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 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).
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Good day,
i have a friend who married this man who was separated(but not legal).My friend knows that he was married even before she agreed to marry him. They are still leaving together for almost 20 years now. Can she be considered a legal wife?
good morning attorney,
i was married po 2001, and then i left my husband 2004 in the philippines i work po here in kuwait til now,my question is he got 2kids already to other woman,almost 4yr old narin po ung panganay nya isa po syang philippine army,at heto pa po my other problem ung ikinasa po kami i was 17yr old pinadagdagan lang po ung age ko thru late registration at di po namin pinaalam sa parents ko until nakaschedule na po ung kasal namin…anu po bang dapat kong gawin?if i file for annulment po mga ilang buwan po ba bago ung result?and if magkano po ba ang bayad attorney?thank you po…hope u can answers my questions…tnx a lot…
rhona
reply po here attorney fred…ritch_love_84@hotmail.com or janicedapar@yahoo.com
thank you so much…sana po masagot u po mga questions ko
Atty. Fred
Good Day. I’m Lorenz 27 years of age. I’m married for 7 years. I was married to my wife when I was 20, she was 22 then. She became my girlfriend for 1 month, when she asks me to marry her. I was broken hearted then, after my previous girlfriend left me. I don’t love her, but I decided to marry her, also because of the convincing ability of her family, and she became my wife. Honestly speaking, during our civil wedding, I really want to back out, but my mother told me that it will be a big scandal, so I have no choice.
We have 2 kids now, 6 and 4 years old. From the start, and until now, I’m not happy with our marriage. She have no job, well it’s okay that I’m the only one looking for money because I’m the man, but she is so lazy in doing household chores, and she’s not taking care of me. There are many times that I want to leave her, but I’m thinking about our kids. Honestly, I have relationships with other girls just to find the happiness that I’m looking for. Now, I met a girl that I know, she’s the one I want to spend my whole life with. I want us to be married and be happy. I want to file an annulment and be free. Do you think I can win the case if ever my wife will accept the annulment?
hi po sir
ask ko lang po if valid ba ung divorce from korea to philippines.kasal po kasi ako sa pinas with a korean guy.then after nagsama na kami sa korea but i found out that he has a mental problem and he kicked me out from his house.lagi nya akng sinisigawan at mga pangit na salita i have my witness na me deperinsya tlga xa.and even his family alam ang situation namin at alam din nila na hindi ko kasalanan panu ko po magagawan ng paraan para ma annul ang kasal namin sa pinas.tnx po
hi atty, i was married april 2002, then we got separated same year, i was physically abused, we never had a child, after we were separated we never got any communications, as i believe he has his family now with a child & same with me, when we were married i never change or declared to any of my papers that im already married-sss, tin & others, now i really wanted to file an annulmet but i dont know how to start, i really wanted to remarry again with my current bf, i just want to ask how long it takes & how much it will cost me? and is it possible to file an annulment if my husband is in the other country as that was the last thing i heard about him. thanks u so much & hope for ur reply, pls email me
hi!
i had a boyfriend and his wife filed an annulment case last january
and just march 5, 2009 he had the papers already from the Regional Trial Court Branch 90, Dasmariñas Cavite..it has 3 pages and it says entry of final judgment and decree of nullity of marriage.
how will i know if this is true?he told me they paid 200,000 for it and it didnt say on the paper on what ground was the annulment.
and it says that on April 2, 2009 become Final and Executory.
i have the original copies and i just need your advice on where to go to for me to be able to know if it’s fake or not.
please ill wait for your reply.
thanks
hi Atty.
me and my husband we’re separated for more than 6 years now. di talaga kmi magkasundo dahil sa gulo na rin ng mga pamilya nya na laging nakikialam. at wala din syang sariling disposisyon laging nakikinig sa nanay nya. i want a peaceful life with my daughter. at lam kong di un mangyayri if hes not going to be mature enough to handle yung family namin so i decided to file a legal separation. is it possible to approve it even though he doesnt want to sign it? please ill wait for your reply.
thanks and God Bless!
hello atty,
please i need your advise asap…my husband want us to seperate sabi nya hindi na daw nya ako mahal…pwede po ba yung ganun? basta ka na lang iiwan pag gusto nya? ano po pa ang tamang gagawin ko sa ganitong sitwasyon?
we are married for 2 years na po at sa huwes po kami ikinasal…
thanks & more power…
1stwife…
hello atty, i got married may 25,2002 less than a year after our marriage we got separated due to our differences,i also later on found out from her the reason she married me was to get back to her ex-bf,from 2003 up to now there was no communication between us and as well with our family member, i don’t know her where about. is it now ok for me to file an annulment or legal separation?
hoping for your reply.
Thanks