under article 85 of the civil code.... (a journey into the unfamiliar)

Category: musings

it's always an interesting experience to be thrust into an unfamiliar territory.
since i can access the UP library, a friend of mine requested help in researching about annulment of marriages . so i went to Malcolm Hall (the corridors of which I haven't set foot in before). yesterday was the last day of classes for the year so the law library was sparsely populated. in the first floor there was just one guy seated, reading his books. the walls were covered with archaic books gathering dust, i made a quick scan and found some interesting titles. One was about teachers: demographics, current state, needs, etc. Good! I got it and took it to a nearby table and browsed, partly because it was interesting (hey, i really wanted to know the state of teachers in the country) and partly for appearance's sake. it was my cover. i had to look like i was busy, that i know what i'm doing and that i didn't come here knowing squat about the place and have absolutley no idea where i can start searching for my materials of study. what?! a girl has to keep appearances heheh. I needed to stall for time, sit down and get the bearing of the place. casing the joint so to speak and play my strategy in my head. who do i ask, how do i phrase my question, all that jazz... with the objective of minimizing the raising of eyebrows and incredulous looks. ok, there, i bought enough time.

2 women were seated inside the circulation area... close in on the prey ...
"miss, excuse me, where can i find sample documents of petitions for annulment? I'm doing research for a friend.. " Of course i had to put that in.. :-) just to make things clear...
"ah! you need legal forms, third floor" was her adequate reply.
ok! third floor ... got the location.
surveyed the place : more shelves with more dusty books ..
i had the feeling that the books within my reach are not the ones i need.
look around.. look around ....ok, there's a photocopying section, great! when i get the forms i can have them copied.
i asked the person behind the counter (there's always that fear of me saying something vague or incorrect and her not understanding; or she might ask supplement questions that will seem like Greek to me)
but here goes ....i asked for the forms and she asked:
"local?"
i answered: "uh ...yes"
and she gave me 3 books with really long titles, one is by Tanada
after a few scans at the TOC i was able to get the forms that i needed, examined the footnotes and i was pointed to the articles in the civil code containing the grounds for filing annulment.
i returned the 3 books after photocopying and asked for the books of civil code, i said i needed the ones with article 85-91
he asked.. "by who? "
i said, "I don't really know, i just want the counter reference here.." and i pointed him to footnote of the annulment legal form
he nodded in understanding and disappeared for a while behind the shelves, re-emerging afterwards carrying a heftty maroon book containing articles 1 - 115.
i zeroed in on the terms and conditions for filing annulment and had them copied. as i surveyed the forms i also got some useful ones for myself: contract on apartment leases etc. and had them copied too. it's pretty hard drafting a believable contract by yourself. lawyers have their own lingo that's not easy to fake, i mean i wouldn't know where i should insert my whereas, hereinafters, and herebys hehehe.

the stuff i was able to get was pretty interesting. now i know that there are six probable grounds for annulment, 'kay might as well share it with everyone, but i do hope none of you will have a need for this knowledge at any point in the future :-)
1) non-age (below 18)
2) unsoundness of mind (includes intoxication w/c results in lack of mental capacity and unsoundness of mind due to drug addiction)
3) fraud
4) force, intimidation, or undue influence (i guess shotgun weddings fall in this category)
5) impotence
6) STD (if incurable)
then there were sample cases that really happened to illustrate how each of these were implemented.

i scanned the rest of the articles on the family code and i suddenly wanted to know all my rights. i mean, woah! this is power too! feeling mo hindi ka maloloko ng kahit na sino kasi alam mo yung batas. and not just for heavy issues like marriage problems or properties but for everyday stuff like your rights as a consumer, as an employee, etc. and nobody can bully you anymore because you'll sue their asses off muwahahahaha!
oops! sorry got carried away there.

anyway, i think that's a hefty enough reward for my braving this unfamiliar place. i know i always feel a bit edgy when i'm in an environment i don't really know. it already has its own set of rules and norms, people come and go all the time knowing where to get stuff and all that. these places have their own jargon and set of unwritten rules well understood by frequent visitors, something newbies like me don't know anything about and that makes me a bit uncomfy because i'd probably get a few stares or snide comments if i do something out of the ordinary. and i do hate sticking out like a sore thumb. but the thing is, even the most comfortable and familiar place i can think of now used to be unfamiliar to me too. and no matter how old i get, i will always be a newbie at something. at one point or another i will feel hesitant and uncertain - out of balance, but one thing's sure, what i'll found out in that new place will be interesting. and that's always worth getting a few raised eyebrows and incredulous looks. :)