May bagong development sa hiwalayang Kris Aquino at James Yap.
Ayon sa legal counsel ni Kris na si Atty. Anna Liza Logan, noong una pa man ay wala nang bisa ang kasal ng TV host-actress at ng basketbolista. Ito ang dahilan kung bakit hindi legal separation o annulment ang prosesong pagdadaanan ng kaso nina Kris at James, kundi declaration of nullity of marriage.
Sa panayam ni Atty. Logan sa TV Patrol noong Lunes, July 12, sinabi nitong: “The marriage was void from the beginning, so there was no marriage from the beginning. When you say legal separation, the marriage bond is not dissolved, so they can be separated in fact but they cannot marry anyone else.”
Dagdag pa niya, “So for application of declaration of annulment, once the decree is final, they can marry somebody else.”
Kung paanong naging null and void ang kasal nina Kris at James noong una pa lang ay hindi na nagbigay ng paliwanag ang abugado ng TV host-actress.
Ayon sa Family Code of the Philippines (Articles 35, 36, 37, and 38), ang mga sumusunod ang grounds para ideklarang void ang isang kasal sa simula pa lang:
1. Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (lack of legal capacity to marry).
2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
3. Those solemnized without license except if otherwise covered by other laws.
4. Those bigamous or polygamous marriages except those covered by the laws of presumption of death of the absent spouse.
5. Those contracted through mistake of one contracting party as to the identity of the other;
6. A remarriage shall be null and void if the partition and distribution of the proprieties of the spouses, the children’s’ presumptive legitimes and the judgment of absolute nullity of the marriage are not recorded in the necessary civil registry and registries of property.
7. Any psychological incapacity at the time of the marriage celebration, which prevents either the husband or wife from fulfilling the essential marital obligations of marriage, shall also be void even if such incapacity becomes manifest only after the solemnization.
8. Marriages between ascendants and descendants of any degree; between brothers and sisters whether full- or half-blood are incestuous and void from the beginning.
Ikinasal sina Kris at James sa isang civil ceremony sa bahay ni Boy Abunda noong July 10, 2005. Ang dating mayor at ngayo’y Congressman ng Quezon City na si Sonny Belmonte ang nag-officiate ng kasal ng dalawa.