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 Fifty Thousand Pesos (PhP50,000).
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 there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?
No. For purposes of re-mariage, the divorce validly secured abroad is not automatically recognized here in the Philippines. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.
If you can’t find the answers here, please refer to Part I or other related posts. You can check the Related Posts at the right sidebar (if you’re using Internet Explorer 6, just scroll down, it’s at the bottom portion). You can also use the Search function (also in the right sidebar).
You may also want to read these related posts:
Rule on Legal Separation by Atty. Fred on April 19th, 2007
Effect of Annulment in a Criminal Case for Bigamy by Atty. Fred on August 4th, 2006
Costs in seeking an annulment by Atty. Fred on July 20th, 2007
Hi Sir:
I just want to ask if there’s already a jurisprudence of Supreme Court taking the definition of pyschologically incapacitated, because according to some of the speakers from different forum that there’s already a Supreme Court definition of psychologically incapacitated… if there’s one what particular case or cases would it be?
because i’m also hearing some speakers telling us that there’s no exact definition for pyschologicall incapacity
Thanks and more power =)
Pax, I won’t consider it as a definition, but more of a characterization. There’s no exact definition of psychological incapacity.
Hi Sir,
I am married for seven years now and have two kids. 6 and 1 year old. If me and my wife have agreed to file for an annulment due to irreconcilable differences which our problems have reached the barangay’s attention and the police abroad as well, will there be a chance for annulling our marriage? especially emotional and physical abuse is involved? will psychological incapacity be a strong ground for this?
Thanks and kind regards
atty,
my wife will be filing an annulment and will be using the pyschological incapacitated against me..pero nag usap narin kami regarding this matter sabi nya eto na raw ang pinaka mabilis na process ng annulment..my questions are; can i still get marry? coz i heard kung sino lang ang nag file ng annulment sya lang ang pwedeng magpakasal at akong pinalabas na masama just to have an annulment sa marriage namin eh wala nang chance makapagpakasal?at meron pa bang akong karapatan sa mga kids namin?
thanks
Marvinfg, I’m sorry I could not address your concerns because I don’t know all the facts and, more importantly, we’re prohibited from giving any legal advice. May I suggest that you read the other related articles in this site. Better still, discuss the grounds with your retained lawyer.
Ilongranger, please note that collusion among the spouses is prohibited in annulment proceedings, and it’s the duty of the public prosecutor to determine that there’s none. There’s a debate on whether a person declared psychologically incapacitated should be allowed to remarry. For those in the affirmative, the reason is the assumption that people change and giving that person a second chance. Those in the negative argue that psychological incapacity is incurable, which means that the person should not be allowed to remarry. As the law stands today, however, even those declared as pscyhologically incapacitated can still remarry.
hi sir. good day. i’m karen 24 yrs old. presently working in kuwait. i got married sept 2001 at the age of 18. after a year his mom took my husband here in kuwait to work. first year was ok sending text messages everyday, calling. but after a year everything change. communicating only after 2 -3 months and eventually we had lost our communication for almost 6 months. then something happened, his mom called me and told me that he was caught by policeman for illegal drugs and ask me if i wanted to see him here.( he stayed here for more than 3 yrs before i came, but they only took me when he is already in prison) so i came here oct 2005 and decided to work while waiting for courts decision. he was sentenced to 5 yrs imprisonment on illegal drugs. luckily after almost 2yrs of imprisonment he was pardoned and sent back to philippines. we communicate through phone and things are entirely different now and we are having a lot of difficulties understanding each other. his attitude is somewhat different from what i had known him before. saying bad things if im not able to send money inside the prison, telling crazy things and accusations. with the mother in law doing certain things that is really against my will. it was last january when we decided to be on a separate ways, though we haven’t talk in person since we never had a chance here. we’re in good terms now. he’s back in the philippines. i have found a new muslim foreign partner in life recently and offering me a marriage. i just wanna know atty if its posible for me to remarry again? and can i file annulment here in kuwait? i heard his mom is planning to take him here on december, will it be easier if we’re both here? thank you so much. pls help me. ..
Karen,
Petitions for annulment between Filipinos, or those initiated by the Filipino spouse (in a marriage between a Filipino and a foreigner) may only be filed here in the Philippines. Good luck and God bless.
Hi Atty,
Im an OFW and and would like to seek for my marriage to be annuled. Me and my husband has been separated for over two years now and he has got a daughter with the other woman. We got married in Marinduque and he is an American living in Kuwait. From my understanding, a Filipino living abroad can file the petition as ïn absencia”. Now, would I have to file the petition where we got married or can I file it in a family court in Manila/Cavite?
Half of the time I stay with my parents in Marinduque and half of it, I stay in Cavite.
Best regards,
Pamela
atty, good day! gusto ko lang malaman kung anong gagawin kong process kung annulment ba o void na talaga yung sa case ko. dito kasi ako sa dubai. kasi may gf ako dati, so nagpakasal kami.. papunta na sya ng japan nov 2005.. so nagpakasal kami nung ng nov 9 2005. kasi aalis na sya ng nov 24. nagsama kami nun. at tapos nakita ko wallet nya na may ID sya na iba ang surname. Surname ng isang Japanese. Inamin nya sakin na nagpakasal pala sya sa pinas mga april 2005 sa isang hapon. employer nya yun. spouse visa.. so ipinaliwanag nya sakin kung bakit ganun. so yun nga, dahil nga para lang makapagwork sya dun sa Japan. so pumayag na ako kasi kasal na din kami. after ilang months na makaalis sya eh nagkagalit na kami. nagkahiwalay. di ko na sya nakita. ngayon october 2007 na.. almost 2 years na kaming kasal. pero matagal ko na syang kinalimutan. nakamove on na ako sa ngyari. ngayon gusto ko alisin yung record namin sa NSO. ano bang pwede kong gawin. Void ba yun at walang bisa ang kasal namin? madali lang ba magawan nga paraan yung case ko? please help me atty kasi may gf ako dito sa Dubai, and we are planning to get married. pero magagawa ko lang yung kapag may certificate of no marriage akong naipakita dito sa philippine consulate dito sa dubai. at ang isa pa. alam kasi ng gf ko ngayon na single ako. please help me..