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).
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
Hello ATTY.I am Married july 7 tpos nagkuha ako ng pasport sept 12,,pwde ko b gmitin ung single?ksi nbsa ko n 120 days after ng kasal pwde n hndi p gmitin ung surnmae ng asawa.ngaun d2 n ako s abroad,almost 1 yr.n ako my krapatan b xa n e deport ako?kc dw ung pgkuha ko ng pasport ksal n dw kmi.pwde b gmitin n grounds ung pg blakmail ng asawa pra s annulment at ung png insul2.pwde b mgfile ksi d2 ako s abroad ano po b ung pg process?
Hi Attorney Good Evening!
I got married last year. Recently I have applied for my marriage certificate at NSO and NSO advised that they dont have record of my marriage. I am based abroad so I seek help to my parents to get a copy of my marriage certificate in city hall. City hall gave a “certified true copy of my marriage but the certificate given does not have any signature of myself, my husband and even the witnesses and the minister who solemnized our wedding.
I’m not sure what happened but what I want to know is that, if the certifcates does not contain any of our signatures, was the wedding I had last year valid or not?
My husband and I plans to buy a property and I dont know what we are going to do about it as We have not updated any of our particulars because of this issue.
Thanks in advance for your reply.
Hi Atty,
is it possible for the court to change their decision even after they have made the decision for the annulment?especially when the respondent claims that she/he have not recieve any summons from the court?does one have to seek help of lawyer to appeal on court or she/he could just write a letter to the court to prove that she/he doesnt recieve any letters from the court so that the court will withdraw the decision that has already been made..
Hi Atty,
Is it possible for the court to change their decision, even after the decision for the annulment case has already been made?Especially when the respondent of the case claims that she/he have not receive any summons from the court.does he/she have to seek for the help of the atty to appeal to the court? or he/she could just simply write a letter and send it to the court and prove that she/he didnt receive any letter and ask the court to withdraw the decision that has already been made?…..please answer all my queries..thank you!
ung asawa ko is natural US born citizen his filling for divorce this week once its granted is it honored? coz im planning to get married again.. thanks
gud pm atty. gusto ko po humingi ng payo tungkol sa matagal ko ng problema. may kinakasama po ako ngayon, kasal po sya sa ibang babae. 2 na ang anak namin at sya naman ay may 1 anak na din dun sa isang girl. Ako po ang nauna sa buhay nya, we already had 1 child ng mapakasal sya dun sa isang girl. but b4 sya mapakasal dun buntis na din po ako sa pangalawa namin. sa ngayon kami po ang nagsasama, hinde na sya umuuwi dun sa pinakasalan nya, nagbibigay na lang sya ng suporta para dun sa bata. hinde naman naghahabol ang girl. gusto ko po kasi malaman kung null and void ba ang kasal nila kung “walang solemnizing officer” na nagkasal sa kanila or kung ” wala namang ceremony na naganap” ang sabi po kasi sa kin ng asawa ko pinapirma lang daw sila nung isang girl dun sa marriage contract na binigay ng mother nung isang girl, which happen na ung mother nung girl ay nag wowork po sa mayors office dito sa place namin…actually malapit po sya sa mayor. after nila mag sign sabi daw nung mother nung girl na sya na bahala mag process.in other words po parang napikot po sya. maari po ba itong maging ground para maging void or null ang kasal nila. lasi po gusto namin magpakasal. pls answer po my question. thank you very much po.
…in addition po atty. pwede po ba maging grounds un for annulment. at saka po eversince makasal sya dun sa girl hinde naman kami nagkahiwalay, we still leave in one roof, parang ang ngyari po ay salitan ang naging paguwi nya sakin at dun sa napakasalan nya. this was only good for 4 months, until such time na hined na talaga sya umuuwi doon. alam na din naman ng isang girl ang situation eversince naman po kasi alam nyang ako ang nauna at may anak na kami. atty please help me sa na matulungan nyo po ako. tnk.
Atty. I need your advice. If the marriage permit was forged or signed by a different person other than my father, will that be sufficient to nullify my marriage contract?
frank01ph@yahoo.com
Atty Fred,
Hello atty, i need your leagal assistance Ive been married for eight years and i have four children with her. Now im already here in Saudi. I want to file for annullment of marriage. Can you give some basis for my annulment. My wife has a very bad temper, she always making decision to the family, she will not listen to me. She always say bad things to me especially in front of our children, like for example when she angry, she spoke to my children that they will find another father to them. She always make verbally abuse to me. That im not a good husband, im not a good father and not a good provider to them. For eight years ive been patience to her, thinking that she will change soon and especially for the benefit of our children but enough is enough i cannot take it anymore. So i tell her i want a separation or annulment. When i told her that she burst again like a bomb. I cannot bear again the difficulty of living with her. My second question is, it is posible that if i file an annulment and not appear to the court bcoz im here in saudi working. Do you think it will proceed? Hoping for your helpful response to my problem. Thanks and regards.
’ve been to a quickly marriage Dec 1999. I’m not aware of applying marriage license or even signing it. He left me for another woman and after my still birth January 2000. After 1 year, out of my depression i work abroad but before i leave i checked NSO for marriage contract but no avail. October 2004 i married my boyfriend in the Phils. I got a CENOMAR copy from the NSO. We are living here in abroad now. The problem just arise this year when i’m getting some papers in the NSO i just found out the i have an existing marriage contract from my previous marriage but not on my direct name (mispelled name)
Please enlighten me on what i will do.
Thank you very much…