Category Archives: Family Law

Prescription of Actions for Annulment in the Philippines (and Who may File Action)

A petition for annulment may be denied for a number of reasons (see Grounds for Annulment of Marriage). We’ve already discussed certain defenses, one of which is the expiration of the prescriptive period within which the petition should have been filed. A prescriptive period simply means that the petition based on a particular ground can no longer be filed beyond a given period. Of course, an action based on certain grounds, such as psychological incapacity, minority or other grounds for declaration of nullity, does not prescribe (see difference between annulment and declaration of nullity). Here are the prescriptive periods for each ground, as well as the person who is entitled to file the petition, as provided under Article 47 of the Family Code:

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Annulment in the Philippines: Questions and Answers (Part 5): Overseas Filipinos Edition

We already have four installments on this topic (refer to Part I, Part II, Part III , Part IV), as well as related posts on annulment, legal separation, declaration of nullity and divorce. We’re trying to cope with the numerous questions raised, but with our schedules, it’s impractical to answer the questions one by one. This is the reason why we summarize the questions so that similar ones would be answered in one go. Again, browse through the existing related articles to see if your questions are covered by existing discussions.

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Solemnizing Officers Allowed to Officiate Marriages under Philippine Laws

The Family Code (Art. 7) provides an exclusive enumeration of persons authorized to solemnize marriage in the Philippines. Among the formal requisites of a valid marriage is the authority of the solemnizing officer (the person who officiated over the marriage ceremony). The contracting parties must personally appear before the solemnizing officer. The absence of any of the formal requisites renders the marriage void from the very beginning, subject to a petition for declaration of nullity of marriage.

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