Annulment Notes To Print
Annulment Notes To Print
Annulment Notes To Print
2. Realize that it will cost you. Getting out of marriage is sometimes more expensive
than getting into one. Expenses include the fees for your lawyer or counsel, filing
fees, professional fees for the psychiatrist or psychologist (if the ground
ispsychological incapacity), etc.
4. Make sure to invoke a valid ground. Marriage is an inviolable social institution and
any doubt is resolved in its favor. Hence, make sure there’s sufficient basis to go
through the procedure discussed below.
The procedure provided under the Rules on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages is discussed below. Please note that
a petition for “annulment” refers to voidable marriages, which are valid until annulled
by the court, while a petition for “declaration of nullity” refers to marriages that are
considered void or inexistent from the very beginning. There are other differences
(e.g., legitimate status of children, property relations between the spouses,
prescription and ratification), but let’s leave those for another day. For convenience,
we shall refer to both petitions as “annulment”.
1. Preparation and filing of the petition. The petition may be filed, at the option of
the spouse who filed it (called the “petitioner”), in the Family Court of the province
or city where the petitioner or the other spouse (called the “respondent”) resides for
the last 6 months prior to the date of filing, or in the case of a non-resident
respondent, 7where he/she may be found in the Philippines. An Overseas Filipino
Worker (OFW) may file the petition even while abroad. Incidentally, upon filing of the
petition or anytime thereafter, the court may issue provisional and protective orders.
3. Answer. The respondent must answer within 15 days from service of summons (or
within 30 days from the last issue of publication in case of service of summons by
publication). Unlike in civil cases, the respondent in annulment proceedings is not
declared in default if no answer is filed, but the public prosecutor shall be ordered to
investigate whether collusion exists between the parties.
5. Pre-trial conference. During the mandatory pre-trial conference, the court and the
parties deal with certain matters, such as stipulation of facts, for the purpose of
expediting the proceedings. The petition may be dismissed if the petitioner fails to
appear during pre-trial. At this stage, the court may also refer the issues to a
mediator who shall assist the parties in reaching an agreement on matters not
prohibited by law (no compromise allowed in civil status of persons, validity of
marriage or of legal separation, grounds for legal separation, jurisdiction of courts,
and future support and legitime). The court may also require a social worker to
conduct a case study and submit a report at least 3 days before the pre-trial
conference, or at any stage of the case whenever necessary.
6. Trial. This is the stage where the ground for annulment is proved and opposed.
The court may order the exclusion from the courtroom of all persons, including
members of the press, who do not have a direct interest in the case.
7. Decision. After the trial proper, the court renders its decision, which is different
from the Decree of annulment. A decision, whether granting or dismissing the
petition, becomes final upon the expiration of 15 days from notice to the parties.
8. Appeal. The aggrieved party or the Solicitor General may appeal from the decision
within 15 days from notice of denial of the motion for reconsideration or new trial.
10. Issuance of Decree of annulment. The court issues the Decree after: (i)
registration of the entry of judgment granting the annulment in the Civil Registry
where the marriage was celebrated and in the Civil Registry of the place where the
court is located; (ii) registration of the approved partition and distribution of the
properties of the spouses in the proper Register of Deeds where the real properties
are located; and (iii) delivery of the children’s presumptive legitimes in cash,
property, or sound securities.
11. Registration of the Decree. The Decree must be registered in the Civil Registry
where the marriage was registered, the Civil Registry of the place where the court is
situated, and in the National Census and Statistics Office.
While we are not lawyers and cannot offer legal advice per se, based on our
research and experience, we want to explain the generally-accepted
process of civil annulment so that you will be prepared when you meet with
your lawyer if you need to pursue this course.
The time necessary for annulment depends on the talent, connections, and
dedication of the attorney. An uncontested annulment case (in which the
spouse does not show up at all in court) may take 6 months to 4 years to
complete depending on the calendar of the court, the availability of
witnesses and other issues such as custody or property. Cases where the
spouse does appear can be even longer.
Constant communication and follow up are needed for the case to go
smoothly and on schedule.
The second step is writing the required marital history. This is a detailed
narrative of the marriage from the time the two first met through the
present. It also includes the reason for the separation focused on the
personality of the couples and detailing the end the relationship.
1. Minority (those contracted by any party below 18 years of age even with
the consent of parents or guardians).
The third step is the psychological evaluation process. This varies from one
psychologist to the next. The lawyer normally would recommend a
psychologist/psychiatrist who will do the evaluation and be a witness in
court. The evaluation may cost from 15,000 pesos to as high as 40,000
pesos. Some charge additional fees for testifying in court. (Normally, this
fee is already included in the annulment package quoted by the attorney.)
The spouse will be asked to join in the evaluation, but in most instances
they do not participate in the evaluation process. The psychologist will then
proceed to do the evaluation based on the tests and the interviews with the
party or parties as well as other relevant witnesses.
The fourth step is the drafting, then filing, of the petition itself. This is the
lawyer’s job. After the filing of the petition, which must be signed by the
requesting party (husband or wife), the case will be assigned to a branch of
the Regional Trial Court. The spouse will now be notified by sending papers,
called summons, requiring the spouse to answer the petition within a
number of days from receipt of the notice.
After the trial and the offer of evidence, the case is then submitted for
decision. (Waiting for decision may take 90 days or more)
Note that the presence of the spouse is not necessary in the process. In
most annulment proceedings, in fact, the other party to the marriage does
not participate at all. This speeds up the process somewhat because if the
other party makes an appearance, then he will likewise be given the
opportunity to present witnesses and evidence.
The procedures provided under the Rules on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages is discussed below. Please note that
a petition for “annulment” refers to voidable marriages, which are valid until annulled
by the court, while a petition for “declaration of nullity” refers to marriages that are
considered void or inexistent from the very beginning. For convenience, we shall
refer to both petitions as “annulment”.
2. Service of Summons.
In simplest terms, this is giving notice to the respondent. It is the manner of how the
court can acquire jurisdiction over the person. Where the respondent cannot be
located at the given address or the whereabouts are unknown and cannot be
ascertained by diligent inquiry, service of summons may be done by publication. This
is crucial because the court cannot validly proceed without service of summons. The
court cannot render valid decision if the service of summon was validly been served.
3. Answer.
The respondent must answer within 15 days from service of summons (or within 30
days from the last issue of publication in case of service of summons by publication).
Unlike in civil cases, the respondent in annulment proceedings is not declared in
default if no answer is filed, but the public prosecutor shall be ordered to investigate
whether collusion exists between the parties.
5. Pre-trial conference.
During the mandatory pre-trial conference, the court and the parties deal with
certain matters, such as stipulation of facts, for the purpose of expediting the
proceedings. The petition may be dismissed if the petitioner fails to appear during
pre-trial. At this stage, the court may also refer the issues to a mediator who shall
assist the parties in reaching an agreement on matters not prohibited by law (no
compromise allowed in civil status of persons, validity of marriage or of legal
separation, grounds for legal separation, jurisdiction of courts, and future support
and legitime).
6. Trial.
This is the stage where the ground for annulment is proved and opposed. The court
may order the exclusion from the courtroom of all persons, including members of the
press, who do not have a direct interest in the case.
7. Decision.
After the trial proper, the court renders its decision, which is different from the
Decree of annulment. A decision, whether granting or dismissing the petition,
becomes final upon the expiration of 15 days from notice to the parties.
8. Appeal.
The aggrieved party or the Solicitor General may appeal from the decision within 15
days from notice of denial of the motion for reconsideration or new trial.
THE TEN QUESTIONS ON ANNULMENT YOU WOULD LIKE TO ASK YOUR LAWYER
BUT WERE AFRAID TO DO SO
Almost every website on Philippine Family Lawyers would have in one form or
another a section on FAQ , or the ubiquitous Frequently Asked Questions. As a
lawyer, I could relate very well to these FAQ’s because they are mostly what you will
find in legal textbooks . But I have often wondered whether or not the ordinary
layman, the contract worker aborad, or simply the one who is thinking about getting
an annulment can understand all the legal goobledook. Normally, these FAQ’s are
long winded and very technically worded, with quoted provisions and decisions of the
Supreme Court. In our humble attempt at an FAQ, we have decided to narrow the
questions to 10 and avoid the legalese. It is not our goal to present the best FAQ on
Philippine Annulment, our only object is to be understood well.
1) What is an annulment?
Picture marraige as a contract, a binding agreement between two people,
preferably and in most jurisdictions, between a man and a woman. Just
like most So contracts, it could be valid, voidable, or void. It is valid if all its
components are present, ie, consent, object, and consummation (or
euphemistcially delivery as in a contract of sale). In a marriage, of course,
consent is the “I do” in the bringing together of a man and a woman in
matrimony, holy or otherwise. The object of course is the union of the parties
which in the eyes of the law makes them “one”. Lastly, but no less
importantly, is the consummation which in marriage is widely considered the
physical (or sexual) union. Much debate though has been made on whether
or not a marriage can exist without sex, at least at the beginning
Anyway, going back to our analogy, if there is any defect in the consent (the
“I do’), the object (the joining together as man and wife), or the
consummation (or delivery in more ways than one, pardon the pun), then the
validity of the contract is put into question. In an annulment, the defect
generally must come into play after the celebration of the marriage or in a
stricter sense must have existed at the very time of, if it is not by itself the
very cause of , the celebration of the marriage. Things like fraud, as in the
case of the woman who conceals the fact that she is pregnant by a man other
than her husband who agreed to the marriage on the assumption that he is
the father of the child. The marriage is valid in the beginning but because of
the fraud, it is valid until it is annulled. Normally, there are periods within
which an annulment can be filed.
In a divorce, on the other hand, and this is the way the term is generally
understood in most jurisdictions allowing for divorce, the defect is made
manifest after the celebration of the marriage. Things like the infamous
“irreconcillable differences” , “no fault divorce”, or “consensual divorce” are
common terms. You do not necessarily have to have a specific reason to
terminate the marriage, other than the agreement of the spouses.
Legal separation simply put is a separation physically and in most instances
financially. It is a court recognition of the fact of separation of the spouses,
thus not obliging any of them to support each other or to live together as
husband and wife. I have heard this compared to the Catholic concept of
purgatory because the marital union still exists and the parties cannot marry
other people. Often this is not a realistic situation and is not commonly
encountered in practice because while it attempts to preserve the union,
which in all likelihood may have disintegrated by then, it puts a legal
imprimatur (or signature if you will) to not being obliged to fulfill the very
important marital obligations of cohabitation or consortium and support.
It would seem that the term psychological incapacity is a relatively popular one
among Filipinos, but widely misunderstood. The common and erroneous notion
borders on insanity if not insanity itself, which often creates an aversion to
seeking an annulment of the marriage. After all, who will admit to insanity or
more specifically marrying the insane. Article 36 of the Family Code of the
Philippines which for the first time since the Japanese Occupation allowed for a
semblance of divorce in the Philippines via a declaration of the nullity of a
marriage where one or both parties is psychologically incapacitated, did not
actually define the term leaving the courts to develop a legal framework for it. It
has been said that this provision of the law was really a compromise between the
Philippine Catholic church (which for some reason opposes an absolute divorce
law in the Philippines) and the group of legal luminaries which drafted the Family
Code. True enough, jurisprudence has evolved a definition based initially and
mainly on Canon Law, progressing towards a clinical form of incapacity, to its
present state of non clinical incapacity. Perhaps, the term really escapes
definitiion, as it should if it is to evolve legally, the only guidance being the
failure to fulfill the essential obligations of the marriage. Conditions such as
homosexuality, drug or substance abuse, physical, verbal, psychological, and
economic abuse, among others, have been used to define the term.
The third step would be the psychological evaluation process. This varies from one
psychologist to the next. Your lawyer normally would recommend a
psychologist/psychiatrist who will do the evaluation and be a witness in court. Even
court personnel would have a recommnendation or two. The evaluation costs
between 15,000 pesos to as high as 40,000 pesos. Some charge additional per diem
for testifying in court and the rate would depend on the venue of the proceedings.
Your spouse will be asked to join in, but in most instances they do not participate
even in the evaluation process. The psychologist will then proceed to do the
evaluation based on your tests and the interviews with you and other persons who
knew you and your spouse and what happened to the marriage.
The fourth step would be the drafting then filing of the Petition itself. This is your
lawyer’s job.
After the filing of the Petition, which you must sign, the case is raffled to a branch of
the Regional Trial Court where it was filed. Your spouse will now be notified by
sending him papers called summons requiring him to answer the petition within 15
days from receipt of the notice. If he is not in the country, notices can be served him
through publication.
Collusion investigation normally follows , which is an informal process whereby the
public prosecutor assigned to the court (or in some jurisdictions this is raffled as
well) is asked to determine if the parties are conspiring to file a case.
After the collusion investigation, a report is prepared by the public prosecutor on the
findings of his investigation.
If no collusion is found, the case proceeds to a pre-trial and your spouse will be
notified again. If he does not appear, the court will proceed with the marking of the
documents, the determination of the number of witnesses, and the schedule of the
trial.
During the trial stage, witnesses will be called. Normally, the witnesses would be
you, a corroborating witness (who knew you and your spouse and what happened to
your marriage), and the psychologist who will testify on the evaluation made. The
public prosecutor representing the government will be allowed to question the
witnesses as well.
After the trial and the offer of the evidence, the case is then submitted for decision.
Note that the presence of the spouse is not necessary in the process. In most
annulment proceedings, in fact, the other party to the marriage does not participate
anymore. This speeds up the process somewhat because if he makes an appearance,
then he will likewise be given the opportunity to present witnesses and evidence.
The uncontested annulment case takes from between 6 months to one year to
complete depending on the calendar of the court, the availability of witnesses and
other issues such as custody or property.
Yes. Part of the psychological evaluation can be done by email and the interview can
be done via VOIP, but most psychologists will ask to see the petitioner in person
before releasing the evaluation. Also, after the drafting of the Petition, you may sign
the petition in the presence of a Philippine consul authorized to take oaths nearest
your place of residence. The authenticated documents are then sent back to the
Philippines for filing in court. At a certain point in the proceedings described above,
particularly during the trial stage, you will be required to testify and appear in court.