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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hi sir,
im lea and married for almost 8yrs im planning to file marriage annulment because my husband cant stop being unfaithful to me.is this
possible also and do i have a case?
thank you…
Hi Sir,
I AM SEPARATED TO MY HUSBAND 2 YEARS AGO, BECAUSE HE CHOOSE HIS MISTRESS.. WE HAVE 2 KIDS AND THEY ARE UNDER MY CARE. MY HUSBAND NOT SUPPORTING US, TOTALLY NOT SUPPORTING, RIGHT AFTER I GAVE BIRTH TO OUR YOUNGEST CHILD, AND UNTIL NOW. I AM RAISING MY KIDS ON MY OWN. MY HUSBAND DONT HAVE ANY WORK BECAUSE HE DEPENDS ON HER AUNTIE.
LAST MONTh HE SAID HE IS GOING TO GIVE MY FREEDOM IN CASE OF I NEED IT.
I WANT TO FILE ANNULMENT. BUT IT STATE I HAVE NO GROUNDS TO FILE ATLEAST ONE.. WHAT WILL I DO.. WHAT OTHER GROUNDS I CAN TO FILE ANNULMENT. I REALLY WANT OUR MARRIAGE TO BE ANNUL. IS THERE ANY POSIBLE WAY I CAN GET MY ANNULMENT AND REMARRY AGAIN TO THE MAN THAT I LOVE NOW.
I HAVE MY BF NOW AND HE WANT ME TO GET ANNUL SO HE CAN MARY ME
Hi Atty!
I just want to inquire po kung ilang months po ang process ng annulement kapag 15 yrs na pong hiwalay at may asawa na po ung dating kinakasama at gusto ko rin pong malaman kung magkano.. Pls REPLY ME po..
Thank U so Much
MHAI
Hi sir:
Almost 6 years na kame magkasama ng partner ko at my isang anak na, pero until now po hindi pa kasal kasi po kasal sya sa una at my 2 kids sya sa una pero matagal na silang separated mga 7 years na hindi na nagsasama at nakikita dahil Ngayon po pareho na silang may pamilya. May anak narin po ang una nyang asawa sa iba.
Kapag both parties po ay gusto ng annulment mahal pa rin po ba? mahaba din po ba ang proseso kahit ganon po ang situation?
Salamat po godbless!
Hi Sir
I left my husband in the province together with our only child almost 4 years ago. And now i received a petition fromhim for an annullment. I just want to know what will happen if i dont answer his petition or sign any documents will our marriage will be annulled or not? For me i dont agree to have our annullment that is why i dont have any plans to answer or sign any petitions due to i dont have enough budget to have a lawyer. That is why now i am worried if i wll not be able to answer them does it have the chance especially to my husband to finally have the annullment approved. Please atty help me…
My wife and I are not living together for around 5 yrs now.
Im still supporting her and my duaghter financially.
I want an annulment but shes deny it, saying she dont want me toget married again out of anger.
We already decided to separate for years now but shes still holding a grudge for leaving her.
What should I do to make her agree on annulment?
Are there any legal steps to do this?
hi atty. me and my husband got married here in philippines last march 03,2013 and we got separated after 3 months.. he lives in US, he filed for a divorce and it was got done last january 15,2014.. i hve the divorce decree.. my question is, am i gonna able to do the annullment without him? cuz we dnt hve any contacts no more.. thank you..
Sir/Maam,
If the summon did not recieve by respondent,what will happen to the case?
hi sir,good morning. I’m married for seven years pero hindi po ng tagal pagsasama namin, buntis palang ako may problema na po sa pgsasama namin napilitan lang sya npakasal ako dâhil nabuntis nya ako at my isa po kami anak 7 year? old. Meron Nar?n sya kinakasama at may anak nadin. Ng wowork po ako sa abroad. Às of now wala pó ako kalive ?n o BF focus ako sa work, Pwede ba na mapawalang bisa kasal namin dahil sa meron na syang pamilya at hindi na susustentuhan ang anak namin? Sumang ayon naman kmi na mag annullment nalang gusto ko Nar?n tumahimik sa maayos na buhay. thank you.
Hi Atty.
I requested from NSO a copy of marriage contract and was surprised na annulled na marriage ko annotated on the right side. Wala po ako pinirmahan in short mukhang binayaran lang nya ito. Ok na po un sa akin na ma-annulled kmi. Ang problem ko wala po ako copy ng rtc effecting the annulment para mabago ko sana un name ko sa passport (ma revert at maibalik un dati ko surname. Upon checking rtc cotabato wala po silang record ng annullment at nag issue po sila ng certificate sa akin not exist o wala po na file na annulment. Sa baba po ng cert. naka furnished copy un supreme court at nso. My question is mababago ba un status ko ulit? From single to married? Please help me! I’m confused. Thank you very much in advance. God bless you!