There were a lot of questions on the first FAQ, some of which were not answered due to certain prohibitions (see Part 1 or Part 3). For information purposes, we added Part II, wherein we discussed other common issues relating to the topic on annulment and divorce. These issues include the role of the Solicitor General, the duration and costs of annulment proceedings, and where to seek free legal aid.
Should I seek an annulment?
This is a personal decision that should not be taken lightly. While divorce is not allowed in the Philippines, the fact that the law provides for annulment means that there are meritorious instances that would justify the annulment of marriage.
What specifically is the role of the Solicitor General in the process of annulment? Is it true that the SolGen is often the source of delay?
The Solicitor General is authorized to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal to higher courts.The Solicitor General is the principal law officer and legal defender of the land. His intervention in the proceedings ensures that the interest of the State is represented and protected in proceedings for annulment and declaration of nullity of marriages by preventing collusion between the parties, or the fabrication or suppression of evidence. This is the express pronouncement of the Supreme Court. The SolGen may or may not appeal an annulment decision, and such decision is within its authority. In other words, it’s not true, and unfair to say, that the SolGen is the cause of delay.
How long does an annulment process usually take?
The entire process could take less than a year or, if you’re unfortunate, years. There are so many factors that could delay the proceedings. You and your lawyer must be vigilant in making sure that the proceedings go smoothly.
How much does it usually cost?
This is a difficult question, primarily because there are so many variations. If you have absolutely limited resources, you could file the petition as a pauper litigant (for filing fees) and seek free legal aid (discussed below). If you engage the services of a private lawyer, the entire process may cost you at least Fifty Thousand Pesos (PhP50,000).
I have a limited amount of money. Where can I seek legal aid?
There are certain institutions where you could seek free legal assistance. Start with the Public Attorney’s Office (PAO), although they may or may not accept your case, depending on their load (they’re usually overloaded with cases). The Integrated Bar of the Philippines (IBP) and certain law schools, provide free legal aid. Remember, however, that your request may be denied because there are other important cases handled by these institutions.
How can I verify if my lawyer really filed the petition in court or if a decision was really issued? Can I obtain a copy of the decision?
You may ask your lawyer to provide you with a copy of all documents (motions, pleadings, orders, decisions, etc.) relating to your case. The photocopying cost, of course, will be charged to you. In any case, you could always request to photocopy the record with the court where the petition was filed.
If there’s already a decision annulling my marriage, but the decision is appealed by the Office of the Solicitor General, is it ok to remarry?
No. Unless and until the decision in your favor becomes final and executory (no motion for reconsideration or appeal was filed) and the other requisites have been complied with, you can’t remarry.
If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?
No. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.
Related Posts:- Annulment in the Philippines: Questions and Answers (Part 3)
- Questions and Answers: Annulment in the Philippines (Part 4)
- Annulment in the Philippines (Questions and Answers Part 5): Overseas Filipinos Edition
- Annulment in the Philippines: Questions and Answers (Part 6)
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
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can i get annulment in public without paying 150,000 pesos?and would it be possible to get married in other country with foreign men?
Kristine, it’s always possible to get married abroad with foreign men, but that presupposes there’s no legal impediment for you to get married. If you meant “free” when you said “without paying 150,000 pesos”, there are free legal aid services. Perhaps you could start with the Public Attorneys Office (PAO), although may or may not accept your case. Good luck.
I am an American Citizen. I want to marry a Filipino woman and take her and her child to the states with me. But she is currently married in philippines and seeking anulment to marry me. she and her husband have been split for several yrs. She is currently working in Hong Kong. Can she seek help there to start the anulment process?
Jeff,
The annulment process could only be filed here in the Philippines, but the law allows the filing of the petition even if the petitioner is abroad. Good luck.
i am married to a mama’s boy who wants to file an annulment. I am the one who is aggrieved because the fact that he has a psychiatric problem (being a mama’s boy) he is also impotent (he can’t have an erection unless he masturbates manually). To make the story short, I was never sexually satisfied in the 8 years that we were married. We underwent artificial insemination just to have a child. In that 8 years of unblissful marriage, he never showed fatherly love to our child. He is always at his mothers’ house even on weekends. Now he’s the one threatening for annulment. I said he can file it since I don’t want the emotional, financial, etc. troubles. Then he said he has a proposition for me. I can file for the annulment and he’s going to give me money because he’s sure that I HAVE the solid grounds. He does’nt have the reasons or the grounds for filing. Unless siraan nya sarili nya which I think is the best.
What can I do? thanks.
Hi Atty. Fred,
I’ve read in your site that a divorce validly secured abroad is not automatically recognized here in the Philippines, and that for the foreign divorce decree to be recognized here, it has to go through the courts. How long does the process usually take? Thank you.
May
KitKat, the propert ground, if any, would be better discussed with your retained lawyer. He/She could ask you more questions and advise you on the proper remedies. As I have always stated in this site, legal advice is not dispensed here. Thank you.
May, it will just be a few months. Good luck.
Hi Atty. Fred,
Thank you for your reply. I have additional questions on this process of having a foreign final decree of divorce recognized by the Phil. courts.
Where can I find the procedures for this?
Aside from the final decree of divorce, what other documents are needed?
Where will the petition to recognize be filed?
Is there a standard filing fee or will that depend on the lawyer who will file the petition?
Will there be a hearing?
Will the former Filipino be required to appear in court? Or can the petitioner just sign a document if he/she is based overseas?
I appreciate your taking time to answer my queries. Many thanks again.
it has been almost 5 years when my x-wife and i decided to part our ways. we haven’t had any contact and we haven’t seen each other since then.we had a child and she don’t even let me see my son. she told me that i can only see my son if we’re already annuled. that is why i’m wanting to file an annulment case. what would be the grounds i can file for annulment? is there anayway i can do to marry again without being annuled? coz i had a girlfriend right now and we’re planning to get married soon. thanks for your advice…
May,
You could have an idea on the procedure by browsing through the decided cases at the Supreme Court site. Perhaps this will be covered in subsequent posts.
Dennis,
The proper ground depends on the facts, and this is properly to be discussed with the lawyer that you’ll retain to handle your case. As you may have noticed in other posts, I can’t give any legal advice here. Good luck and God bless.
good day atty, i’ve been separated for 6 years now and im planning to file an annulment. During my pregnancy to my 2nd child, i found out that the other woman is also pregnant, after a gave birth, 4 months later, he left us and to be with that woman. Last year 2006 he came back again and asked for another chance and forgiveness. But then, after months, he still the same attitude for being a BABAERO. he had another woman until now…im so stupid to believed that he really change…atty. aside from chances if i will file an annulment, is there other case to file for him and his girl who is also had a 3 kids.
Thank you for your time reading this..
sheila, im sorry to hear about your predicament. still, i have to apologize that legaI advice is not dispensed here, only legal information. Do drop by from time to time aS your concern may be covered in subsequent posts. God bless.
we have been separated for almost 4 years without any communication or seeing each other. would it be enough to ask the court for a declaration of presumptive death of my wife, in which case i can may again remarry?
Hi Atty,
I have been planning to annul my marriage for the ff reasons:
1. He has 2 children before he marry me which I was not informed
2. For almost 6 years now, he does not support my kids financially though he still stays with my kids & my mother in our rented apartment which i pay
3. We have unreconcilable differences which i have fallen out of love – one was he’s a consistent infidelity
I am working abroad and how can i meet u in the Phil?
Dennis,
Whether it’s enough or not depends on the facts. There’s a related post on the requirements for the declaration of presumptive death of the other spouse, for purposes of remarriage —
http://www.attyatwork.com/declaration-presumptive-death-of-spouse-for-subsequent-marriage/
Gigi, my contact information is here (click and check the bottom of the page):
http://jlp-law.com/members.php?id=3