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. Avatarweng

    hi atty.i have a situation ..me and my wife got married through civil marriaged but got seperated within three months since i found out that shes having an affair with other guys..shes working abroad and we both agreed to seperate …in my side im having two dependent and she on her side also had her own dependent during her single years..we both decide for annulment but now she changed her mind she said she’ll file a case about me of having an affair with the mother of my children the fact that the mother is working abroad also and only communicating to me for her children… since i get married with my wife only for two weeks we lived together and she left and we got seperated for almost two years now..is it possible for her to file an case without going through procedure of annulment…please advise.

    Reply
  2. Avatarmaricel

    Good day sir my question is iwas born Aug 22 1979 I was married in march 5 1995 I was 15 then but it was not registered on city hall in may 14 1998 they file the same marriage contract but iwas not yet 18 my question will this be a ground for nullity of my marriage thank you very much hope you can answer my question thank you

    Reply
  3. AvatarTanya

    hi atty good day po. i wish to see some advice from you regarding my situation. my ex and i (both aged 26) got into a secret marriage 9 yrs ago but have not leave together nor acted as a husband and wife at all. Nobody knows about the marriage as we intend to kept it for long until we are ready enough to have our own family. unfortunately, i went abroad and because of his constant jealousy and quarrels we decided to end our relationship and marriage. after that we have not communicated not seen each other anymore, after few years i found a partner and now has a child. last time i heard he’s into a relationship and planning to get married na po. is there anyway we can nullify the marriage since we have not act upon it at all naman po? thank you very much po.

    Reply
  4. AvatarTrunkz

    Hi Atty.

    Hi Atty.
    I’m a seaman and unfortunately I got married to unfaithful woman. We got married last April 2008 and got a son. On Year 2010 while im on board, my family told me that my wife was having an affair to another man. When I finished my contract on 2010 and went back home I found out that my wife was left and went to Australia with his Australian chatmate bringing our son. It’s been 5 years since she left and I found out that she have already a daughter with his Aussie chatmate and I am also now in a relationship with another woman. My question is, is there any possibilities that our marriage will be null and void if my wife will not come back anymore because she already got her permanent resident/ citizenship in Australia now?

    Reply
  5. Avatarronnie

    Sir, gusto lo lang po itanong kung ang typepographical error s marriage contract is ground for nullification, narinig ko po kasi before s isang celebrity atty na any error is ground such as wrong date, name..etc.. ganun din po b ang pagdadaan..less b ang bayad s abogado, paano po yung mga pagaari nyong dalawa within marriage, hati po b kahit ang bumli ng ari arian ay halimbawa ay public vehicle ay magulang ng babae.. saan po ako pwedeng mag inquire, can you refer to a legal counsel.. thanks

    Reply
  6. AvatarNick

    Good Afternoon,

    Is there a website or somewhere to go to check the status of a ruling on an annulment?

    Thank you,
    Nick

    Reply
  7. AvatarRoxanne

    Hi Atty,
    4 years na po ako kasal sa dating asawa ko na iranian at ako ay inabandona ng 4 ago hindi na siya nagsuporta sa akin ng perang financial kahit ni singko hindi siya ng bigay sa akin ng pera. Gusto ko na po magfile ng annulment para mapawalang bisa ung kasal ko.
    Please give idea advice for me here my situation now para mapaannulled ung kasal ko sa iranian national.

    Reply
  8. Avatarbelle p

    Hi atty Fred

    hiwalay po kami ng asawa ko almost 6 years na and we decided na mag hiwalay legally para mamuhay na po kami kanya kanya. we have 4 grown kids my eldest son is 27yo and my youngest son is 16 yo. So wala naman pong problema sa mga anak ko na maghiwalay na kami ng ama nila.
    gusto ko po sanang mag tanong kung magkano po ang aabutin para sa madaliang proseso sa annulment.
    maraming salamat po.

    Reply
  9. AvatarMar

    Hi,atty tanung ko lang kung ilang months ang process ng annualment ng kasal,may devorse papers na sa japan at parehas na may signature both side,at magkano magastos lahat?

    Reply
  10. Avatarnel

    atty good day

    me and wife are living separated already for 5yrs. we have 2 kids 11 and 4 both girls. my wife talked to me she wants an annulment and so do i. the kids are with me cuz i can provide much better education and environment for both. she visits the kids here in my domain overnight or for a day. my wife though she have a job doesnt contribute any penny to the kids education in which i dont mind. i told her also that i wound not mind if she has a bf she would not hear any from me nor to the kids… i also talked to my eldest regarding this she understands naman… i want to ask if both parties agrees for annulment will that be easy to file and be done? or do u have any of your colleagues that can assist me with all the stuff on PAO?

    Reply

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