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

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

  1. AvatarHelen

    He?o po sir..paano ba ako mg file ng annulment of marriage andito po ako sa cyprus 10yrs n po kaming hiwalay may ibang pamilya na po sxa..gusgo ko sanang ma annul na ang kasal namin..please help mo nmn ako..

    Reply
  2. AvatarJhules

    Gud pm sir bakit po sa ibang lugar almost 200k bayad magkanu po tlaga mag pa unallment..pls help me po..gusto ko po sana mag pa unallment.

    Reply
  3. AvatarLibra

    Good evening po sa lahat. I would like to seek any help and advices po kung sino man po ang pwede mag advice and makatulong po sa akin.
    I got married to a Filipino citizen po on January 2009 through a civil wedding po. Then, during that day of the wedding, we forgot to signed the marriage license.
    • 3 to 4 months later after the wedding we got separated
    • around 2012 I asked for CENOMAR and I found out I was still single and the marriage has not been registered
    • then 2014, I requested another CENOMAR then it was stated there that I am a married person already
    • now it is 10 years that I am separated from my husband and he has 2 children already with his live-in partner and I do not have any kids from him either
    • my official documents like passport and ID’s are still single status and I am still using the surname of my father because the registration of my marriage was delayed for few years
    • now, I want to get out from the marriage, what should be the process for my case?
    • is there any decent lawyer that can help me to resolve my case?
    • how much does it cost? I hope it will be cheaper than usual charges
    •how long will it takes to get things done?
    •does it takes time same as the common annulment case?
    •please if any of you has fair advice and help, I am asking for your help
    •to be honest, I am quite frustrated already because I wanted to get out from my marriage license thing and moved on with my life!

    For those who are suffering like me, I feel you! We hope that these agonies of ours will be resolved as soon as possible.
    Thank you!

    Reply
  4. AvatarKrizia

    good day po..mhigit 1year na po ngyon kme hiwalay ng asawa ko..kinasal po kme nung 2010..after 2months po nmen mghiwalay ngkagirlfriend po xa agad..kinuha po nya 3 anak nmen without my consent at inalis nya po akong benificiary nya..OFW po ksi xa sa japan..gusto ko na po sana mgfile ng annulment..tnx po

    Reply
  5. AvatarElayda

    Hello ATTY.,

    Had paid 100K to my lawyer and she filed my annulment case in the province where I was born.
    On my pretrial hearing I mentioned that I am residing in Manila where my work is. And my case was dismissed. Reason I am no longer residing in the province where I filed my annulment case(where I was born). How much time will my lawyer will fill motion for reconsideration? will I need to pay for that? It seems that my lawyer is not filing a motion for reconsideration. no updates. Can I get my refund? How much?

    Reply
  6. AvatarGenn

    Good evening atty:
    Noong 2007 nag file akonng annulment .na sivorce napo ako sa wife ko dahil tumira sila sa US at 1997 po na approve ying divorce na fole nya sa US.nag file po ako ng annulment year 2007 at hindi po na grant dahil.po pinapa serve sa akin ng personal.sa US yung summons. And this year po april nag refile po ulit ako and bakit pi andami proseso pa rin .kailangan po ba na bigyan ng copy ang solicitor general at city procecutor??bago po i publish sa circulation sa dyaryo?

    Reply

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