Annulment in the Philippines: Questions and Answers (Part 2)

One of the more popular posts in this Forum is Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers. It’s time we collate other common issues relating to this topic. When we speak of the “annulment process”, we’re using it in a general sense to include both a petition for annulment and a petition for declaration of nullity (the difference between the two was already discussed in Part I).

Annulment, Divorce and Legal Separation Q&A 2

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 a Hundred Thousand Pesos (PhP100,000).

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 you can’t find the answers here, please refer to Part I, Part III, Part IV, Part V, or other related posts. You can check the Related Posts at the bottom of each post. You can also use the Search function (also in the right sidebar).

Atty.Fred

180 thoughts on “Annulment in the Philippines: Questions and Answers (Part 2)

  1. AvatarCharles

    Good Morning Atty.

    I just want to ask if possible for each partner will include verbal abuses, emotional abuses as a ground to file a legal separation? And, Is it possible that the Legal Separation will be upgrade to Annulment?

    THANK YOU!

    Reply
  2. AvatarJhen

    Hi sir, 2010 kmi ikinasal Mula po ng kinasal kmi di kmi nagsama sa iisang bahay dahil sa malayo po Ako nagtatrabaho at di rin sya nagtrabaho mula noon at namuhay sya na parang walang pamilya pinabayan kmi ng anak ko..3 taon n po kming Hiwalay ngayon at gusto ko pong magfile ng annualment my right po ba Ako pr magfile?

    Reply
  3. AvatarHale

    Good day Atty Fred,

    I would like to inquire, if the marriage consent form wasnt signed by our parents but was forged, is the marriage still considered legal?

    Reply
  4. Avatarjerome

    gud eve, Atty Fred, my wife and I were separated (not legally) for almost 8 years. I have 2 kids. From time to time I visted them and give support to my kids, although most of the monry my wife is the using and buying things for her personal use like make-up, etc. I was also in jail for three years and the case filed was RAPE though it was dismissed.I was accused because my wife had done things and put me in sucj predicament. Luckily, I was found not guilty. After I got out of jail, I didn’t go back to her anymore.
    My question is : how can I file annulment? on what grounds? can I use the case filed against me because of her “kagagawan”?
    Please help, thnaks u very much- Jerome

    Reply
  5. AvatarArt

    Hello, i need to know what is the steps for me(foreigner) and my wife(Phillipina)that we have to take so she can take her papers that we require to get married, her current status is married POLITICAL to another phillipino.

    Reply
  6. Avatarwilma

    Sir I’m working here in Turkey. While working abroad my husband take another woman and abandoned my children. Where didn’t talk for. Almost 7 yrs.can I file an annulment. Can I file annulment while I’m here abroad
    Thank u and I hope you answer my question

    Reply
  7. AvatarRachelle

    Hi atty,

    I am already 11 years separated with my ex husband and he never supported my daughter since she was six months old. We got married at the age of 18. So in short he abandoned my daughter and I heard that he got son from other woman.. I would like to marry again.

    Gaano katagal po kya process if I will file annulment with my case… And does it cost much

    Thanks a lot

    Reply
  8. AvatarBenson

    Atty. Meron akong first wife and already separated almost 3 yrs and I have already second wife and she want to Mary her.. but the problem is I already marry to the first wife… paano po gagawin ko wala po akong money para mag pa annul I already consult to the lawyer and so expensive … kpag po ba as public attorney po ako lmpt mag kano po magagastos and how long the process…sana po Atty.matulungan nyo pro ako…maraming salmat po. Hntay ko po reply Nyo

    Reply
  9. AvatarBetchay29

    Hi! i am living separately with my husband 13 years ago but we are not yet legally separated. In case i want to buy a property, please advice how to proceed in order to avoid issue on conjugal property

    Reply
  10. Avatarsol

    dear sir,im intrested also for your advice for my problem..my husband and I both seperated lives before Il go hk.we havent no communication.we have 1daughter his not totally support for my daughter,i want to annul my marriage what can I prepare.

    Thnx,more power godbless

    Reply

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