Category Archives: Family Law

How to File a Case for Annulment in the Philippines while Abroad

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Can a Filipino file an annulment case in the Philippines while abroad? The same issue equally applies to annulment of marriage, declaration of nullity of marriage, and recognition of a foreign divorce decree. Overseas Filipinos (OF) and Overseas Filipino Workers (OFWs) are currently confronted with the threat of the covid-19 global pandemic and the resulting lockdown/quarantine implemented around the world. Many Filipinos, whether in the Philippines or while abroad, seek a fresh start in their marital life. They seek to do it the right way by ensuring that the previous marriage is properly nullified or declared void (for one, children in the next family are considered illegitimate).

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Foreigner-Spouse May File a Case in the Philippines to Recognize a Foreign Judgment Voiding a Marriage by Reason of Bigamy

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The interplay of relationships in matters pertaining to marriage may result to challenges in enforcing rights in Philippine courts. In mixed marriages, wherein one of the spouses is a Philippine citizen and the other spouse is a foreigner, the Filipino spouse can file the appropriate petition in Philippine courts to have the foreign divorce decree recognized in the Philippines. This course of action is necessary to enable the Filipino to remarry; otherwise, the Filipino may be charged with bigamy. The alien spouse can remarry, pursuant to his/her national law, by reason of the divorce. [See also Mixed Marriages and Divorce]

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Laws on Child Support in the Philippines

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There were discussions about a proposed law which seeks to penalize the refusal or failure of “any person” to pay “legal child support.” This refers to the proposed “Child Support Enforcement Act” (House Bill No. 6079 during the 16th Congress; House Bill No. 387 during the 17th Congress), which seeks to penalize the refusal or failure of “any person” to give legal child support without justifiable cause. While the proposed law covers “any person”, reading the provisions gives the impression that it basically threatens the father of the child with imprisonment in case of failure or refusal to give support.

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Weddings may still be Conducted during the Community Quarantine Period

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Mass gatherings are prohibited under the Revised Omnibus Guidelines, issued by the IATF to regulate activities during the community quarantine period. Nevertheless, a number of activities are allowed (and establishments allowed to operate). While there is no explicit mention of weddings, such ceremonies may be subsumed under “religious gatherings”, to be attended by not more than 5 persons in MECQ areas and 10 persons in GCQ areas.

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Grounds for Declaration of Nullity of Marriage in the Philippines

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Declaration of nullity and annulment are used interchangeably by lay people, but these two concepts are different. Declaration of nullity refers to a marriage which is void from the very beginning, while annulment refers to a marriage that is valid until annulled by a court. There are separate grounds for declaration of nullity of marriage (see below), annulment of marriage, and legal separation. The following marriages shall be void from the beginning:

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Complete Separation of Property During Marriage

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The default property relations between the spouses, as provided in the Family Code, is absolute community of property. Nevertheless, the future spouses may, in a marriage settlement, agree upon other regime, including the conjugal partnership of gains and complete separation of property. The regime of complete separation of property during marriage does not apply when the marriage settlement is not valid, as when it was not executed before marriage or is void for any reason. 

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Procedure in Annulment of Marriage and Declaration of Nullity of Marriage in the Philippines

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The procedure provided under the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages is discussed below. Note that a petition for “annulment” refers to voidable marriages, which are valid until annulled by the court, while a petition for “declaration of nullity” refers to marriages that are considered void or inexistent from the very beginning. There are other differences, e.g., legitimate status of children, property relations between the spouses, prescription and ratification (for the procedure in legal separation, see Steps/Procedure in Legal Separation Cases). For convenience, we may refer to both petitions as “annulment”.

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Notarial Wills: Form and Requirements of Last Will and Testament

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A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death (Civil Code, Art. 783). The person who makes the Will is called the testator. The elements are discussed below. For easy reference, the provisions are cited (unless stated otherwise, the provisions are from the Civil Code).

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