Annulment in the Philippines: Questions and Answers (Part 4)

This is part of the continuing installment of discussions on annulment of marriage or declaration of nullity of marriage. We cannot answer each question because of certain limitations. Related questions are lumped and discussed in general. Before posting a question, kindly search the related articles in this site. Otherwise, please be patient and wait for future discussions that may be related to your query.

Annulment, Divorce and Legal Separation Q&A 4

Are the grounds mentioned in Civil Code exclusive? If the reason does not fall within the grounds, will the annulment case prosper?

The grounds for annulment or declaration of nullity of marriage, as the case may be, are provided under the Family Code, which amended the Civil Code. These grounds are exclusive. However, the specific facts or acts that support each ground may vary on a case to case basis. For instance, psychological incapacity (Art. 36) was purposely drafted without a specific definition. As noted by the SC in one case, judicial understanding of psychological incapacity may be informed by evolving standards, taking into account the particulars of each case, current trends in psychological and even canonical thought, and experience. The guidelines are not set in stone, the clear legislative intent mandating a case-to-case perception of each situation.

What is the remedy if my spouse could not be found? I’m having a difficult time starting the annulment process because I can’t find my husband (or wife).

The presence of the other spouse in the proceedings is not required, provided there is a valid service of summons. The summons is usually served by handing a copy to the other spouse. However, if the other spouse could not be found, service of summons is done through publication. The petitioner files a motion asking the court, for valid reasons, that summons be served through publication. [See also How Many Years Before a Marriage Becomes Void in the Philippines]

My petition for annulment was granted, but before it became final, I remarried. Is my second marriage valid?

No. The law provides that remarriage during the existence of a previous marriage is not valid. The mere fact of filing the petition, or the grant thereof without complying with all the requisites, is not a reason for contracting a subsequent marriage.

My petition for annulment was denied even if my wife didn’t appear. I didn’t tell any lies during my testimony. Shouldn’t the petition be granted considering that my wife didn’t even appear and testify to the contrary?

The absence of the other party is not enough ground to grant a petition for annulment or declaration of nullity of marriage. The court, in deciding whether to grant or deny a petition, must look at the sufficiency of the evidence supporting the ground used in the petition. The court may deny the petition if the evidence presented is not enough, even if the other spouse does not appear. The Solicitor General or the Public Prosecutor may even oppose the petition, on behalf of the State, if the grounds are not sufficient.

I got married without parental advice. Is my marriage valid?

A marriage is valid even if no parental advice was given. There is a separate discussion on the distinctions between “parental consent” and “parental advice“.

How will I know if my attorney is a valid one? Is there a website available to check if it’s valid?

A lawyer must be registered by the Supreme Court. It may happen that a person in Supreme Court Law List: (a) is already dead; (b) had been suspended from the practice of law; or (c) disbarred. It may also happen that the name is registered in the Law List, but the identity of that lawyer is being used by a non-lawyer. Check this previous discussion.

I’m single and I was surprised to learn that a Marriage Certificate is on file with the NSO. My ex-boyfriend is reflected as my husband, but we didn’t get married. What shall I do?

We’ve encountered variations of this problem a number of times. The common thread is this: there was absolutely no marriage, but for one reason or another, a marriage certificate ended up with the NSO. The good news is, it’s relatively easier to show that there indeed was no marriage. The bad news is, a petition still has to be filed to declare the alleged marriage as null and void.

If a Filipino couple later became U.S. citizens, then got divorced, is their marriage still valid under Philippine law?

There are a lot of questions relating to this issue, even with the number of articles (please go here, here, here and here) that deal squarely with this issue. These articles also discuss the situation wherein the foreigner-spouse refuses to file for divorce. Again, kindly search the site before posting a query. Thank you.

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If you can’t find the answers here, please refer to Part I, Part II, Part III, 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).

Atty.Fred

79 thoughts on “Annulment in the Philippines: Questions and Answers (Part 4)

  1. Avatarjlorbada

    I have been separated with my husbad for quite awhile
    and i just wanted to move forward with my life

    ive been thinking of filing for Legal Separation and Annulment
    whichever comes first. Is Marital Rape a valid Reason??

    Reply
  2. Avatarjem

    hi sir..i need your advice.i was married to a person not knowing he was married before.he abandoned us,we have a child who just turn 1 yr old last month.he never contacted us anymore..how will i going to go back to my maiden name..and can i file a case to him? thank you so much

    Reply
    1. AvatarAspiring Lawyer

      Actually, your marriage (to him) will be declared as Void ab initio (Void from the beginning) and you can file a case on the grounds of fraud and file a petition for remedy . However, you have to prove to the competent court that you married him in good faith and that you have no knowledge that he is legally married to the former (Burden of proof) or otherwise you will be held liable.

  3. Avatarkawaii

    i have a problem about my friend he marriaed in pilipina and he want divore but phillipines not allowed divorce.in there case there are seperate homes becoz of some problem.pilipina girl always asking about money becoz he know, my friend is a japanese and some of them they think they are rich but she wrong sometimes my friend so pity..becoz no money to give but the girl always asking about bad words to him.
    always asking he go to jail if he not give her money.my frined live in phillipines becoz of some business…can i ask a question in this case,can we give a case the girl becoz of bad words and always asking a money to him ur can my friend divorce her but he have papers in japan..japan is legal to divore?

    Reply
  4. Avatarkawaii

    CAN MY FRIEND FILE CASE TO HER BEOCZ OF SOME BAD WORDS and always asking about money but the girl live with another guy?

    Reply
  5. Avatartinaa25

    Atty,

    i had a boyfriend named Alex for 6yrs. We have a baby,she’s 5yrs.old now..2yrs. ago we broke up and he get married right away because of our misunderstanding not becoz he doesn’t love me anymore its becoz of something.We don’t have any communication for 2 years…Now,we talked,we both realized we love each other so much but his status right now is married.He wants to file annulment but he is OFW.His contract finish on MArch 2011.I’m here in U.S and i will be american citizen in 2011.I want to petition him as soon as I become american citizen.Atty,how long its gonna take and how much it cost to this process?Who can help him to file the annulment?His family and relatives don’t wanna help him.
    I hope you can help us!
    Thank you

    Reply
  6. Avatarargo8

    I am almost 15 years married, my husband since the start was really immature and irresponsible(he would have girls, hide his money from me, spend his money with his friends, would rather trust his parents and siblings than me) but because I want the marriage to last, I tried to bear and accept it all. But in the past five years, he has done things that I cannot already bear. (1) I felt humiliated every time I receive his court demands in my work place or if not court demands, people who have complains on him. (2) on times that he should be around to settle troubles he has done, he was nowhere to be found and left me settling it alone (3) would threaten to kill me and our daughter (4) has girls left and right and the last one – he got her pregnant which was known by his mother and siblings – they advised him to have the child aborted. I already felt tired of this. Are these reasons valid for an annulment of marriage? I would very much appreciate if you can give me advise.

    Thank you and more power.

    Reply
  7. Avatarjan

    Is dna test accepted in court as evidence of fraud? Making you believe that you are a father of a child, thus, providing everything the child needs and marrying the mother but later on found out that the blood type of the child is incompatible with both parents.
    Can two grounds of annulment fraud and psychological incapacitated be filed at the same time?
    Thank you so much.

    Reply
  8. Avatargothika40

    hi atty.,

    i just want to ask if a judicial decree granted by the united states of america stating that my husband and his ex-wife have already restored their status as single a conclusive evidence that they are really single and can contract marriage here in the philippines. they got married here and subsequently the wife went to the states and got a judicial decree annulling their marriage here. will the issuance of that judicial decree enough already to conclude that he has already assume the single status?

    thanks so much for replying, attorney.
    i’m really confused.

    Reply
  9. Avatarbadboy

    Hello,

    What a great site you have guys.

    Now to business, since a lot of us are asking regarding annulment, maybe you guys have some contacts that you can give us so that we can proceed to legal matters?

    Reply
  10. Avatarphoenix09

    Me and my ex are already separated for almost 6 years and both of us now have partners.
    She now working in abroad and planning to stay there for good. She also has a 1 yr old son from the other man and I have my 3 yr old from my future wife. My question is this is enough to be a ground an annulment so we can both marry our partners.

    Reply
    1. AvatarNimfa

      Hi atty..
      Im nimfa im separated from 2007 until now 2017 i have twins.. i work in other country as ofw im the one who support my kids. Before i go other country i saw him with his other woman and i heard from his relatives he has already a baby to his woman. From 2007 until now 2017 never heard from my ex-husband even to visit my kids support them nothing. I live my kids to myy sisters and my brother in mindanao while im working in overseas..
      Atty. I want and advice if i can file an annulment to him because i have a bf about 1 yr and 7mons relationship and he ask me if we can get married. But the problem is im married before. Please atty. Im begging you what is the best things that i can do. Im welling to annul my marriage before.
      Looking forward your response to make me have peace of mind. And i would to ask how much it cost to annuled and where can i go have a lawyer can advice me and where i can filled annulment im welling..
      Atty thank you in advance. Im waiting your email.
      God bless..

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