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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Sir,
I would like to seek NULLITY of Marriage. I’m hoping you will give me brilliant advise on my case, as you always do to most people here seeking the same.
We were married in a church mass wedding after 5 years of living together,officiated by our High Ranking Officer, whom he has power to officiate a wedding. I belong to the AFP. Since, we have been living together for 5yrs., there were almost no pre-requisites needed from us, neither C.I conducted from our Superiors for my wife to be, which is a common procedure to where I belong.
I would like to state shorty & briefly my case. I gathered her CENOMAR from NSO. It appeared there that my wife has 2 marriages. She has a previous marriage. This I never knew. She also has children from 3 different men, unfortunately I happen to learn only when One by one of her children appeared at our door year after year. Before we live together, she never told me she has previous marriage, or at least never entered into any marriage with any man before me.
When her first child appeared, I asked her many times the whereabouts of the father, but she always tells me that the man had died already. Whenever I ask her when did he died, she can’t even give me any date, when I ask her how come she knows that this man has passed away already, she only told me her parents said so.
Back to the CENOMAR. After I got a copy of that from NSO, i requested a copy of their marriage contract too. There appeared the name of the man she married first and the date, and it was stated there that the man was a widow.
Now, what if her first husband was indeed dead already when we celebrated our marriage, does that mean that my chances of filing a NULLITY OF MARRIAGE be in vain?
Let me add too, that I had tried to request a copy for a record of any DEATH CERTIFICATE from NSO, but there was no record found with that name and birthday. But I have second thoughts too, that maybe the man was already dead, considering that when they got married with my wife in 1992 he was 72yrs. old already, and by the time we celebrated our marriage with my wife, that was year 2000, chances are he could have passed away already.
I’m really confused. DO I still have any chances on getting a Declaration On Nullity Of Marriage?
Thank You very much
hello po atty.
ba;lak ko po imuwi ng pilipinas para mag file ng annulment sa asawa ko. pwede ba ako mag file kahit na sa saudi sya? paano po yun gagawin?
thank you
Dear Atty. Fred,
I had a big problem that I am bearing for almost 4 years. I was secretly married to my previous boyfriend way way back 2005 when I was still 17. We went to Manila Ciy hall, but since I was only 17 there was no ceremony ever happenned and there was no parental consent at all however the said Atty. Bagsik let us sign marriage papers which I really do not have any idea at la.. They said that they’ll process the marriage after I turned 18. We never live together after the secret marriage just enjoying being boyfriend and girlfrined however due to several differences and several figts I fall out of love and broke up with him. My ex boyfriend even use the papers just to frighten me. He said if I will leave him then he will tell my parents and my relatives about it. I cannot quit easily because I do not want to let my parents know about the mistake I did. I am not yet ready for marriage due to the fact that I love to finish my study and I do not have someone to seek advise with on what I have to do until I found this site today. I am now working in a Call center company and my ex boyfriend went to Iloilo to move on. He even had a son with his wife which he said he married in Iloilo city hall. His son was turning two. I am still single as in no child yet and I do not have a partner though I had a boyfried after him.
I want to know what courses of actuion do I need to do. Can I file an annulment case? I am confused which ground will it be under. I am thinking that it will be under lack of parental concern. Am I right with that Atty.?
Hi Atty.:
There is something that is bothering me recently. My marriage with my ex husband has already been annulled more than a month ago. He was the one who filed the annulment and now he’s asking me the whole amount of fee he paid for the annulment which i really can’t afford. Now he is threatening to file adultery charges until i pay him the sum he is asking. Can he still file adultery charges now that our marriage has already been null and void?
My kids who are in ages 10 and 5 are with him. He filed for custody but the decision of the court did not come out with the annulment decision. Can I still file for custody?
Please enlighten me with this subject. Thank you very much.
good day sir! i married for more than 1 yr. my husband is not my son’s father and were not compatible to each other, even him he had a daughter to other woman and i cant hide the truth to my family for a year again. in my case fraud, is that void or we need to go through an annulment? thanks.
Morning poh attorney ISA poh akong sundalo at balak kung mag file ng annulment sa asawa ko pwede poh kayang dahilan ung ndi ako mabigyan ng anak?pag nagkataon poh ba pwede akong matanggal sa serbisyo o kaya upaalis nya ako sa pagkasundalo ko?sana po masagot nyo mga katanungan ko attorney maraming salamat poh.
Saan ko po ba makikita ung reply skin?
hi.. good day Atty.Fred..
how can i contact you? i need to file an annulment and i want to have a good lawyer.. that could help me… and i have a few questions to you.. can i please ask for your contact? thank you so much..
p.S
im looking forward to your reply thank you so much.. atty. can i leave the country while the case is being process?
hi atty! i have a question regarding my case. I am married to a japanese last january 2009, it is actually an arranged marriage for me to get a japan visa. My husband is my sister’s boyfriend that time who just want to help me work in japan. I am wondering if ever we get divorced in japan is it automatic that we will be annulled here in the phil as well? if not what processes should i undergo? am i going to undergo the annulment process as well. we are married here in the phil. i want to clean my name like being single again. i lost my passport last year and would like to get a new one and wants to use my last name when i was still single. thanks!