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

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

  1. Lhen

    ask ko lang po gaano. katagal ang certificate of finality?i havemy annulment final court decision last march 15,2017..nagrerequest po ako ng certificate of finality from the court sa Rtc naval biliran leyte..ang sabi ng atty na humahawak.ng kaso ko wala pa daw report from OSG..magbabayad ba ako sa certificate of finality?pano ko po malalaman n ipinasa nila sa OSG.. pwede poh kaya personally ko isubmit ang decision ko sa OSG..syado na.poh kasi kakastress..salamat

    Reply
  2. Lourdes

    Hi mam,mag papa annul sana ako totoo po ba na may 6 months lng po..?at magkano po ang annulment man..

    Reply
  3. Lourdes

    Sana matulungan nyo po ako kasi ang mahal ng singil skn.tapos may hinihingi pa skn na monthly payment for hearing poh..dapat po ba magbigay ako tapos ung bayad sa annul ko po sabi 6months lng daw ….sana matulungan nyo ako salamat

    Reply
  4. girlie

    sir ,

    Does your office offer this type of legal services? What should be the steps of obtaining one?

    Reply
  5. jenny

    good day!
    kinasal ako s isang korean year 2008. after 3months nagpunta ako s korea pero 10araw lang ako nag stay duon. the marriage didnt work out well so the only way is to file a separation in korea since we got married in the philippines pero ilang araw lang umuwi n ako pinas.so wala n ako balita. after leaving korea, wala na ako balita at kahit contacts o cummunication at all s kanya o kahit n s friends or relatives nia.
    sooner or later in the future xmpre meron akong mamahalin at handa ako pakasalan pero pano kung kasal pa ako. they suggested na ipa annul nga daw ang kasal. its been 9 years since we never had any communication. no sms, call and even in social media..
    i am hoping that u could help me regarding this matter.

    Reply
  6. everlyn

    Hello po,

    Gusto ko lang poh hingi ng advice sa inyo sir. Tungkol sa problema ko. Ito kasi kinasal ako ng sapilitan ng pamilya ko dahil naka buntis ako noon. Sa una pa lang ng pagsama namin wala ako pagmamahal naramdaman. Dumating sa punto na lagi ako naglalayas dahil nga natali ako sa isang sitwasyon na hindi ko ginusto.

    Matagal na kami naghiwalay may kanya-kanya na kami buhay. Kahit hiwalay kami hindi ko pinabayaan ang anak namin, lagi ko parin sinusupurtahan hanggang ngayon.

    Tanong ko lang pwedi ba ako ma annulled kung ang rason ko lang ay hindi ko mahal ang asawa ko at na pilit lang ako magpakasal sa asawa ko?

    Reply
  7. Miles

    Hi Atty! I am married for 13 years. But since the birth of our child, I haven’t seen my husband. I found out that he had previous marriage and used a different name although the same surname in our marriage certificate. Our son uses his surname. I want it changed. I want to know as well if the marriage is void. What less costly process can I undertake? I’m like a single mom receiving no support. Please advise.

    Reply
  8. Charis

    Hi po atty..ask ko lang po kinasal po ako nung 2005..18 years old yung ex ko at ako 21..2006 naghiwalay po kami dahil sa kalabisan niyang pananakit physically and verbally,tapos gabi gabi siyang umiinum ng alak 2 or 3 jumbo of alcohol..araw din po niya ako binubogbog…hanggang sa tinulungan na lang po ako ng pinsan ko na makawala sa kanya..as of now 11 years na kming hiwalay my mga kanya kanya n rin kmi pamilya..hindi n rin po kami nag uusap at nagpapansinan..panu po ang hahawin ko gusto ko pong maannul yung kasal namin at maging legal na ang hialwayan namin?hope i can receive a response to you atty…
    Thanks po

    Reply
  9. Jin

    Hi po atty. Ask lang po sana ako. Nag file po ako nang annulment noong 2016 tapos po first hearing yong ex husband ko ay hindi nagpakita at di rin po siya nagbigay nang kanyang counter affidavit sa court, second and third hearing po ay postpone kasi hindi available and prosecutor. Aabot po ba ang annulment ko ng matagal na panahon bago matapos? Thank you po and God bless.

    Reply
  10. meya

    hi atty,,
    can i ask question,,my annulment is in process ryt now,,nsa resolution for motion for recomendation and its stated that its not granted for lack of evidence..but on the decision of nutillity and anulment stated that is granted already..and the last part that i received on my summon is all the documents evidence in this case is submitted in the court of appeals??whats next step should i proceed in avail to remary..is this case is already done??

    Reply

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