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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Hi! I am 20′s and my husband is foreigner (American) 65yo. We’ve been married for 10mos to be exact and been together for more than a year. Our sex life is dead boring and I’m no longer in love and happy being with him. I want to have a baby but I don’t think he is capable because he’s age maybe and he is also suffering of prostate which make our sexual life not satisfying. I want to get out of this marriage but I don’t have any idea what, how and where to start with. Were still living together but obviously were not happy and was thinking to move out soon. He is a great man and we both deserves to be happy. Please help me anyone who can read this. I need advice. Please send me email. Thank you!
-Lovie
Hi! I am 25 years old now and been living with my husband for almost 7 years. I was married at the age of 18 and I forged my mom’s signature for me to get married, in short, i dont have blessing from my mother. As Ive mentioned, we are living for almost 7 years and for the entire year we are living, my husband doesnt have a stable job. He also have this habitual alcoholism that sometimes leads us to a violent fight. I am planning to get out of this marriage because im tired of seeking out financial support from my mom. I dont have work, my husband doesnt have work.we have a 6 year old child.I just wanna ask is there a ground for annulment in my case?I am planning to file an annulment sooner. Thanks in advance.
hello, i am planning to apply for my annulment any minute now as soon as the lawyer accepts my case. it’ll be 180,000 and will be in 3 payments. yeah its a bit big for me, do you think it is just reasonable for this price? and they promised me that within 6 months or less, the procedure will be done… is there bogus lawyers on annulment? how can i know? though, the one who will handle my case in is a judge and fiscal i guess in a city here in NCR where i live. what do i need to ask from him after paying the initial 60,000 pesos? do they issue receipts? thanks God bless
you have to do an up to date with your lawyer..
Please bear in mind that lawyer can’t guarantee that your case will be granted…it is a gamble situation…
@ Rain
I believe that the amount of P180,000 is a bit expensive but could be possible, given the fact that there are a lot of fees involved in marriage annulment proceedings, e.g. lawyer’s acceptance fees, filing fees, appearance fees, psychologist’s professional fees, etc. You can check the Lawyer’s List in Supreme Court’s website, http://sc.judiciary.gov.ph/bar/ if you want to be dead sure that the one you’re dealing with has the license to practice law or better yet, personally verify with the Office of the Bar Confident at the Supreme Court at Padre Faura, Manila.
I didn’t quite get your statement that the one handling your case is a judge and a fiscal? do you mean, a former judge or fiscal and now a practicing lawyer? because if he’s an incumbent judge or prosecutor (fiscal), he cannot represent you as your private counsel as he is not allowed to do so under the law. or if you meant that your case will go to a judge’s sala, obviously, the answer is yes, because it is a Family Court judge that will try your annulment case.
But what I find uncomfortable is the promise by your lawyer that it will be over by 6 months or less. I know some people whose annulment case have been dragging on for years and still waiting, and to hear that your case will be over in six months or less is simply too good to be true. the judge and the court processes must be super-efficient at that and highly deserves a commendation from the Supreme Court in the next Judicial Excellence Awards. What I suspect that there will be “under the table” transaction on this, you know… But beware, i’ve read the case of a trial judge, i believe, it’s in Cebu, who was recently disbarred by the Supreme Court on account of his questionable “annulment decrees” as it turns out that he was accepting “under the table” fees from the interested parties given the fact that his sala has been annulling marriages with precipitate speed.
Call me hopelessly idealistic, but when I took my oath as a lawyer last year, I believe that it was not an meaningless act, but my solemn pledge to God that I should live up to the high ethical and moral standards required of my profession. There’s nothing wrong in charging P180,000 from a client, if it is commensurate to the efforts that I will be exerting to defend his case (and if the case has obvious merit and legally defensible) . But if a part of that fees will be used to bribe the Judge, the Public Prosecutor, court employees, etc. then forget it. its a big NO NO for me.
So better yet, try to seek a second opinion from a reputable lawyer or law firm specializing in Family Law and one who does not promise you a quickie dissolution of your marriage but gives you a more realistic picture of what to expect in an annulment proceeding.
I hope this helps. Best of luck in your quest.
Grabe my marriage was annulled last oct.22, 1996, but i get the records in 2004, at ipinaregister ko ng 2009, di ko alam talaga ang gagawin kaya ngayon ko lang naparegister hindi kasi ako natulungan ng legal counsel ko kung ano ang susunod na step after ng annulment ko,and i found out ang laki pala ng babayaran pag late registration, after one week ko pa lang makukuha ang mga copies ko bago ko pa lang dadalin sa munisipyo kung san ako ikinasal, at hindi ko rin alam kung ilang buwan bago nila ifile un sa nso, i need cenomar for my visa, sa mga annulled na ang marriage dont forget na iparesgister agad para di magbyad ng malaki.
sa mga gustong magpa annulled, my annulment lasted for one year only, madali syang naannulled kasi unang una after the civil wedding di kami nagsama as husband and wife, wala akong suport from him, and i found out he is a drug addict, kapag me hearing hindi naman sya umaatend,tho pinadadalan sya ng subpoena, akala ko nga di matutuloy ang annulment ko, kasi nangailangan pa ng psychological examination, at nag exam pa ako sa National mental hospital, then nagkaroon ng hearing, twice lang ako dumalo ng hearing, after that na annulled na ako, ang laki ng tuwa ko, me court decree na ako at certification of finality, un pala hanggang di mo pa naireregister ito me record ka pa sa nso, buti na lang naisipan kong mag apply ng visa kung di ko to naisip di ko alam na kailangan ang cenomar, agad kong inasikaso ang registration ng court degree ko at finality, sus, ang gastos talaga, pero malapit na rin akong matuwa ng totoo pag naisubmit ko na ito sa makati for cancellation at maitransmit sa nso.
hi Kaye ano ang nakalagay sa cenomar mo? Single na ba? di na ba lumabas yung previous marriage mo?
Hi, would like to ask if its possible that the children will be the one to file the annulment of their parents???The children are 26, 23, 20 and 16 years of age already….
my friend who at present working in uae married someone in 2006 at manila.this guy declared himself a SINGLE before their marriage…however after the marriage my friend discovered that this guy is already married with someone else and already had a 5 year old daughter….would this be a firm ground to annul their allegedly marriage….
ask ko lang po kung paano ang pag file ng annulment dto pa ko sa ibang bansa?
atty fred… were can i see you personally to ask some questions about filing annulment… is it free for now… for asking it first?
atty,
sana po matulungan mo ako sa problema ko nais ko pong magfile ng annulment sa asawa ko.i am 28 yrs old at merong isang anak.Kinasal po kami sa west sa loob ng 7yrs without permission ng aking magulang.Sa loob ng 7taon na pagsasama nagtiis po ako sa pananakit o panggugulpi ng asw ko kapag kami ay nang aaway at dahil n rin sa selos ng walang dahilan.Sa loob din po ng 7yrs ay wala po siyang permanent job kaya ako ngayon ay nagpursiging mag abroad dahil alam kong di ny kami kyang buhayin ng anak ko.kahit akoy nasa malayo lagi pa rin ny akong hinahamak at pinagbibintangan n meron akong kinakasama.Ngayon po nagdesisyon n po akong makipagiwalay sa kanya dahil masyado n akong napuno sa mga ginagawa ny. Sa ngayon kinuha ny ang aming anak sa poder ng magulang ko kahit alam nyang di nya kyang suportahan ang aming anak.Ginugulo ny ang magulang ko at maraming paninirang puri ang ginagawa ny laban sa akin at laban sa pamilya ko. Hangang sa malaman ko na he treaten my life na papatayin ny ako kapag kami ay nagkita at pag nagpursigi akong makita ang anak ko.
Atty ano po ang pwede kong gawin at pwedeng maging ground ng ifile ko n annulment?pwede nyo po ba akong hanapan ng kakilala ninyo pr matulungan ako sa problema ko?magkano po ang maaabot na cost at until when po ang processing?sana po matulungan ninyo po ako.
My husband and I both want an annulment although we’ve been married for 12 yrs now with a daughter. He wants one because he already has another woman and has a daughter with her. They met abroad and live there now. The problem is he wants me to be the one with the problem, though we both know it isn’t true. Should I agree? and does annulment still entitle you to financial support? Or can I add some stipulations if I agree like added support since I will be out of a job soon (our company is closing). Thanks!!!
Hello,
Greetings!
My bf po ako ngaun ilang buwna palang kami. before ko siya naging bf alam kung may asawa siya dati at may 9 years old na anak. Iniwan po siya ng babae dahil sumama sa ibang lalagi mag iisang taon na po.Kasal po sila sa judge.Ngayon po gusto na niyang ipaannul ang kasal niya para maging legal na rin kami kung sakaling magsama kami.Napag-alaman mo nya na hindi tunay na pangalan ng babae ang ginamit nong kinasal sila. Muslim po yung dating asawa nya. Gusto ko pong malaman if anong dapat gawin para maanul sa madaling paraan ang kasal nila. Busy po kasi kaming pareho sa work para pumunta pa ng attorney. sana po masagot nyo ang tanong ko..aantayin ko po ang sagot sa aking email address. maraming salamat po and more power
Cydelgen:”)
I’ve been seperated from my husband for 6yrs already,we both have seperate lives, but we have 2kids that with me. I would like to file for an annulment, how much would it cost and for how long. Would it be possible for an non-appearance.
Regards,
Jacky
Hello there, Attorney! I would like to ask po kung may pag-asa kaming ma-annul ng asawa ko. We’ve been married for more than 2 years now, civil rites. Parang napilitan po kasi kami pareho dati na magpakasal kasi nabuntis nya ako. D po kami magkasundo sa lahat ng bagay. Nagsasama lang kami dahil sa anak namin. Nagresign na po ako sa work ko, so cia na lang ang nagwowork sa aming dalawa. Nakapisan po kami sa pamilya ko. Pa’no po ako makakasiguro na puede kami magpa-annul? If ever po ba na ma-annul ang kasal namin, puede po kami pareho mag-asawa? Sakin pa rin po ba mapupunta ang anak ko? Kailangan nya pa din po ba suportahan ang anak ko? Salamat po. Sana maliwanagan ako, kasi gusto ko pong legal na magkahiwalay kami, d ko na kaya magkasama pa rin kami kahit walang love. More power!