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).

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 Fifty Thousand Pesos (PhP50,000).
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).

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

  1. Chill

    Assalam Alaikum!

    Good Day Atty!I was married then we separated although not legally. I then converted to Islam and was advised to remarry my wife and put in the contract that we would be performing Talaq after 1 month. Talaq is the divorce proceedings in Islam. Would this be upheld under Muslim Personal Laws? Please Advise. Thanks!

    Reply
  2. Jirah

    Hi I need an advise. I got married when i was 18 years old because i got pregnant. And after 2 years of marriage we’ve seperated for the reason of THIRD PARTY. were 3 years seperated and he didn’t give any support in our son. As far as i know his living now with his new girlfriend and they have daughter already. What can i do? is there any ground so i can file an annulment? Please let me know… thank you very much.. God bless poh!

    Reply
  3. leinahtan

    good day,

    i am unhappily married for 10 years now and it started 1998, i was mentally depressed going into marriage after the child was born, that i only married her FOR THE SAKE of the child.
    is it possible for me to file an annulment that all through the years passed by we both know we are extremely living for the child alone and that theres no harmony and love inside our marriage, and that we have an awful time adjusting with one another.
    please help, many thanks

    Reply
  4. noeleen_4

    hello attorney.i am married to a japanese national in the philippines three years ago.we filed a divorce due to his attitude.he is a womanizer.is there a possibility for him to remarry a filipina in spite he was married once in the philippines?

    Reply
  5. jhay

    nasa ibang bansa po ako ngayon, nagpunta po ako dito para mabigyan ko ng magandang buhay ang asawa ko, mag 8months palang po kaming kasal sa west bago ako umalis tapos po nalaman ko po sa mga magulang ko na nanlalalaki po siya, at buntis daw ng 1 month ngayon, ang tanong ko po ganito, papa ano ko po siya mahihiwalayan ng legal para makapag asawa ako ulit? tsaka pwede po ba akong magpa annul kahit nandito po ako sa abroad nagtatrabaho?at Gaano po katagal bago makuha yung annulment decree after ng final decision ng judge that the marriage is annuled? Thanks!
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  6. jhay

    nasa ibang bansa po ako ngayon, nagpunta po ako dito para mabigyan ko ng magandang buhay ang asawa ko, mag 8months palang po kaming kasal sa west bago ako umalis tapos po nalaman ko po sa mga magulang ko na nanlalalaki po siya, at buntis daw ng 1 month ngayon, ang tanong ko po ganito, papa ano ko po siya mahihiwalayan ng legal para makapag asawa ako ulit? tsaka pwede po ba akong magpa annul kahit nandito po ako sa abroad nagtatrabaho?at Gaano po katagal bago makuha yung annulment decree after ng final decision ng judge that the marriage is annuled? Thanks

    Reply
  7. hesrhy72

    Hi Atty fred i was seperated almost 4 years from now.i just want to ask is my marriage still valid? if it’s still valid how many days is the process of approving my annulment?I’m out off the country(Phil)right now leaving with my fiance here in abroad,how will be the process?and how much it will cost for the annulment Atty.Thank you so much for reading my email.

    Hershy72

    Reply
  8. nomos

    Greetings everyone, I can get legally divorced in a simple way within months.

    Issue: How can I obtain legal divorce, as a Filipino, here in the Philippines with its present laws?

    1. I can change my Christian religion to any religion at anytime because No less than Section 5 of the Bill of Rights of the 1987 Constitution declares, thus:

    “Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

    2. Since our marriage goes wrong, I can settle with my spouse on the prospect of divorce, its arrangements on our common properties together with custody our child or children.

    3. For purposes of divorce, We or I, will convert my religion to Islam so that I can avail divorce as provided under Presidential Decree 1083, which only applies to all Muslim-Filipinos.

    4. Under PD 1083, we have 7 grounds for divorce to choose from depending on the situation.

    5. After converting, We will Petition for Divorce in a Sharia’h Court pursuant to our settlement or arrangement on our children and properties.

    6. Then it is done, WE ARE DIVORCED and we will then convert again to Christian for the purpose of marrying again.

    Reply
  9. efeiram

    Good day po!
    Six years ago po, I met my husband. He is a foreigner. He knew someone who can process marriage license for us. I was 23 at that time. He paid that person, and we were given Marriage certificates and license which we signed. After just a few days, we received the registered copy of Marriage certificate. There was no ceremony. We just signed the contracts and waited a few days, and it was returned to us with stamp of registration in Registry Office. He did not present any Legal Capacity to Marry, or proof that he was a widower. After a few years, I checked in NSO, and my marriage was also registered there. My question is: in view of the circumstance of our marriage, Is our marriage valid or null?

    Reply
  10. JONANG

    GOOD DAY,
    HI I HAVE A QUESTION TO MAKE,MY WIFE FILED A ANNULMENT OF MARRIAGE AGAINST ME,I DIDNT ATTEND ALL THE INSTANT CASES ON THE GROUND OF PSYCHOLOGICAL INCAPACITATED.SHE PRESENTED 2 WITNESSES THE PSYCHIATRIST AND OUR HOUSEHELP. DURING THESE PRESENTATION OF WITNESSES I FOUND OUT IN THE TSN BECAUSE I OBTAINED ALL OF IT,AND TO FIND OUT THAT THE FISCAL DIDNT APPEAR IN THOSE CASES YET THE PRESIDING JUDGE CONTINUED THE HEARING WITHOUT THE PRESENCE OF THE FISCAL IN BEHALF OF THE STATE.IS THIS LEGAL? MY SECOND QUESTION IS MY WIFE AND ME DIDNT SUBMIT TO ANY PSYCHOLOGICAL TEST OR EVALUATIONS,YET THE PHSYCIATRIST WERE ABLE TO CONCLUDE AND SUBMIT A REPORT THAT I AM PSYCOLOGICAL INCAPACITATED.LASTLY,BEFORE THE STARTING OF OUR ANNULMENT PROCEEDINGS WE WERE CALLED TO ATTEND AN INVESTIGATION BY THE FISCAL TO FIND OUT IF THERE IS COLUSSION. I PERSONALLY ATTENDED THAT INVESTIGATION AND SAID THAT THESE CASE IS WITH OUR BOTH CONSENT OR WE AGREED ON THIS.YET IN THE REPORT OF THE FISCAL TO THE JUDGE IS THAT THERE IS NO COLLUSION.DURING THOSE INVESTIGATION MY WIFE AND I DIDNT PRESENT ANY EVIDENCE.THANK YOU

    Reply
  11. maribel1218

    Hello po attorney, Can I ask assistance po kasi ang husband ko he wants to file a annullment case sa pampanga kasi po ang tita nya ay head ng dswd sa pampanga. I really felt degraded, niloko na po ako pagtutulungan pa..Can he file po ba sa pampanga gayong ang residence namin ay sa binangonan, rizal.

    Thank you talaga sa help

    More power and godbless po!

    With due respect,

    maribel

    Reply
  12. praningles

    atty. ask lang po, 7 months na po kami hiwalay ng wife pero nung by sept nawala communication namin even sa mom nya which dating ka work ko, same dept parin kami ng mom, nakakita po ako ng pic net na may kasama sya at the sametime nakita rin pala sya ng friend ko sa mall kasama nga ung guy, magkaakbay, even ask my friend na friend ng mom inlaw ko, confirmed po, tapos sya pa may gustong mag file, do i have a defence for that? ako honestly wla karesyon, been hospitalized panga kaiisip, even affected my work, laughing stock na nga ako kz bat naasa pa ko, any advices po kz hirap isipin asawa mo my kalaguyong iba, medyo mahilig pa naman un sa mga bagong bf nya, reply namn po kayo sa email ko cnlpjr@yahoo.com

    TIA

    Reply
  13. jul

    hello atty.fred

    good day to you and to your staff,
    atty.ipa follow up ko lang po sana ang tungkol dun sa katanungan ko since na malaki ang tiwala ko sa column nyo, sa nasabi ko na po im separated for almost 7yrs already, i have 3 children, since na naghiwalay kami ng ex ko wala na kaming balita at di po nagbibigay kahit sintimo sa mga bata, pag nag ask naman po ang mga bata sa mga kamag anak nila wala din po daw silang balita, on that situation atty, fred can i file already a case at san po ba ako dapat lumapit?
    nag try na po akong lumapit sa mga local lawyers sa lugar namin but they aask me much money which is very hard for me as a single mother.

    thank you very much atty. im looking forward for your reply
    juliet.branzuela@yahoo.com

    Reply

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