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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I have a friend and she’s involved with a man who is currently separated with his wife, as of now they are preparing all the papers for filing an annulment. He let’s his wife file the annulment as per their conversation, the last time that they talked. But from that time it happens, my friend consistently receiving threats, harassing her through internet, saying bad names to her, but she do not have any proof that his wife is the one doing it to her. But before that, his wife threats my friend that after she file the annulment, she will going to file a bigamy case. My question is, is that possible? to file an annulment and bigamy case as well? I would really appreciate if you will give some information to help her in this kind of situation. Thank you.
In the year 2000 my husband decided to go to california U.S.A for a vacation.Armed with a tourist visa, his plan is to initially look for a job so he can bring his family to the U.S.in the near future.Since he was not able to find an employer who was willing to sponsor him, he decided to marry a U.S.citizen to legalize his status in the U.S even though he is still married in the philippines.What was surprising is that he paid $15,000 to the U.S citizen.he was given 2 years to pay the said amount until he get his green card.with that,he filed for a divorce in california I didnt know about the whole thing until I received a document from the U.S.court stating that my husband has filed for a divorce on our marriage,this surprised me since I knew that there is no divorce in the philippines. here are some questions I would like to ask. is paying for $15.000 to the said u.s citizen legal?if not legal will the recipient of the money be punished under U.S law?If my husband is still married in the philippines,how was he able to legalize his marriage with the U.S citizen and get his 10 year-green card,what are the concequences of such should it be proven that his marriage has not yet been annulled in the philippines?will the next wife be penalized by such act?I hope you can help me with this matter,thank u very much. LUZ
Atty Fred,
Me and my husband were married in civil and church, we got 2 kids, he is working overseas from yr 02-07 and I am working also in phil, he never give us any support he’s reason is he is paying the monthly rental of tha house (which until now haven’t paid), My salary is the one I used for our financial needs for my 2 kids, PUB, allowances everything, even when I born the 2 kids I pay using my own money. Dec 2007, we argue over small issue then later on before christmas he mentioned to me that he got girlfriend, he admit to me that he love the girl. He is also asking me to file for annullment. I never answer him coz i want to save our married and for the sake of the kids (martyr right) but he is telling me that even he made mistake he can still do a mistake again.. he is immature and we really do not understand each other, he usually mentioned the name of GOD and he also talk to GOD (That what he always stated in email and say to me), I think he is not normal..(He’s relative also tell me that coz his mom pass away and he was really depressed) (He also hurt our eldest son, when the 2 yr old kid refuse to eat he use sandals and tap kids mouth) My yaya knows it coz I am working, I saw my kids with blood on his t-shirt.. that time I call his mom to see what his son did to our kids, but now no evidence cause his mom died. Please help coz I want a peace of mind.
I am now working abroad coz my salary in phil is not enough, I want to save more for the future of the two kids. My husband and me separated since Feb 08, now he is again working overseas. He tell me to file annulment and he will also file.
Can you advise which is the better option, me and him seperately file or 1 of us can file? I really don’t have any idea atty, please help. Thanks
I was married in 1998, we separated in 2004 and never had a children. in 2007, i gave birth to a baby boy with another man…i want to file an annulment but maybe within 2 years from now because i still have to save money for that…is it possible to ask a lawyer to make a document stating that we can do whatever we want to do with our own separate lives? i just want to have that kind of document until i have the money to file for an annulment, just in case he thinks of filing an adultery..also, can i ask how much money will i be needing if i want to file an annulment and how long would it take?
my boyfriend and i was planning to get married but he was married and with 3 children..in his marriage license it shows that they forge his age.they change the year of his birth to show that he was of legal age(19) at the time of the marriage but in reality he was under age(17)and he also told me that there was no ceremony at that time.they just give the license and make him sign.he got the girl pregnant thats why the other party force him to marry the girl and since he was 17 and young he cant do anything but to follow.. is the marriage valid or null and void?if valid can he file an annulment?if void should he file a declaration of nullity?..can we get married?if so how long we have to wait for us to get married?what is the status of the children?
I would appreciate your answer for following questions.
I am living an EU citizen, who married in 2008 a Filipina wife (18 years old) in the Philippines, living in Tacloban (Leyte). She is still in her country and suddenly changed her mind, refusing to join me.
I would like to proceed for an annulment of the marriage, on the grounds of article 45 (1) of the Family Code. Her parents are separated. The father never gave a written consent, only the mother did. This could be sufficient ground for annulment of the marriage.
If the father files a petition for annulment, is it compulsory for him to have an attorney? Where must he file this petition? (Family Court… Regional Trial Court…)
Do I need to appear in Court or can it be done without having to travel to the Philippines?
How long can be the whole procedure?
What can be the different costs?
I would like to have an answer on these specific questions, being aware that there are also other options like a divorce in my own country. So please may I ask you to focus on these specific demand. Thank you for your help!
we were married for 4 years..this last august, he wanted a separation withoun knowing why.. weeks passed, and i found out that he has a girl.. i found letters, flowers, condoms, which he admits.. we have a 4yr old son..and he left is just like that.. every week, he send us money..i wanted an annulment,. same as him.. how can i process it? how much does it costs..?
we are married now for 25 rocky years. we separated on the 7th year of our marriage because she had an affair with another man, leaving our then 6 year daughter in my care.after 2 years of separation, she came back and I, thinking about the well being of our daughter,accepted her back. If she bore a child through another man during those two years that we separated, is it grounds for the annulment of our marriage?
I got married since 1997 and year 2005 my wife no longer wanted our relation to continue and I was working abroad that time. When I came back, year 2006 i have learned that my wife is having an affair with another guy. During that period I have decided to leave and work abroad again. I have learned that until now my wife is living with his boyfriend already. Could this be a reasonable ground to file an annulment? If so could I get the custody of our son?
is it possible to file an annulment because my wife is already having an affair with another guy. she’s being vulgar with her immoral activities with her friends and most especially with our son. i’m working here at saudi and nothing i can do to prevent such immoralities. soon as i get a vacation i wanted to file an annulment. no need for more discussions and agreement. all i wanted is her out of my life…
nalilito po ako,tulong i really dont know what to write in the application form,i’m already annuled ngayon what should i supposed to write in the application, single or divorce? i have to make a circle for my answer which one. diba pag annul na single na ang nasa nso, so which one po? sana you can give me the right answer,i really need help. i would appreciate if you can give me an ans to my question.
thank you.
Madali lng po ba file yun annualment pag secret marriage lang po never po kami nagsama at hindi po ako nag change status sa documents ko.hinwalayan ko po yun ex husband ko ng malaman ko ng makabuntis po sya habang nasa abroad ako nag work.ngaun pagkakaalam ko kinakasama na nya yun girl at sa pagkakaalam ko nagpakasal sila kasi di naman alam sa kanila ng secret marriage kami..sana po masagot nyo mga katanungan ko..thanx
well nagpasecret married po kami ng boyfriend ko last Nov.2001,but that same day umalis ako para abroad.and from that day nawalan na kami ng communication sa isat isa and nalaman ko na lang meron na siyang pamilya after that year,well gusto ko na sana ma annul ang kasal namin paano po ba?please help me on this matter.
R u in d phils? If u r interested I know someone who can process your annulment legally. I have mine done by her in a month and a half.
I am married for 5 years and had 2 kids. I found out that my husband who is working abroad have been having other affairs with diff. women. This is not the first time I found out about it, but it is only now that I have found some proofs. emails and pictures. In his last affair, he left the lady pregnant. I would like to file for an annulment since I could not live liar anymore. He is supporting our family still and I have just resigned from my job(as requested by him). How do I get thru the process of filling an annulment and how much would it costs me? Is there a way to get it faster than the usual process. Thank you.