and board - Article 63 of the Family Code) While it permits the partial suspension of marital relations, the marriage bond still exists. Grounds are as follows:

* Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.
* Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
* An 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.
*Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
*Drug addiction or habitual alcoholism of the respondent.
*Lesbianism or homosexuality of the respondent.
* Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippine or abroad.
*Sexual infidelity or perversion.
*An attempt by the respondent against the life of the petitioner.
* Abandonment of petitioner by respondent without justifiable cause for more than one year. (Article 55 of the Family Code of the Philippines).

FEEL FREE TO LET US KNOW ANY LEGAL CONCERNS YOU MAY HAVE!!Services Offered!

of Marriage
of Foreign Judgment

Cases
or

Management

02/08/2022

How to file an Annulment or Nullity of Marriage? Below is a simple guide which may vary case to case basis!

1. Preparation of a Petition + Psychiatric Evaluation. The client goes to the lawyer and discusses his/her case. After conferring with the lawyer and submission of all of the requirements, the lawyer will draft the petition for declaration of nullity of marriage.
If the ground for the declaration of nullity of marriage is psychological incapacity, it is advisable to secure the services of an expert witness (psychologist/psychiatrist) at this stage. The expert witness will later on testify on the psychological incapacity of the petitioner and/or the respondent. It is also advisable that the executive summary of the report of the expert witness form part of the petition.
2. Filing of Petition. The petition is filed before the Central Office of the Regional Trial Court. Cases involving marriage and family matters will be raffled only to designated Family Courts. This will take about a week. After the raffle, the petition will be forwarded to the selected court.
3. Summons. The court will issue summons one or two weeks after the case is raffled. The respondent has 15 days to file his/her answer. In some instances, the lawyer of the respondent may ask an extension of 15 days to file his/her answer or any pleading.
4. Notice to the Office of the Solicitor General (OSG). The court will issue an order requiring the petitioner to submit copies of the petition to the OSG and the prosecutor assigned. Note, however, that under pertinent rules, a copy of the petition should be furnished to the OSG within 5 days from filing thereof.
5. Collusion Hearing. The judge will order the prosecutor assigned to the case to investigate whether collusion exists between the parties and if the evidence submitted is not fabricated or suppressed. The prosecutor is usually given 20 days from receipt of the order to investigate the parties. The report of the investigation of the prosecutor should be submitted 10 days after the 20-day period.
6. Preliminary Hearing/ Pre-Trial Order. The court will hold a preliminary hearing, which requires both parties to attend. A pre-trial order will be issued. Usually the preliminary hearing is called about two to four months after the filing of the petition.
7. Hearing. This is the time when the petitioner will present his/her evidence of psychological incapacity. The number witnesses will depend on the case, but usually, two to three witnesses will be enough, if the case is not contested (meaning, the respondent will not object). The witnesses will be the petitioner herself/himself, the expert witness and one collaborating witness.
Below is the order of presentation of evidence:
a. Presentation of the petitioner herself/himself
• Direct examination of the petitioner by her counsel
• Cross-examination by the State
• Redirect examination by the petitioner’s counsel
• Re-cross-examination by the State.
b. Presentation of the psychologist or psychiatrist
• Direct examination of the petitioner by his/her counsel
• Cross-examination by the State
• Redirect examination by the petitioner’s counsel (if necessary)
• Re-cross-examination by the State (if necessary)
c. Formal Offer of Exhibits
d. Comments/Objections to the Formal Exhibits by the State Prosecutor
• The prosecutor is given an opportunity to comment or object to the offer exhibits. (10-15 days from receipt of the Formal Offer of Exhibits)
8. OSG Certification. An order will be issued directing the OSG to issue a certification briefly stating its reasons for its agreement or its objection to the petition within 30 days from the receipt of the said order. Likewise, the petitioner will be directed to submit all exhibits and transcribed stenographic notes to the OSG within 7-15 days from receipt of the order.
9. Decision. The Court will then issue an order that the case is submitted for resolution. The decision may be released 30-90 days after the said order is issued.

FEEL FREE TO REACH OUT TO US FOR ANY QUESTIONS / CLARIFICATIONS YOU MAY WISH TO ASK!!

Other Services Offered:

of Foreign Judgment / Divorce

Management
Law

20/07/2022

For everyone's info!

There is NO such thing as "Marriage Deletion or Pahugot" , obviously, that is illegal and tantamount to Fraud. Only the Court has the authority to declare a marriage void through a court proceedings. Further, even the Court will NOT order the PSA to delete such marriage since that is a public record. A court decision will only be annotate on the Marriage Certificate that such marriage is void.

There is no such thing as "NO APPEARANCE" . The Petitoner is presented during the course of the trial to get his/her direct testimony in support of the annulment case. The court may excuse a Petitoner from testifying only on extra-ordinary circumstances and a corresponding motion and hearing will be scheduled to that effect.

06/07/2022

Here is what you need to know! The use of a Psychiatrist when using Art. 36 as ground in an annulment case is NOT MANDATORY! Yep, you heard it right! Hindi mandatory at pwedeng maiwasan ang dagdag gastos sa Kaso!.

In the case of Tan-Andal v. Andal, the court defined “psychological incapacity” as a personal condition that prevents a spouse from complying with fundamental marital obligations toward a specific partner and that may have existed at the time of marriage but became evident only through behavior subsequent to the marriage ceremony.

x x x “Therefore, the testimony of psychologist or psychiatrist is NOT mandatory in all cases. The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage,”

Please feel free to reach out to us for any questions or clarifications you may wish to us!

04/07/2022

Can you think of a best defense to a case for Marriage? Ask us now and we will be happy to share some solutions!

In Luisito Pulido vs. People (GR 220149, July 27, 2021) "x x x Clearly, when the first marriage is void ab initio, one of the essential elements of bigamy is absent, i.e, a prior valid marriage. There can be no crime when the very act which was penalized by the law, i.e. contracting another marriage during the subsistence of a prior legal or valid marriage is not present. The existence and the validity of the first marriage being an essential element of the crime of bigamy, it is but logical that a conviction for said offense cannot be sustained where there is no first marriage to begin with. Thus, an accused in a bigamy case should be allowed to raise the defense of a prior void ab initio marriage through competent evidence other than the judicial decree of nullity. x x x In the same manner, when the accused contracts a second or subsequent marriage that is void ab initio, other than being bigamous, he/she cannot be held liable for bigamy as the effect of a void marriage signifies that the accused has not entered into a second or subsequent marriage, being inexistent for the beginning. Thus, the element, that he or she contracts a second or subsequent marriage is lacking.

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of Marriage
Recognition of Foreign Divorce (RUSH)

Real Estate Transactions
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Reconstitution of Title
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Feel free to message us and we are more than happy to assist and provide you quick land efficient legal solutions!

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