Posted on June 27, 2007 in Family Law
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.
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PLEASE HELP! I was forced into marriage in sept. 2004, havent had any contact or anything with my wife since then, i live in california, filed for divorce in NEVADA and was granted by a judge but my wife never signed, i have the divorce decree with me, i plan to remarry in the philippines but people have told me i cant until i annull my wife, i am a permanent resident alien in USA, can i file a petition for my wife to be without getting a annulment in the philippines? please someone help me….p.s…i have already filed for annulment in the philippines but has no decision as of yet…someone please help me, thankyou!
Question: My friend got married 2001 and seperated 6 months later after their child was born even with the persistency of the father to see the baby. Reason: Disagreements with in-laws. 1. Is there any law here in the Philippines that makes the Marriage null and void after years without cohabitation? 2. If they would just have a written agreement signed by both parties would that be justifiable to have both parties have another marriage? 3. If a third party files a complaint against a fake marriage involving either one of them to another person, would their be case filed against them?
thanks
Can i ask. May ex bf is now married already at nakipagbalikan cya sa kin, sinabi nya sa kin na nakipag annul cya sa ex wife nya ngayon but still on the process pa yong annulment nya. Ang nangyari kasi naghanap ng ibang lalaki yong girl habang nasa barko yong husband nya. How does it takes para matapos yong annulment nya. Kahit nagpa annul pa cya pwede ba makipag relationship yong guy? Ilang years ang pag process ng annulment papers nya?
atty,
good day!
just want know how is the processing of annulment if one of the party is outside the country (US)? How long will it take the processing?
please help. Thanks!
peggy
Sir,
my friend needs help po.His case goes like this.
He and his ex wife got married at the age of 17 bcoz the girl got pregnant. He doesnt have plans to marry the girl but the family of the girl kept on insisting them to be married so they were married in the church.
They were together for just 1 year coz he help the girl to go to Dubai with his brothers there. The girl found someone else in Dubai and went away with that guy. But when the girl was still here in the Phils. he already heard rumors that his wife is doing something else but tries to ignore.
My friend is also in abroad when he knows everything. He resigned from his job and went home and tried to contact the girl hoping they would fix whatever was wrong with their marriage life but the girl didn’t went home and chooses to be with the new guy she know and one day she just called my friend and tell him that she doesn’t love him anymore and he just have to find someone else too. Now his ex-wife is living together with her new partner abroad though his ex wife didn’t bring her new partner when she went home last last month. But accdg to my friends’ brother,they really confirmed that his ex-wife has a new partner now.
My friend is already 25 now and his ex-wife is 26.Both are out of the country now. My friend wants to file an annulment cause he has a girlfriend now that he wanted to marry.
Question is: Could my friend file an annulment though both of them are out of the country?..If so, how?
Is there a great possibilty that the annulment will be granted in his case??
ask ko lang if saan ako mag file ng annulment ng marriage ko ,kinasal kami ng ex husband ko sa judge at san pedro laguna doon din po ba ako mag start mag file?im sure my marriage is null or void kasi i found out later na may wife syang una at kasal sila if mag file ako kailangan pa ba ang prescence nya at signature nya para ma approve ang annulment ng marriage namin or attorney na ang bahala cuz i got already a copy ng marriage certificate nila at copy ng marriage namin?
ikinasal po kami 3years ago in civil at di po sa church.Nagkaroon po kami ng isang anak at 3taon na rin.Nagsama kami ng 2months since we married.He abandoned us since then at nababalitaan lang nya kami kc wala kaming communication.May karapatan ba kami para kasuhan cya ng abandonment or anything related sa case namin kc at the moment nagpipisan na sila.Gaano ba katotoo na even wala sa amin appearance mawawalan visa na ang marriage…at papaano ko malalaman na annul na marriage namin if wala ako sa pinas?
If a foreigner-spouse initiated divorce has gone through and the Filipina and the foreigner spouse are divorced, how long does it take for the (Philippine) courts to recognize this? What does the Filipina have to do to get it recognized?
hi..my husband and i got married in 1998, we have a 5 yr old son,we separated in 2006, after 6 months of separation, he decided to give Php 3000/mo for my son’s needs, that amount of money doesn’t suffice his needs obviously…my question is…is it possible to just ask a lawyer to make a document stating that we can now do whatever we want to do with our lives,which includes having relationship with another person without any implication of him using it as a ground for adultery? is it ok to just just have that document notarized?annulment seem to be very expensive.
kapag yung aswa mo ba nalaman mong merong ibang kinakasama pero kasal kayo tapos nagdecide ka na maghanap na rin ng iba may karapatan ba yung asawa mo na humabol ulit? or magdemanda?
Hello. I would like to know the procedures of annulment. My husband is not working for the family in short, he is irresponsible. Bad thing about it, he is not doing anything to support the family. He even shouted me in front of many people and even hurting me. Do I have the chance to get my annulment case over him? I do working for the family but I don’t see him doing for the family. We have a daughter and whenever he hurts me, our daughter sees him doing that to me. So sad but it really happens. My marriage is on the rock so I am decided to file annulment over him. He hurt me mentally and emotionally which I think the worst can be. Thanks for the advice.
what are the valid reasons of having annulment? Both parties already decided to get annulled since we already have each other’s partner and since our relatinshp did not work fine, instead of quarrelling and fighting for our whole life we decided to get annulled.
puede po bang gawing grounds for annulment kapag ung husband, nahuli nya ung asawa nya sa text na may ibang lalaki? they already signed papers na hiwalay na sila and wala na sila pakialam sa isa’t isa. though i think inde inohonor ng court ung ganung papers. what do you think are the chances na maggrant ung annulment if ever mag file ung husband for annulment. thnx.
i’ve married year 2002 because my bf got me pregnant.i was 8 months pregnant during the civil wedding because at first, i didn’t informed him right away that i was pregnant because i remembered that he told me before that if i were pregnant, i shouldn’t ask help from him and wag ko daw guluhin buhay and family nya, that’s the reason why we separated. then a few months after he learned i was pregnant, yun he decided to marry me. during the times na nagsasama kami, he never worked. and if magkakapera siya inuuna niya self nya before the needs of our son. then i’ve decided na bumalik with my parents. until now, even if he is working ganun pa rin. he doesn’t provided financial assistance to our son, not unless humungi ako and manunumbat pa yun na para wala ako gastusin sa bata, ibigay ko nalang daw sakanya. i want our separation be legal. para we can go on with our lives.please help me what to do.
Six years ago,I filed for an annulment and it was not granted. My wife and I have not been living together for about 16 years. This time my wife wants an annulment to be filed again. Can we file another annulment even though the first annulment was not granted?