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

This is part of the continuing installment of discussions on annulment or declaration of nullity. 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.

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.

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).

65 Responses to “Annulment in the Philippines: Questions and Answers (Part 4)”


Pages: « 5 4 3 2 [1] Show All

  1. 15 macheche2 Jan 15th, 2010 at 11:54 am

    Me and my ex are already separated for almost 7 or 8 years and both of us have partners.
    he now working in dubai .. he also has a 3 yr old son from another woman and I have my 2yr and 4 months old from my ex boyfriend and currently 8 months pregnant from my future husband, who is my current live in partner. Both my ex husband and I compromised to have an annulment and so he did filed one recently. My question is, he told me that someone is coming over to evaluate or question me . since I am pregnant right now, will i be on the loosing end on this annulment process? what’s going to happen if the one evaluating me see me like this? i mean pregnant as of the moment? i’m really confused.or is it ok to have everything rescheduled then after I gave birth?
    thank you for the time reading this and i do hope you’ll help me so as my mind to be enlightened.

  2. 14 rrj Dec 22nd, 2009 at 11:22 am

    hi atty, i am married for more than 3 years, id like to tell a story of mine, before we get married were not planning to be legally married in church because of financial basis, were thinking of saving money because she is pregnant, but later on when our parents were meet for a plan for us.. the whole thing was turn-up for a marriage, and i was shock because when we start talking she turn-up and crying asking for marriage like here parents were asking to mine. my mother ask me if i really love my wife. i honestly tell my mom that i’m not sure about her, it so happened that she is pregnant, so i made a stupid decision thinking of my son to be legitimate. so the married thing had happened.. later on after the marriage we the both planned that we were staying in our house for more than 2months and also a plan when he gave birth to our son we need to be back to our own house because her mother wanted when she labor she should be in their town, so i don’t mind of what they plan, and later on she labor and my son baptized in their town as what here parent want, after the baptism we were strongly talk about a decision to move back in our house in our home town because my work is in our town. but later on the whole things turn into hell. i work 6 days in a week. all of my salary were send to my wife for the milk and diapers for my son and i was taking a mile just to see my son every Sunday,after a several months her parents were doing decision for us for my son. and later on i realized that staying with a woman that you’re not in loved is a difficult one and has a psycho incapacity mind. so i made a decision for my self i want to stand this marriage for my son. because my father came into a broken family. and time goes by the plan of moving to our own house were canceled because her parents decide that they don’t want to be away from their first grandson. my wife did nothing, and later on when i ask my wife over the phone if we could go on our house because there is a celebration, my sister celebrate her 18th birthday, my wife answer me “you know were your son live” and i cannot assure if were going. i just conclude atty. that many things and decision that he cannot stand with. please atty. help me with what to do first. i was only consulted a priest the about this matter and he is our parish chancellor. id like to ask how much and how long it would be take to be annulled… please atty. thank your very much….

  3. 13 mike5575 Dec 17th, 2009 at 3:12 pm

    Hi Atty,

    I was married this March. I am seeking ways to have the wedding nullified or annulled. I married my wife under the impression that she was pregnant during that time. I am now with a my partner that I have been with before my wife. After a few months after the wedding I became suspicious because she hasn’t been showing signs that she is pregnant. We are not living together and I am in Manila and she is in the province. She then informs me that she had an induced abortion. I then asked for medical records supporting that fact. My wife however is not able to produce any. We were under a verbal agreement that I would only marry her because she was pregnant. Also before the wedding, we also didn’t attend any seminars that are requirements before any civil wedding. I am looking for any technicalities that would put this annulment process well in my favor. Thanks.

  4. 12 joiee.oon0920 Dec 2nd, 2009 at 1:56 pm

    Hi Atty,

    Would like to consult status of my fiancé. He got married in the Philippines, filed for annulment but wasn’t able to finish the process as he got his papers for Canada. He went to Canada in 2007 and will be citizen by 2010. He filed and got his divorce last year. We plan to get married by end of this year abroad but we also want to renew our vows through a church wedding in the Philippines. What are our options to get married in the Philippines? Would appreciate your advice. Thanks a lot!

  5. 11 beh22 Nov 30th, 2009 at 7:00 am

    hi gud day! me and my ex-husband got into civil wedding last 2004 and got separated 2 years after. he already have his mistress and a child right now. I’ve heard from a friend that our marriage will be null because we were separated for years. Is it true that our marriage will be automatically null without even going to court because we were already separated? Or is it true that civil wedding have an “expiration Date”? thank you so much!

  6. 10 phoenix09 Nov 27th, 2009 at 3:50 am

    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.

  7. 9 badboy Nov 20th, 2009 at 3:19 pm

    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?

  8. 8 gothika40 Nov 18th, 2009 at 3:58 am

    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.

  9. 7 jan Nov 17th, 2009 at 3:29 pm

    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.

  10. 6 argo8 Nov 8th, 2009 at 4:12 am

    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.

  11. 5 tinaa25 Oct 27th, 2009 at 2:04 am

    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

  12. 4 kawaii Oct 15th, 2009 at 4:39 pm

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

  13. 3 kawaii Oct 15th, 2009 at 4:36 pm

    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?

  14. 2 jem Oct 12th, 2009 at 3:19 pm

    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

  15. 1 jlorbada Sep 27th, 2009 at 12:25 pm

    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??

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