The irony of love and annulment (steps and procedure for annulment)

It’s no surprise that one of the most popular internet searches is annulment, psychological incapacity and divorce. The emergence of these topics on top of the list makes my task easier. In order to achieve one of the purposes of this blawg, which is to make the law less alien to non-lawyers, I am constrained to choose topics (like bouncing checks or BP 22) that are, in my opinion, more relevant. The task of identification what topics to discuss would be much easier with feedback (either through the trends or, better still, actual suggestions).

After I posted psychological incapacity, someone asked me to discuss the procedure for annulment and the irony of love being expensive (isn’t it ironic enough how “love” appears with “annulment” and “expensive” in the same sentence?)

You thought you’ve found your perfect match. You thought your marriage is bound to last forever, or, at the very least, until the last breath. You’ve thought wrong, you say, and now thinks of seeking legal remedy to end your marriage. Here are “steps” or suggestions in deciding whether to step out of the ring or not:

1. Make sure it is the last resort. As stated in a previous post, love and marriage are supposed to be forever. Try all options, like counseling, to make it work. If there’s no progress, weigh your options. On the other side of the scale is the reality that getting into another relationship or marriage, while the first marital bond is still existing, is a sure way of courting criminal liability (adultery, concubinage, bigamy). A subsequent petition for declaration of nullity/annulment of marriage is not a defense in the criminal action.

2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or psychologist (if the ground is psychological incapacity), etc.

3. Discuss the custody of children, visitation rights, property arrangements and support. Custody over children and separation of properties in annulment are among the most bitter issues in annulment. As much as possible, discuss and agree on these matters beforehand.

4. Make sure to invoke a valid ground. Marriage is an inviolable social institution and any doubt is resolved in its favor. Hence, make sure there’s sufficient basis to go through the procedure discussed below.

The procedure provided under the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages is discussed below. Please note that a petition for “annulment” refers to voidable marriages, which are valid until annulled by the court, while a petition for “declaration of nullity” refers to marriages that are considered void or inexistent from the very beginning. There are other differences (e.g., legitimate status of children, property relations between the spouses, prescription and ratification), but let’s leave those for another day. For convenience, we shall refer to both petitions as “annulment”.

1. Preparation and filing of the petition. The petition may be filed, at the option of the spouse who filed it (called the “petitioner”), in the Family Court of the province or city where the petitioner or the other spouse (called the “respondent”) resides for the last 6 months prior to the date of filing, or in the case of a non-resident respondent, 7where he/she may be found in the Philippines. An Overseas Filipino Worker (OFW) may file the petition even while abroad. Incidentally, upon filing of the petition or anytime thereafter, the court may issue provisional and protective orders.

2. Service of Summons. In simplest terms, this is giving notice to the respondent. Where the respondent cannot be located at the given address or the whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may be done by publication. This is crucial because the court cannot validly proceed without service of summons.

3. Answer. The respondent must answer within 15 days from service of summons (or within 30 days from the last issue of publication in case of service of summons by publication). Unlike in civil cases, the respondent in annulment proceedings is not declared in default if no answer is filed, but the public prosecutor shall be ordered to investigate whether collusion exists between the parties.

4. Investigation report of public prosecutor. The public prosecutor prepares a report on whether there is collusion between the parties. If the court is convinced that collusion exists, it shall dismiss the petition; otherwise, the court shall set the case for pre-trial conference. The Rules dispensed with the requirement, as provided in Molina, that the Solicitor General issue a certification stating his reasons for his agreement or opposition to the petition.

5. Pre-trial conference. During the mandatory pre-trial conference, the court and the parties deal with certain matters, such as stipulation of facts, for the purpose of expediting the proceedings. The petition may be dismissed if the petitioner fails to appear during pre-trial. At this stage, the court may also refer the issues to a mediator who shall assist the parties in reaching an agreement on matters not prohibited by law (no compromise allowed in civil status of persons, validity of marriage or of legal separation, grounds for legal separation, jurisdiction of courts, and future support and legitime). The court may also require a social worker to conduct a case study and submit a report at least 3 days before the pre-trial conference, or at any stage of the case whenever necessary.

6. Trial. This is the stage where the ground for annulment is proved and opposed. The court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case.

7. Decision. After the trial proper, the court renders its decision, which is different from the Decree of annulment. A decision, whether granting or dismissing the petition, becomes final upon the expiration of 15 days from notice to the parties.

8. Appeal. The aggrieved party or the Solicitor General may appeal from the decision within 15 days from notice of denial of the motion for reconsideration or new trial.

9. Liquidation, partition and distribution, custody, support of common children and delivery of their presumptive legitimes. These are done upon entry of the judgment granting the petition.

10. Issuance of Decree of annulment. The court issues the Decree after: (i) registration of the entry of judgment granting the annulment in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the court is located; (ii) registration of the approved partition and distribution of the properties of the spouses in the proper Register of Deeds where the real properties are located; and (iii) delivery of the children’s presumptive legitimes in cash, property, or sound securities.

11. Registration of the Decree. The Decree must be registered in the Civil Registry where the marriage was registered, the Civil Registry of the place where the court is situated, and in the National Census and Statistics Office.

27 comments

  1. Dear Sir:

    I just want to ask regarding filing of annulement. What is the first thing to do. One of my brother is married and they have 2 childrens. But he dont know if the second son is for him because after marriage he went to abroad and his wife is taking a pills. After 5 months his wife stop taking for pills and few months past they found out that his wife is pregnant. Can you please explain to me if possible for this. And one thing they already separated for almost 7 years. Is there any possiblity that no need to file an annulment or they should be? Kindly advise us what should we do.

    Thank you.
    God Bless…

  2. WE WERE MARRIED IN DUBAI AND NOW GOT THE DECISION FROM RTC THAT WE ARE ANNULED..NOW GOIN BACK TO DUBAI. DO I STILL NEED TO GIVE COPY OF ANNULMENT decision TO OWWA OR CONSULATE IN DUBAI??WHEN WILL I GET A NEW SINGLENESS AFTER I GIVE THE RESULT OF ANNULMENT TO NSO AND OWWA?,does paper need to be authenticated by dfa?? if we got married in Philippine consulate, is the consulate considered to be the civil registry where we should submit the RTC decision .THANKS IN ADVANCE..–

    when will i get a singleness after i am
    anulled now? ..plannng to get married in 6 months with my fiancee..still on good relation with my ex and still friends..she has new good life now..we are both Filipinos and really appreciate your reply..thanks..

  3. gud eve,my husbund abandoned us 2 yrs ago.He is now living with other woman..how can i file our annulment?and around how much i will pay for it?in packages?how long it takes?

  4. I am married in the Phils but its already more than 4 years that we have separated. My x husband dont have job since we got married. I was the sole provider for my son since we got married. now, im here abroad planning to get marry with a different nationality. mY fiance wanted to marry me. Kindly please advise me on how to file an annulment even if i am here in uae. Where can i file annulment?
    how many years it will take? And do i need to go back to Phils to have my marriage annulled?

  5. good day atty! sir i want to file annulment is it posible that i get annuled in 3 months or less? both party had no problem plss help?

  6. Dear Sir,

    I am married since 1993 but it didn’t work-out for long. I have been separated for almost 13 years now, I would like to seek assistance on your good office on how can I file my annulment? I have read that in the absence of the spouse for and more than 7 years, marriage considered to be void and NO need to go on court.

    Please guide me concerning this matter because I want to re-married again and leave in a normal family life.

    Thank you.

    Miles

  7. papano po ba ang pagpapawalang visa ng kasal 7yrs na kaming walang komyunikasyon dko na alam kung saan dati kong asawa wala na sila dun sa tinitiran nya plz help me dahil magpapakasal po ako sa bf ko ngayon.

  8. good evening!i just have to ask this questions,what if my husband does not signed or neglect the summon? because i have already had this experience with before and i wanted to talk to him on the brgy. level but he refuses to accept or even signed the summon coming from the brgy, after that they had advise me to go to the higher court but because of financial incapacity i was not able to go on higher court so what if i pursue the case and what if he still refuses to sign or even accept, does it give me a little advantage for filling for annulment? or does it makes the annulment prolong. thank you hope that i can receive all the answers for all my question. Have a Blessed Day ahead!

  9. San po ba ko pwedeng mag file ng annulment dto sa UAE, dito po kasi ako nlagtarabaho… 4 years na po kaming hiwalay at walang komunikasyon, may ka live in na po ako ditto at Plano na nmin magpakasal San ko po ba pwedeng ng annulment pls help me…gusto ko ng magsimula ng bagong buhay…

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