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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My husband is a lawyer and admitted having an affair with his partner in the firm a lawyer also of a family court. He informed me that he already filed an annulment and waiting for the result of the case filed without my consent. Is this possible??
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i am planning to file an annulment with my husband in philippines. I am not happy with him and i dont have feelings with him…my family only is the one who forced me to get married with him because that time i am pregnant..If i file annulment with him??
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atty,
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hello, Good day! i just want ask question about the process of annulment ,i wanted to ask for the help of PAO, but according to my co-teacher PAO only help on those individuals who have less income and we teachers are not catered for that, i wanted so much to file for annulment since i am a single parent and my husband doesn’t even had this willingness to support for my children, i have 2 kids and i know its hard for me to spend so much like the annulment case. please do help me, i do not know what i am soppose to do because i am very much bothered of the cost for annulment and i want it so much. for my peace and for everybodys concern.. thank you so much and GOd Bless
I got a decision of my case last May 25, 2011. The RTC said they submitted a copy to the OSG. We have to wait for the response of the OSG before we could register it to NSO.How many months will it take for the OSG to respond?
i am married last march 2005 since I got pregnant with my boyfriend. The solimnizing officer was a Judge. So after marriage, I went to my husband’s place in Mindanao since I am from Visayas and found out that he was married to another girl year 1998.My sister in law told me everything since her tounge was slipped out upon our conversation. She even told me that my husband had 1 child with his first wife but they separated since my husband went abroad and never contacted them.his first wife went home with her parents which is quite far from their place.I confronted my husband and he accepted that its true.since that time i lost my trust and even my love with him.year 2009 we separated with each other since he has an affair with another woman. I want to ask “does our marriage is legal”? i have a new boyfriend now and is willing to marry me.Do I still need to file for annulment in order to marry again?or its automatic that the marriage is void since he married his first wife.How about my surname, I already change my status and surnames in all my IDs and affiliation. How can I get back to my family name.(unmarried family name)?What are the steps I am going to do. Please email me at rizaldomacabio@yahoo.com. Your advises is apreciated so much.
i want to delete my previous post for the above.how will i do that?
i hav a question. my friend is married in the philippines but him and his wife were not living together anymore for 5 years. he is now in canada as a citizen, can he file a divorce to his wife in the philippines?
Hi, my married is null & void since the beginning because of bigamous marriage, if I will file an annullment I would like to know how long it will take & how much, I had all the evidence with me and if I will change the surname of my kids how long will it takes and what are the procedures, I am desperately looking for a reliable attorney to handle my case.
gud day! i just wanna ask if there is a possibility to grant my annullment case filed by my ex wife, even if i wasn’t able to go to the court for hearing sessions due to some reasons, what will happen to the case?will it be granted even though i may not participate at all?thank you very much. your response will be a much of help
lheeroy, the participation of the respondent is not required in annulment. The case would go on and decided even without the appearance of the other spouse.
After 15 years of being married that i happened to know that my husband has been three marriages and i am the fourth one in a row. I want to file an annulment much more now that lately our 16 years old daughter claimed that her father raped her when she was 12 years old. I have all the evidence with me and hoping you could help me through these. I Have two kids and I have no job living with his support/remittance but it is not much. Please help me Sir/Madam.
my attorney advised me that the psychologist who took my test will be the last one to appear in court. How long does it usually takes to have a decision after the appearance of the psychologist?
my wife from pakil laguna said goodbye to me because she claimed im not supporting her anymore, as a matter of fact im just working at pasig that time. Her ex boyfriend from the US came and court her again, and i have the feeling that they are already living together, and probably shes pregnant, if she files an annulment, what will happen? eventhough i dont want, will it be granted? Thanks, Godbless…