Q. Hi Sir, Good day! I’ve been a reader of your “BATAS PINOY” . You impressed me with your straight and direct advice and point of view with supporting codes and articles of the weeks’ issue.
I did not think twice in deciding to approach you regarding my family concern. I was served a summons and given a limited time to respond and to be honest, I need your advice regarding this matter because I don’t know how to handle this and my need of an excellent family lawyer like you is compelling.
My heart is pounding and angry with all the lies I’ve read in the summons and the petition for Declaration of Nullity of Marriage filed by my ex-husband in the Philippines. The summons was served to me in our province despite of the knowledge of my ex-husband that I am a resident of Canada. They just don’t stop disturbing me and my family.
I need your assistance so badly. Thank you so much! God bless! Truly yours. Ms.OL.
Ans: Hello Ms. OL. Your immediate course of action is to reply and comply with the summons. However, replying or answering this petition, requires the professional services of a lawyer.
In as much as you are based in Canada, I suggest you ask your close relatives/family back home that you can trust in your province , to engage the services of a lawyer, preferably based in your home province of Benguit, to answer and/or oppose the petition filed by your husband for the Declaration of Nullity of your marriage. I suspect that the petition is anchored on the ground of Psychological Incapacity, under Art. 36 of the Family Code.
Then ask your lawyer to draft the answer and send the document by email or by courier to you in Canada for you to sign and have it authenticated by the Philippine Consulate here in Canada. And send it back to your lawyer for filing in the Regional Trial Court(RTC) .
Meanwhile, as time of the essence, as you only have 15 days from receipt of the summons to file your answer, you can ask your lawyer, to file a Motion for Extension of time to file your answer/opposition before the RTC , on the ground that you are out of the country and it will take a while for you to file your answer on time as prescribed in the summons.
Looking forward you’ll find the above in order. Thank you for being part of the “GLOBAL PINOY BATAS COMMUNITY.”
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