Costs in Annulment Cases in the Philippines

By Atty.Fred | Services | 20 July 2007 in Annulment & Legal Separation
52 Replies | Related posts at the end of article

There are a lot of questions posted in this Forum as to the cost or fee for an annulment procedure. The standard reply is: it depends. We could not possibly speak for the standard fees charged by all lawyers and the costs would normally go up if the case drags on as a result of contingencies (as when hearings are postponed for various reasons). It would also depend on the ground or grounds for annulment or declaration of nullity.

I have to write this post because there’s a report that the Supreme Court is considering an accreditation system for psychiatrists and psychologists who examine couples seeking to annul their marriages. The report and testimony of psychiatrists and psychologists are needed should a petitioner seek a declaration of nullity based on Article 36 of the Family Code (Psychological Incapacity).

The Inquirer news report reads in part:

The move, according to lawyer Nimfa Cuesta-Vilches, assistant court administrator, is meant to regulate the fees of doctors and medical experts following complaints from litigants that their services have become costly.

“Before, the fee was around P10,000 to P15,000 per case. Now, the fees ranged from P20,000 to more than P30,000,” she said.

xxx

“Psychiatrists appeared to have agreed to charge the uniform rate of P30,000 that many clients could not afford,” a lawyer said.

An accreditation system would prevent them from turning their services into a business that would be detrimental to the cause of poor litigants.

I presume that the need for accreditation will be the subject of a study by the Supreme Court should it pursue this move. In the meantime, let’s hear what you have to say about this move.

See also: Procedure in Annulment and Declaration of Nullity of Marriage; Steps / Procedure in Legal Separation Cases and Process of Judicial Recognition of Foreign Divorce Decree; also, Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers (Part I and Part II).

52 thoughts on “Costs in Annulment Cases in the Philippines”

  1. Joselito Basilio

    Atty Fred,

    You mentioned that “the report and testimony of psychiatrists and psychologists are needed should a petitioner seek a declaration of nullity based on Article 36 of the Family Code”.

    Is this requirement absosulte? When I was in first year I came across a SC decision saying that an examination by a physician or a phychologist is not needed where psychological incapacity is proved by the totality of evidence presented.In other words, the requirement of medical examination is not a conditio sine qua non for the declaration of nullity.

    Reply ↓
  2. Atty. Fred Post author

    Lito,

    As we know in law, there may be exceptions to a rule. Let’s take this opportunity to further discuss this issue.

    There is indeed a pronouncement by the Supreme Court to the effect that there’s no requirement that the person sought to be declared psychologically incapacitated should be personally examined by the physician or psychologist. In Republic vs. Tanyag-San Jose (February 2007), the SC stated:

    There is of course no requirement that the person sought to be declared psychologically incapacitated should be personally examined by a physician or psychologist as a condition sine qua non to arrive at such declaration. If it can be proven by independent means that one is psychologically incapacitated, there is no reason why the same should not be credited.

    It should be noted, however, that a psychologist was presented in Tanyag-San Jose, but his testimony was deemed hearsay. THe psychological Report, on the other hand, does not show that the alleged disorder was already present at the inception of the marriage or that it is incurable or the incapacitating nature of the alleged disorder. The root cause wasn’t also shown.

    The “totality of evidence” doctrine is mentioned in certain cases, like Republic vs. Quintero-Hamano (2004) and Antonio vs. Reyes (2006). There is a qualification to the Antonio vs. Reyes case, as discussed in Herczog vs. Rosacay-Herczog (June 2007). The SC stated:

    Petitioner does rely extensively, on several points, on the more recent ruling in Antonio v. Reyes, a decision which admittedly provided a fresh perspective in the appreciation of petition for annulment of marriage based on Article 36 of the Family Code. The Court acknowledges the continuing vitality of that precedent and the pronouncements therein, yet it must be stressed that Antonio explicitly stated that “t]here is no cause to disavow Molina at present.” Indeed, it would be error to propose that Antonio overturned or modified Molina and its guidelines. That point is especially material as we resolve this petition.

    Particularly critical is petitioner’s allegation that in Antonio, the Court allowed the annulment of marriage despite the fact that no evidence was presented therein that established the incurability of the psychological incapacity suffered by the respondent therein, and notwithstanding the Molina guidelines as well.

    There is, however, a critical difference in that respect between Antonio and the case at bar. The trial in Antonio was concluded in 1995, or two years before the promulgation of Molina. Thus, Court in Antonio recognized that since it was Molina which first definitively established the necessity of proving the incurability of the psychological incapacity before annulment of marriage can obtain, the parties therein could not “have impelling cause to present evidence to that effect at the time this case was tried by the RTC.”

    In contrast, the subject RTC decision was promulgated in 1999, or two years after Molina was handed own. In fact, the RTC decision expressly referred to Molina and the guidelines it prescribed, even citing the critical rule that such psychological incapacity “is shown to be medically or clinically permanent or incurable.” Clearly, all the opportunity was present for petitioner to have adduced medical or clinical evidence that would establish the permanence or incurability of private respondent’s alleged psychological incapacity. Petitioner does point out that the psychiatrist and psychologist he presented as witnesses testified before the RTC in 1995, “well before the general guidelines in the Molina case came into existence in 1997.” Yet, that circumstance could not detract from the fact that the petitioner could have offered supplemental or additional evidence after Molina was promulgated in 1997, two years before the RTC rendered its decision. In fact, petitioner submitted his Memorandum before the RTC only in June of 1998, and certainly there was sufficient time for the offer of such pertinent evidence establishing psychological incapacity that would conform to the Molina guidelines.

    So, let the discussion begin.

    Reply ↓
  3. Joselito Basilio

    There are a number of petitions for declaration of nullity granted by RTC in our province.

    In one case, a friend of mine showed me a RTC decision granting annulment of his marriage on the ground of psychological incapacity which, when I read, was not compliant to the guidelines of the SC in Molina case. The plaintiff’s averment was her husband’s religion was different from hers and the typical “leaving-the-house” attitude of her husband (same as Amy Perez allegation in Ferraris case). The State did not appeal.

    By comparison, I have not seen an annulment case granted by a lower court which is affirmed by the Supreme Court, save perhaps in the case of Tsoi vs. CA.

    Based on this premise, is it safe to conclude that one can easily get a marital annulment if and when the case is not elevated to the Supreme Court by the State?

    Reply ↓
  4. Atty. Fred Post author

    Lito, it’s true that similar situations may get entirely different results, in different jurisdictions. I believe this is one of the focus of the “house cleaning” being implemented by Chief Justice Puno.

    Reply ↓
  5. lasf

    I’m not sure if im on the right thread but I just want to be clarified on the filing fees of annulment which includes properties. My husband and I both filed for annulment. I, having to file first in the QCtrial court 6 days earlier than when he filed in the Pasig Trial Court. He’s lawyer made him pay a huge amount of filing fee declaring the present value of our properties. According to my lawyer, filing fees for properties are only based on the assessed value and not the present value. Now both our lawyers are asking for motion to dismiss. His lawyer is claiming that we undervalued our properties. While my lawyer is insisting on the fact that we filed ahead of them. Until now our annulment has not moved on because we are stuck in whether his petition will be used in Pasig or mine in QC. Can you please enlighten me on this matter?

    Reply ↓
  6. Atty. Fred Post author

    lasf, there is a legal concept known as litis pendentia, which is a ground to dismiss a case based on the pendency of a prior case. I can’t expound on this matter because this is already in court and, besides, your lawyers know this concept. Good luck and God bless.

    Reply ↓
  7. unsure...

    Good day.I am not sure too if i’m also in the right thread but this is for my friends dilemma. My Filipino friend left Philippines 1995 unmarried .She went abroad, got married and she filed for a divorced to a chinese man in Hongkong. Nobody send a copy of marriage certificate or license to Philipinnes.She get her CENOMAR recently and shows that she has no previous marriage. The question is, under Philippine Law,will there be a problem if she get married again in Philippines? Does she need to file annulment to a marriage that was unknown to Philippines?

    Reply ↓
  8. halfluke

    Good day.
    I’m an Italian guy and I was in the Philippines in the last 6 months.
    I’m not too concerned about the cost, but I would like to find a very reliable lawyer for my girlfriend, for her to file an annulment.
    She is from Leyte but she works in Cebu City now.
    Does she have to file in the province where she is resident or can she file in Cebu?
    In any case, I know you are based in Quezon City, but could you please refer her/us to a reliable colleague in the Visayas area?
    It might not be a very appropriate question, but for us the outcome is more important than the money.
    Please feel free to reply to halfluke@katamail.om if you wish.

    Best regards,
    Luca

    Reply ↓
  10. arbee

    Hi atty,

    about how much is the cost of filing for an annullment esp. if it is only a secret marriage, it was unconsumated and never live together as husband and wife?

    about how many days/months would the result be expected to the case I mentioned above?

    Thank you so much for your help..

    Reply ↓
  11. rhodericktagaruma

    Hi atty,

    Can the 1st Asst. City Prosecutor sign and file an Information? The Information was signed as OIC City Prosecutor because the City Prosecutor was absent on that day, allegedly.

    Will the 1st Asst. City Prosecutor immediately become an OIC upon absence for one day of the City Prosecutor to empower him to sign and file an Information.

    Are there guidelines by the DOJ on this situation (absence of City Prosecutor and filing of criminal information).

    Thank you and more power.

    Reply ↓
  12. curiousmind

    Hi Atty. Fred,

    My friend is undergoing an annulment process. What happens if the respondent received the summon but did not made any response to it? What will happen to the annulment process?Will it expedite the process? or the case will be dismissed? pls help.Thanks!

    Reply ↓
  13. honboc

    hi atty…your site was really helpful..may gusto lang po akong itanong, my bf is married and he filed an annulment, but her wife doesn’t want to cooperate, what happen to the annulment, does the case will be dismissed?pls help..tnx

    Reply ↓
  14. crazy_a

    hi atty… my bf is married to a rocky relationship for several years now. and he like to seek annulment for it in a hope we could marry after. is their a chance for annulment? tnx

    Reply ↓
  16. zionm31

    Hi Atty, I am a US citizen married in the Philippines. My now ex-wife filed and was granted a divorce in Hawaii. I now want to marry a filipina but bring her over as my fiancee to the US. Is there anything I would need to submit in the Philippines before I try and bring my fiancee to the US.

    Reply ↓
  17. lenn_valen0970

    good day po…i just wanted to ask…how much will it cost me if i file for annulment…can u give me at least an estimate for the things that i need to pay?…with regards to the annulment process…please help me…thank u very much…

    Reply ↓
  18. nathalie

    Good Evening Atty,

    I wud like to ask if my marriage is legal. My birth certificate has a discripancy. My gender is male and it hasnt been corrected b4 i got married.
    Tnx and more power.

    Reply ↓
  19. charlie

    gudpm ATTY.

    21 yrs old lang ako nung ako ay nagpakasal sa babaeng nabuntisan ko at force na pakasalan sya para mapanagutan ko ang bata kahit tutol ako dito lahat ng witnesses ay nasa side ng babae ng nagpakasal my parents consent as in wala sa judge nganap ang kasalan wala ako nagawa kundi hayaan na an nagyari.
    Dahil nga sa di nmin pinagkakasunduan lage kami nagaaway at 1 yr and 2 mos na kami hiwalay ngayon.
    8 yrs old na baby girl nmin d ako nagkulang sa support ng pangangailagan ng anak namin.
    gusto ko na tuluyan ng mahiwalay tlaga sa kanya sa papel ano ano po ba mga dapat grounds? at possible nba ako magpakasal kahit hindi pa ako totally annuled? magging valid ba pagkinasal ako ng d pa tapos ang annulment case ko?
    tnx more power..

    Reply ↓
  20. nadialrak

    im a filipino here in japan. I was married to a filipono two years ago…that i learned that he only used me to have visa but disappeared after few weeks of marriage… now i want to file an annulment and i dont know what ground could i use… please help me

    Reply ↓
  21. j92255

    i got my court decision on 2000, and I’m planning to get married soon. My atty told me that i need to have the court decision published in a newpaper in order to obtain the certificate of finality. Then together with the publication and cert of finality we can now go to the civil registrar and NSO for implementation.

    With this type of case, usually how much will it cost me (ATTY HANDLING FEE) ? More or less, how much will i pay for the news paper publication and for the certification and reproduction of the documents?

    Reply ↓
  22. amber77

    Hi atty,

    I need legal advice, me and my husband agreed to file an annulment because of our rocky marriage, what is the ground for these? and how much?

    Thank You!

    Reply ↓
  23. Cezylf

    Dear Sir:
    I got married 1984, because of a request by my father, we got married then after 12days my father died. I just knew this guy for 6months,by introducing him by a friend. I was 20 at that time. I got STD in 1992, but he denied the fact that it came from him. But he was the one who brought me to his doctor-who told me that he(my husband had it). We separated in 1994, because I went abroad to earn money for our living. He could not even support our children. For 19 years, my children are all grown up. My first child is a professional now. I brought them up with just a little support from him. Where sometimes, he’s the one asking money to my daughter. Which, the money was borrowed from me.

    How will it goes for my annulment? Now, that I have a fiance in US. Please help me.
    Thanks. God bless you.

    Reply ↓
  24. Cezylf

    Dear Sir:

    When my daughter got married in 2012, we met. He told my mother that I could file annulment because he like to marry his live-in partner. I like to file annulment since we got separated. For 19 years, I stand as father and mother of my children. I have my own business, to sustain my children’s needs.
    Please advise me.
    Thank you.

    Reply ↓
  25. jelyn

    good day atty.

    i was just divorce here in japan,

    hoping to re marry again..

    how much is the cost for a judicial recognition of foreign divorce?

    how long is the proccess?

    thank u

    Reply ↓
  26. kat

    My brother was maried ina restaurant in manila but the officiator was apparently fraudulent and my brother and his ex wife wants to make sure that the marrige was void since they have their own partners now. however they found out that the marriage cert was registered in san juan under a different name of the officiator. What can they do to make the marriage null and void and how much will it cost? Thanks

    Reply ↓
  27. Tata

    Hi Atty,

    I just want to raise a concern since my old Lawyer from the beginning told me that I will pay him a ceratin amount for a package that covering all the fees and charges and we paid him almost 90% already. All throughout the case, he was incompetent and now he’s telling me that I will be the one paying for the Psychiatrist’s fee, that is rediculuosly very expensive and I don’t want to pay the fees. DO I have the right to refuse to pay and let him pay instead? I am very scared that my annulment case will not be void because of my Lawyer’s incompetence. I will have my hearing the day after today. Your quick response on this matter is highly appreciated. Thank you.

    Reply ↓
  28. alizia

    Goodday Atty,

    I wud like to ask how long is the process for the annulment here in manila (annulment for civil married)how much is cost?

    Reply ↓
  29. wendy

    Atty.Fred
    How about if my Filipina Auntie and Korean Uncle had agreement in the Philippine Embassy in Japan that they both agree to separate and void their marriage…What process we should do to void their marriage in the Philippine?Hoping for your reply at my email address…please!and thank you for reading my comment

    Reply ↓
  30. lexy lord

    Hi atty..kamusta po. Sana matulungan mo po kami.re po sa brother ko.higit 4yrs nakasi siya na hiwalay sa asawa nia.inabandona sila ng asawa niya.now po may plano siya mag canada thru immigrant and isama yung gf nia ngaun sa papers nia.gusto po sana niya iapply nalang ng legal separation para mas mura daw compare sa annulment tama po ba?Kahit po ba ganon ihohonor sila sa ibang bansa as common law kahit na legal separation lang iaapply niya dito?o dapat po annulment?and pede po ba mag file ng kahit alin don sa dalawa kahit walang consent ng asawa niya?kasi ayw na niya magulo pa sila ng asawa niya.sana po mreplayan nyo kami. Salamat po.godbless.

    Reply ↓
  31. Divina

    Dear Atty,
    I have been physically separated from my Indian husband since 2011. I left India because he forced me to leave him as I caught him cheating. Prior to that I am physically abused. After 5 years, Bandra Court from India sent me papers of his filing for divorce. A representative from the Hall of Justice came and sent me the papers. Now, my husband is not communicating with me.

    Can I file annulment or divorce?

    Please help me with this step.

    Thank You

    Reply ↓
  33. Jestille

    Hi atty..im jestille.. Were almost 4years living in with my partner,who has been married before..and now we have two children..i really want to marry him..is it possible atty..? To marry him..? Now its been 4years since they separated..please p help me atty..thank you..

    Reply ↓
    1. AttyFred Post author

      Jestille, please search the other articles in this Forum, including the article which says that for purposes of remarriage, the proper petition must be filed, granted by the court, and registered with the NSO.

  34. teresa

    hi atty can a married person re marry again? my brother married a married woman whom he did not know in the first place later that he knew that the woman he married is married before, can he file a petition to make his marriage be cancelled? and what are the things to do for filling? and how much is the cost? is it the same in annulment cost?

    Reply ↓
  35. James

    Dear Atty,

    My marriage is now rocky, I am an OFW since 2008 and there are several times my spouse is spending our funds with no reasonable cause. on monthly basis i’m regularly sending money but shes not using it wisely. Several times when i go in vacation, i will find that she is in depth with loans, and there are times when the monthly bills are unpaid (electric, water, cable and internet).

    Can this be a reasonable ground to file an annulment.

    Regards,

    Reply ↓
  36. Angel

    I really need help about my marriage I was separated for 15 years and had stop communicating with with my husband for 13 years ,in my marriage my parents don’t have any consent cuz I am from Davao my husband is in Luzon so when I got married my parents didn’t know and my marriage contract was signed by may ninong and ninang
    What am gonna do I want to marry a Pastor this year his a widdow I wanted to settle down and concentrate my life to engage in ministry but I was tied by the fact that my marriage was registered .please I need help

    Reply ↓
  37. Angel

    Dear Atty.

    I really need help about my marriage I was separated for 15 years and had stop communicating with with my husband for 13 years ,in my marriage my parents don’t have any consent cuz I am from Davao my husband is in Luzon so when I got married my parents didn’t know and my marriage contract was signed by may ninong and ninang
    What am gonna do I want to marry a Pastor this year his a widdow I wanted to settle down and concentrate my life to engage in ministry but I was tied by the fact that my marriage was registered .please I need help

    Reply ↓
  38. Cindy

    Hello and good day.. hihingi po sana ako ng advice me and my partner are living together for 5 years with 2 daughter. Kasal po sya sa dati nyang asawa. gusto po sana namin magpakasal kaso dahil po sa kasal pa sya sa dati nyang asawa. Meron po ba tayong mga abogado na libre para ma annul ang kasal nila

    Reply ↓
  39. Chit D.

    Hi Atty.
    Is there a good chance for the annulment of a marriage when the husband found/discovered his wife cheating and had a relationship with another woman as a lesbian? Evidence such as letters and recording of the wife’s admittance as a lesbian since before the marriage is available.
    Thank you.

    Reply ↓
  40. Candida

    Hi Atty. Fred,

    Nag file ang ex husband ko ng annulment at lumabas ang decision nung October 2014. Nitong July 2015 lang nya sa akin sinabi at hiningian ko sya ng kopya ng Final Decision.
    Ano po ang aking habol kung ako ay mayroong nakita na mga discrepancy dun sa kanyang statements lalo na po anggroud ng psychological incapacity kung saan pinatunayan na ang aking paguugali ay dahil sa ako ay walang kinalakihan na magulang samantalang buhay na buhay po ang aking both parents . Isa langpo iyan at marami pa pong mga gawa gawa ng istorya ang nakalakip dun sa kanya statement.

    Salamat,

    Candida

    Reply ↓
  41. virginia

    atty.fred, magkano po ba ang annulment cost po ngayon isa po akong teacher hiwalay na po ako ng 13 years. gudto ko po danang mg file kaso po sobrang mahal po hindi ko po kya pwedi nyo po ba akong tulungan para mapawakang isa ang kasal ko?

    Reply ↓
  42. Leoniza

    Hi Atty..ask ko po sana kung ano dapat kung gawin.almost 12 years no communication sa dati kung husband.invalid na po ba marriage namin or my kailangan ako ifile sa court pra maging single ulit ako at pwede na ako mgpakasal sa iba?gusto ko na po maging Malaya.pls help me and how much po.?..

    Reply ↓
  43. Anna

    Hello Atty.

    Good day, I really need your advice. I am Filipina but now I work abroad in Canada. I was separated by my husband last year because he accused me to have an elicit affair with my co-worker before. He files a case against us my friend and me an ADULTERY case.So it happened that time when he file a case against me i received my Visa and I need to flight on the said date. So on that case the case until now is still going on but only my friend has an appearance in the court. But in my case I did not appear in the court because during the first hearing I was in Canada.So, now the case is still going on. My question is,Is it ok for me and safe to go home because I need to visit my children. And is it possible for me to come back in Canada? Because I just ask a leave so I need to go back for work. Please guide me. thanks.

    Hope and immediate response with my letter.
    Thanks.

    Reply ↓
  44. Edwina

    My sister’s marriage was null and void to begin with because her so called husband has a prior valid marriage before hers. How much and how long to nullify a non existent marriage

    Reply ↓
  45. Milane

    Hi!i would like to ask regarding my situation.,I’m marriage by 2007 as an secret marriage only and My husband since 2007 when I found out that he has 3 kids and wife but not marriage so I decide to leave him because his wife begging me and the 3 kids is very young and youngest one is month old only and until now I don’t have idea where he is now?but my niece she notice that he’s already marriage with the other girl and 2 kids he’s marriage 2011 so my question can I marriage again?
    Pls this is my email senomilane572@gmail.com
    Thanks

    Reply ↓
  46. Maria teresa

    I want to know how i get devorce while 11yers without contact or intimacy with my husband but have kid.no properties

    Reply ↓
  47. christal

    Hi how much cost for annulment or marriage in ormoc city, leyte.
    by the way i already converted to Islam. is there any different procedure the easiest way to annul my marriage

    Reply ↓
  48. Andrew

    I’ve been married to a Filipina for just over 12 months with no children involved. (married in Philippines)
    I am New Zealand citizen living and working in Middle East for the past 20 years.
    I have known my wife for nearly two years in total and have supported her and her family since the day we met financially. The marriage hasn’t worked out due to her financially sending to bankruptcy.
    We have been living apart for the past 6 months, and I am still support her and family.
    I have no intentions for another marriage etc.
    She will be coming back to the middle to work ASAP and says she will support her family in the future.
    What are my legal obligation if any for the future once she starts working again?

    Thank you,

    Reply ↓
  49. Genevieve

    Atty.
    I was married way back 2010 . Not a long year after i decided to leave him because he harrased her 1st cousin. It was a traumatic experience for me thinking he might do it in our children.
    After months of separation he had a girlfriend and they have a child. Will it be a ground for annulment?

    Reply ↓
  50. Angel

    Hi attorney , Iam a widow and my boyfriend is separated for 9 years, can he get an annulment for us to get married.he lives in Makrikina and dont know the whereabouts of the wife.

    Reply ↓

Leave a Reply

Your email address will not be published. Required fields are marked *