Annulment in the Philippines: Questions and Answers (Part II)
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.
Atty,
kumusta po….i have been working abroad for the past 10 years and for the past 6 years, i have never communicated with my ex husband…gusto ko pong malaman kung pwede po akong magpakasal sa states kahit di po annuled ang marriage ko sa asawa ko sa pinas….ang mahal po kasi eh…besides may 3 anak ako na sinusuportahan sa kanilang school and everything….2 po sa high school at 1 college po…
i would really appreciate it if you could answer me back at the earliest.
thank you po ng marami sa inyo…
grace
Atty,
I don’t have any communication with my ex-husband for the past 7 years now. I really want to know if in the said lenght of years my annulment process will be much uncostly & will it be granted faster. And I also want to know if I can still be married in the catholic church when I will be granted an annulment. Thank you & God bless.
Atty. Fred
i have some question regarding annulment.cos my gf now is merried and she like to annulled it they separate almost 2yers and that is the worst thing have she made.but they merried only in west..its that possible to takes not longer a year?cos there not merried in church.how to start to make file and annualment?thank you
8 month palang ang anak ko iniwan na kami ng husband ko. mayron kaming communication ng nasa pilipinas na sya. pero ng pumunta na cya sa japan at nagtnt pinapadalhan kami pero 2500 lang. At ngayon napag alaman ko po na may asawa na cya sa sa Japan may ground po ako para maghain ng annulment kasi nasa Japan cya.
good day..ask ko lang po reg about my situation..i already filed an annulment..and its about 5 yrs still dont have any decision..my lawyer told me to wait..its a very long time waiting.when i go to rtc branch when my case filed they said still with the judge wait to release. may i ask you what is the next procedure to do? and what is the right move to do? do i need to oofer something for them just to release the decision.please advised me..i need someone to help im willing to give anything just release the case.i want to move on. thank you…and im looking forward for your reply.more power
hello,
im from the netherlands and wil merried a philippines women she is already married and have childeren ,i wil have an annulement so that we can married
please you can give me advise and maybe a good advocate we can do this for me very fast thank you very much
greeting
wim zeegers
hello….i’m alex 6 years na po kameng hiwalay ng asawa ko,ngayon po my gf mo ako gusto ko xang pakasalan kya lang po kasal kame ng dating asawa ano po dapat kong gawin?magkano po pa magpaannuall
hi po! ngaaply po ako ng copy ng marriage cert sa NSO, the prob is nalamn ko n ngpakasal n pla s una ung asawa ko b4 kmi kinasal.. mabibigyan b me ng copy ng NSO? or matetrace b nila ung double marriage? sabi ng asawa ko e secret marriag dw un, d rin cla ngsama nung girl dhil ngabroad at ngasawa n din dun..
mgaapply po kc ako phil passport e ung mga id’s n gingamit ko e surname n ng asawa ko.. pls tulong nman po..
i have a wife abroad. i notice that she had a boyfriend there. i know that all information to her land lady (owner of the house she lived) land lady said since they transfer there last april they live together in same room also a filipino. the landlady shock that my wife have a husband here in the philipines and 3 kids. my wife tell her that she have no husband in kids means she a single. we are legally married at pasay city hall. what can i do now attorney. so ples help me.
hi atty.
gusto ko sanang mgfile ng annulment..pwede b ung ang dahilan eh hnd n nmin mahal ang isat isa…
.nung nagpakasal kau ay nagsumpaan kaung mamahalin neo ang isat isa habang buhay.. .bkt ngaun ay cnsbi mong hndi neo na mahal ang isat isa?.. .dapat bago kau nagpakasal eh alam neo sa mga sarili neo na kau na tlga habambuhay.. .
NO….
hi.i need help..how and where should i start? i was married to a person not knowing he was previously married and had kids. he abandoned our child and never heard from him anymore.how will i go back to my maiden name..pls..help thank you
YOU HAVE TO GO TO COURT TO SEEK RELIEF ON MATTERS LIKE THIS
hi, good morning po! im jaz wondering would there be any chance if we can file an annulment even if we’re both working abroad… is it possible to file for non-appearance, how much would it cost us… we agreed this.. jocelyn
please do reply… thanks
Well-loved. Like or Dislike:
+6
yes you can file, i have a friend who cud help you with that, you can contact me with this number 09263561266
Hi! I just want to know if how many years would it take for me to get married again after the annulment.
Right away!
can i file a legal seperation first then file annulment later? is this advisable or just go ahead with the annulment right away?
hello, i just want to ask if there’s a possibility that our case will be approved when in fact we are only a year married? We have differences in our opinions and lifestyles and that’s the reason my husband want our marriage to be annulled because he said he is not happy anymore. We have no properties yet to to be divided equally and we don’t have kids yet, madali lang ba ang situation namin? thanks.
hi, kris? i just want to ask wat name of ur husband?
Attorney my husband filed a annulment. And I already received the SUMMONS. But i don’t want to annul my marriage. Because Its really unfair to my side I want to save my marriage. Even i don’t want to annul my marriage. The processing is still going on?
Hot debate. What do you think?
+1
gusto k mag file ng annulment sa baliwag, bulacan p kmi knasal san b ako pwd magfile.thanks
60k is a package deal atty?For how long the processing of annaulment.?
Atty Fred,
I have a fiance who is filipino citizen. He is not seeking for annulment from his previous wife. Nagtanong tanong na po kami, hinihingan po kami ng 150,000. Can you recommend a lawyer na hindi po kami lolokohin at medjo mura po sa 150,000? I am planning to sponsor my fiance. Kailangan po naming mapa annuled kasal nya if ever within a year. Please reply back. Thank you po..
My husband filed an annulment case in the Philippines without me knowing. I am not sure if he is just making uo stories or he did really filed one. How would I verify if there was really a case of annulment filed? Is there any link where I could check that. We dont have any communication so I even have no idea of where and when he did really filed the case. How would I get the chance to verify that?? And how would I attain the certificate of nullity if I have no clue on where to start?
I have a husband who is married before and we are living together for 19 years now with 2 kids. We went to a process of agreement with his previous wifes to support his children with him. We are not a filipino citizen anymore for 15 years my husband left his x wifes 4 years after marriage and found another woman before me. So now my question is, is it still worthy’t to file an annulment in the phil as we don’t live there anymore anyway? We got married as well but those are not leagal as he was married before. Only had agreement with her.so we are planning to get married here now. 19 years he’s not in contact with them.
Hi, i need help po. Sana po someone will help me about my problem. Gusto ko pong maki pag annul sa foriegn husband ko kc nag cheat xa sa kin pero po a year a pa lng kming kinasal at hnd na kmi nag sama sa iisang bubong ng 5 monthns now. I tatanong ko lng po kng matgal po process ng annulment at mag kano? Please help me po..
attny
Nagpakasal po ako sa Koreano dito sa Pilipinas March 2007..Nagpunta kami sa Korea..Pagdating po doon naghiwalay na kami at makalipas ang isang taon at kalahati umuwi ako ng pinas..Dito sa pinas nagkabalikan kami ng Boyfriend ko at nag live in nagkaanak kami ng isa…Sa pagkakaalam ko po ay sa papel lang kami kasal ng koreano at ng kumuha ako ng cenomar para magapakasal kami ng aking bf ay nakita ko alleged married na ako..Nais ko pong magpa annul ng kasal…paano po ba ang dapat kong gawin..Kailangan ko po bang kontakin ang kporeanong pinakasalan ko?.Paano kung di cya pumayag kase tinakasan ko cia sa Korea…sana po ay matulunan nyo ako…Magkano po ang dapat kong ihanda at ganong katagal bago ito maayos..
Hi Atty.
I just like to ask if I can file an annulment to my foreign husband though we are just married for 2 months. It’s because I don’t love him anymore.
Hello! separated na po ako for almost 13 years,after our separation e this year lang po kami nagkaroon ng kuminikasyon? pareho na po kami me bagong asawa at mga anak..isa lang po naging anak namin..ask ko lang po sa situation kong ito e pwede na po ba ako magpakasal sa partner ko ngayon