Res Adjudicata and Annulment in the Philippines

An interesting situationer was posed to me by a colleague: What if annulment were denied , can the petitioner at a later time refile for annulment on the ground of a change in the situation of the parties, as when the other has left the country and has not complied with his/her marital obligations??Normally, civil or family law cases after they have become final is binding as between the parties and the whole world and could not be filed again because the decision is already final. An example is an action for collection of money. Once a decision ordering a party to pay another a particular sum of money becomes final, that generally cannot be refiled again. Otherwise, there would be no end to litigation. But is marriage gone bad the same thing. Our submission is that the doctrine should not be applied to annulment cases because a marriage is by nature a dynamic concept. The respective situations of the parties change from one moment to the next. There are just too many factors that can go wrong in a marriage such that the application of the doctrine of res adjudicata would be ridiculous and a legal abnormality. Hope to hear from our readers on this matter.

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  1. my case is similar to the above situation. six months before i filed my petition, i was employed in manila and lived in a room (approx. 2.5meter by 3meter) of 4 roommates as bed spacer. my 2 kids are in school in my hometown/birth town in the province living with my parents. after my contract expired, i went home and filed my annulment. the decision for denial cited my petition should have been dismissed for lack of required residence of 6 months before filing. is the court right? is my bed space my residence or the town where i was born and where my children are, or both? i have proofs of regular support to them from my bed space address.
    also, everything i presented, the court found to be ground only for legal separation when i am already “illegally separated single parent without spouse/child support” since my youngest/ 2nd child is 6 months old, now she is 18. my batterer never appeared in court and in reply to summons, he sent crazy hand written letters to the court which the court did not mention in the decision. a psychiatrist found him with antisocial disorder. still, the court dismissed my petition. i received the decision when i was depressed with my situation, so down, broke, confused, i was beginning to have nervous breakdown. i was not aware of the 15day deadline to file an appeal and even if i know i don’t have the money and i was so emotionally weak. am i doomed forever because of technicality? can i not appeal the decision now when i am more stable, prove that my batterer is insane? please guide me to the venue where i can get justice i believe i deserve after raising my children well as a single mother.

  2. my case is similar to the above situation. six months before i filed my petition, i was employed in manila and lived in a room (approx. 2.5meter by 3meter) of 4 roommates as bed spacer. my 2 kids are in school in my hometown/birth town in the province living with my parents. after my contract expired, i went home and filed my annulment. the decision for denial cited my petition should have been dismissed for lack of required residence of 6 months before filing. is the court right? is my bed space my residence or the town where i was born and where my children are, or both? i have proofs of regular support to them from my bed space address.
    also, everything i presented, the court found to be ground only for legal separation when i am already “illegally separated single parent without spouse/child support” since my youngest/ 2nd child is 6 months old, now she is 18. my batterer never appeared in court and in reply to summons, he sent crazy hand written letters to the court which the court did not mention in the decision. a psychiatrist found him with antisocial disorder. still, the court dismissed my petition. i received the decision when i was depressed with my situation, so down, broke, confused, i was beginning to have nervous breakdown. i was not aware of the 15day deadline to file an appeal and even if i know i don’t have the money and i was so emotionally weak. am i doomed forever because of technicality? can i not appeal the decision now when i am more stable, prove that my batterer is insane? please guide me to the venue where i can get justice i believe i deserve after raising my children well as a single mother.
    my events:
    August 1988 in 2nd week i met my ex in my first job, i was 22, he was 35
    October 1988 in 2nd week we visited a marriage booth at YMCA
    October 1988 in 3rd week we got married without applying for marriage license
    October 1988 in 4th week i got my first black eye, then battered every week thereafter
    January 1990 i had my first child
    February 1992 i had my second child
    August 1992 i am no more battered wife syndrome, i went into hiding.

  3. my case is similar to the above situation. six months before i filed my petition, i was employed in manila and lived in a room (approx. 2.5meter by 3meter) of 4 roommates as bed spacer. my 2 kids are in school in my hometown/birth town in the province living with my parents. after my contract expired, i went home and filed my annulment. the decision for denial cited my petition should have been dismissed for lack of required residence of 6 months before filing. is the court right? is my bed space my residence or the town where i was born and where my children are, or both? i have proofs of regular support to them from my bed space address.
    also, everything i presented, the court found to be ground only for legal separation when i am already “illegally separated single parent without spouse/child support” since my youngest/ 2nd child is 6 months old, now she is 18. my batterer never appeared in court and in reply to summons, he sent crazy hand written letters to the court which the court did not mention in the decision. a psychiatrist found him with antisocial disorder. still, the court dismissed my petition. i received the decision when i was depressed with my situation, so down, broke, confused, i was beginning to have nervous breakdown. i was not aware of the 15day deadline to file an appeal and even if i know i don’t have the money and i was so emotionally weak. am i doomed forever because of technicality? can i not appeal the decision now when i am more stable, prove that my batterer is insane? please guide me to the venue where i can get justice i believe i deserve after raising my children well as a single mother.
    my events:
    August 1988 in 2nd week i met my ex in my first job, i was 22, he was 35
    October 1988 in 2nd week we visited a marriage booth at YMCA
    October 1988 in 3rd week we got married without applying for marriage license
    October 1988 in 4th week i got my first black eye, then battered every week thereafter
    January 1990 i had my first child
    February 1992 i had my second child
    August 1992 i am no more battered wife syndrome, i went into hiding.
    September 2006 my employment in manila expired
    November 2006 i filed my annulment in my home province
    February 2009 the court dismissed my petition

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