Here’s something that should keep everyone busy over the long weekend. One of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages –
Sec. 4. Venue.– The petition shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing, or in the case of a non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.
Sec. 5. Contents and form of petition. – xxx
If the petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country.
Residence connotes “actual residence” as distinguished from “legal residence or domicile.” It is the personal, actual or physical habitation of a person, actual residence or place of abode that signifies physical presence in a place and actual stay thereat. In other words, the possible venues for filing the petition for annulment or declaration of nullity are the following, at the option of the petitioner:
1. The province or city where the PETITIONER has been residing for at least six months prior to the date of filing.
2. The province or city where the RESPONDENT has been residing for at least six months prior to the date of filing.
3. In the case of a non-resident RESPONDENT, the province or city where he may be found in the Philippines.
Now, here’s the fun part — since this is a forum and discussions are most welcome in order to dissect points of law, let’s tackle the venue in the case of a Filipino staying abroad, even if on a non-permanent basis. Would that Filipino be considered as a non-resident, and, if so, is he/she left with the sole option of filing the petition for annulment or declaration of nullity at the province or city where the respondent has been residing for at least six months prior to the date of filing? Let’s complicate matters — what if the spouses have long been separated and each has no idea as to the actual residence of his/her spouse? Where, then, should the OFW file the petition? Let’s hear what students of law (and I use this term loosely to refer to law students and lawyers) have to say.
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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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Opinion:
On the 1st query: my answer would be on the affirmative. The Filipino is considered a non-resident Petitioner, The Law is very clear where….xxx…The petition shall be filed in the Family Court of the province or city where the petitioner…..xxx…has been residing for at least six months prior to the date of filing…xxx…. at the option of the petitioner (sec 4)., with his duly authenticated verification of certificate of Non Forum shopping from the duly authorized officer of the Philippine embassy…(sec
5, requirement on non-resident petitioner)
On the 2nd query:
In case where petitioner is in a foreign country (be it be of permanent or temporary in character), the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country, so long that such petitioner file such petition in the Phillipine Family Court of the province or city where the petitioner has been residing for at least six months prior to the date of filing, at petitioners option.
as quoted from you:
In other words, the possible venues for filing the petition for annulment or declaration of nullity are the following, at the option of the petitioner:
1. The province or city where the PETITIONER has been residing for at least six months prior to the date of filing.
2. The province or city where the RESPONDENT has been residing for at least six months prior to the date of filing.
3. In the case of a non-resident RESPONDENT, the province or city where he may be found in the Philippines.
Your answer is not responsive to the question. The question assumes that the residence of the respondent cannot be determined since the spouses have been under a de facto separation for a long time.
If the residence of the respondent for the last six months before the filing cannot be determined, then where do you file the petition?
Moreover, if the petitioner have been residing abroad e.g. for two years, there is no way of determining his residence in the Philippines six months before the filing since he was out of the country six months prior.
That is the big quandary, my friend.
Hope it would be possible to inquire in this section….. Kindly advice the nearest location of the Family Court in Pasig or Cainta,
Thank you
Just a query?
How much is the usual (on the average) acceptance fee for an annulment case? Thanks.
pls help,
WHAT IS THE VENUE IN FILING IN COURT A DECLARATION OF THE PRESUMPTIVE DEATH OF A SPOUSE? IS IT:
A) THE LAST KNOWN ADDRESS OF THE PRIOR SPOUSE?
B) ADDRESS OF THE PETITIONER?
C) COUPLES RESIDENCE?
D) OTHERS
PLS INCLUDE LEGAL BASIS AND JURISPRUDENCE/ DECIDED CASES.
THANKS
Please do some research. You can find the answers in your civil procedure book and on the net. It’s a good training for your legal research knowledge. Good luck!!!