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. 
Loading ...
@Aya Lee: You cannot file a case of annulment without appearing in court. You will have to testify or at least identify your judicial affidavit and other documents before the court.
In your next vacation consult a lawyer and suggest if it would be possible to have your statement taken by deposition so that you need not come home during trial.
@Lyn ventura: You can file a case of annulment even if your husband is not in the philippines. In such a case, summons will be made through publication. as regards to the ground, you can anchor your action in art. 36 of the family code or Psychological incapacity.
Annulment (DONOM) now a days ranges from 100k to 200k depending on the stature of the lawyer etc.
@Lyn: your marriage is without a doubt void ab initio (void from the beginning). The parental consent your parents gave you is without legal significance. You were a minor at the time of you marriage hence your marriage is void. Your parents probably even falsified your birth certificate because there is no way you can have gotten marriage license using your original birth certificate.
Annulment of this kind usually takes 8 to 12 months. Legal fees would be from 60k to 100k.
@Solly gallego: mag file ka ng declaration of presumptive death.
@roy horsefal: kindly refer to my above opinion (@lyn ventura)
@Mon: Assuming you got your divorce decree while you were already a US Citizen then you need not file an annulment anymore. all you have to do is to have your divorce decree recognize by Philippine Court by an action aptly called “judicial recognition of foreign decree”.
@
Hi Atty,
Anong documents po kailangan para ma declare na null and void yung kasal namin ng asawa ko? Ang alam ko kasi 4th degree cousins kami… Pwede ko ba gamitin yun as a reason? Ano po ang mga kailangan ko i-present sa court?
Billabong
Hi atty,
Ask ko lang po, yung friend ko kasi he was married 10years ago, after wedding, di na sila nagsama as in after nun there was a misunderstanding ata. So 10 years na din sila di nagkikita and no communication, gusto niya magpaannul ng kasal kaso hindi niya macontact yung ex wife niya. Ano po kaya gagawin niya? Wala din naman silang anak.
How if I don’t have enough money to file an annulment what should I do pls.help me find an answer to my problem.
Hi Atty,
tanong ko lng po, nung july last year lng kami kinasal ng husband ko. ung kasal po nmin ginanap sa makati, civil wedding po. pero ung nakaregister po sa marriage certificate po nmin is san juan manial. pwede po ba ung maging ground for nullity ng kasal nmin? how much po ang kilangan for the annulment process?
thnx..
@Diane: An error in the entry in the marriage certificate does not mean that the marriage is void hence can be annulled.
@Espie: you may consult the Public Attorney’s Office regarding your plan to file an annulment. I’m not sure though whether you can compel them to represent you considering that annulment is a civil case unlike in criminal cases where they are mandated to represent those who will qualify as indigents.
@Adelle:
Does not matter whether the husband and wife have been separated for 10 years, 30 years or one year, if there is no ground to declare the marriage void then you cannot file an annulment. the point is no amount of separation will render a valid marriage void. fortunately there is art. 36 (psychological incapacity) on which you can anchor your petition for nullity of your marriage.
Your friend need not exert earnest effort tyo locate his wife. summons can be served, with court’s permission, by publication.
@Billabong:
if what you mean by fourth cousins is that your parents are third cousins and your grand parents are second cousins and so on… then your marriage is valid. hangang first cousins lang ang pwede ipa annul.
Hi Atty,
On the annulment process–the petioner, the witness and the psychologist already testified. After they have set another hearing, saying it’s the final offer. What does final offer mean?
Thank you.
Dear Atty:,
I was annuled w/ my first wife 2009. Marriage Certificate from NSO was annotated as Void. I got married again on year 2003. Can I remarry my 2nd wife once again?
hi anne,
ask lang ko how long na process mu ng annulment mu?
Good nun Attorney!
Matagal na po gusto kung magtanong kaso wala talaga akong malapitan na abogado. Ang kaso ko po kasi ganito. Kinasal po kami ng husban ko nung september 2006. Ala pong pilitan na ngyari. Kaso po nagulatnlang po kaming lahat ng malaman ko mismo sa pamilya niya na nay pinakikilalang ibang asawa ang husband ko. punumta po ako kaso talaga atang naloko na ang husband ko. sabi po niya di nya ako mahal.Ang masakit po madalas po tinatakot ako sa text na kukunin nya ang bata sa akin. At sinasabing tinatago ko anak ko. kung tutuusin po umamin sya sa akin na may 2 anak na po sya sa ibat ibang babae.
Nais ko po sanang malaman kung ano po dapat kong gawin. Gusto ko na rin pong maging malaya at mapawalang bisa ang kasal namin. Alam ko po siya ang una matututwa peropagod na rin po ako sa kaka dala ng apilyedo nya.
Sana po matulungan nyopo ako.
Godbless!
Atty,
Good eve po,Kasal po ako nong 2002, then hiwalay kami last 2004, may 2 kids po kami. And since naghiwalay po kami no communication and even child support ako recieve sa husband ko and I dont even know kung nasaan na sya. so its been 8 years na po na hiwalay kami gusto ko na rin po sanang mapawalang bisa kasal namin. Anong grounds po kaya and ung s a expenses po may makakatulong po kaya kasi since hiwalay po kami ako na lang support sa mga anak ko.
Thank you po. sana po matulungan nyo po ako
gud day! ask ko lng po kc my husband told me gusto ko ng solong buhay and he wanted to be with his mom.. can i file for a legal separation? for what grounds? we are just married last year. thanx.