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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This blog is very informational. I hope get to educate many people regarding the annulment processes and other legal proceedings!
Hi i need some advice, nais ko sanang mag file ng annulment bec. my wife having affair with someone.? my story is totally different sa mga cases na nga pa-file ng annulment. I been working aboard for 10year already, at ang lahat ng napaghirapan ko ay napunta sa kawalan.
we have 3kids, we agree na mag-seperate kami dahil sa mga kawalanghiyaan ginawa niya. di ko lubos maisip kung ang asawa ko ba ay babae o tumboy o maaari ding bi-sexual. dahil before kami magsama at magpakasal tinanggap ko siya kahit alam kung naging kabit sya ng tumboy, na ang buong akala ko ay magbabago sya. ngunit sa hangang ngayon ay patuloy parin ang pakikipag relasyon sa mga tumboy. base sa mga nakakasaksi halos papalit palit sya ng tumboy. at yun remittance ko ay nauubos. ang bahay namin na hindi na nabayaran ng buo at sasakyan na nabinta.
My question is paano ako magpa-file ng annulment, anong grounds ang pwede ko e-file? sa mga ganitong cases ba possible ma-annull ang marriage namin?
Gumagalang
Edgar
file it under the grounds of psychological incapacitated…
DEE,
How can I contact you. Is my present required for the month and half long duration of annulment?
DEE,
U have mentioned that you know someone who process annulment? Would you be able to refer me to him/her? I would appreciate it so much, hope to hear from you.
Thanks in advance.
Hi Dee,
Uuwi ako this coming march 22 para mag file nag-annulment, pero until now wala pa akong lawyer baka pwede mo akong irecommend sa ka kilala mo.
thanks
edgar
hi, goodday! may tanong lang po ako. ilang buwan o umaabot din po ba ng taon bago matapos ang annulment? i-consider po natin yung legal na paraan. salamat po!
ask ko lang po…nagfile ako ng annulment 5 years ago na po.and it took me 150k po..wala pa ring decision…hindi naman po nagcounter demand ang kabilang party.im worried.i can’t move on.how and whom to ask help? my lawyer doesn’t even replies to me most of the times.help me pls..tnx.
goodeve atty.
tanong ko lang po almost 1year na yong annulment ko next month 3beses na namin ng appear sa court pero wala parin ang letter or appearance ng solicitor general in manila..tulongan nyo po ako atty..nagugulohan ako pag meron na bang letter or appearance ng solicitor general magagrant naba ang annulment ko? kng wala parin responce solicitor general from manila pwde bang ang my represent yong solicitor general sa lugar namin? mtagal parin bang magrant ang annulment ko kahit isang beses hindi sumipot and asawa ko …pls? help me atty.fred or anyone there can help me..god bless all
hello po..ask ko lang po..ano po ang pwedeng mangyari if hindi maki-cooperate ang isang party sa annulment?is there anything that needs to be signed muna ng isang party to pursue the process or the case can proceed?salamat po..
@hannah the case will proceed. the defendant or the other party need not sign anything for your petition for annulment to commence. mas mahirap nga yung masyadong “cooperative” or “accomodating” ang other party because the court or the fiscal may assume or conclude that there exist collusion between you and your spouse, thus denying or dismissing your petition.
Ask ko lang po kung pwedeng magfile ng Annulment khit nasa ibang bansa?Papaano po?
Can I file annulment even I’m here in Japan?
I would like to ask Sir/Madam, I want to file an annulment case but my friends told me that it would be difficult if the other party will not sign .Is it true that there is a need for the other party to sign in an annulment ?
ask ko lang po meron po akong live in partner but married po sila nung una nya asawa almost 9 years na silang hiwalay then my ibang asawa na rin po yung girl pwede na po bang kami pakasal nung live i partner ko even without having an annulment on the other party?????
@ richelle roselle
di puede. Binding pa dn marriage nyo habang di naa-annul o habang walang declaration of nullity.