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 you can’t find the answers here, please refer to Part I, Part III, Part IV, 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).
Kasal po ako sa asawa ko since June 28, 2013, kaya lang po hindi ako matanggap ng buong angkan nya, dahil may nauna syang partner at may anak pa po cla pero hindi kasal. Ano pong maganda kong gawin para makaalis po sa kasal na ito. Dahil hindi rin po ako makapamuhay ng maayos at masaya, ayoko rin pong magkaanak sa asawa ko dahil madalas din po kami kung magaway. Gustong gusto ko na po sya ibalik sa pamilya nya para maging maayos na rin ang buhay ko. Pero wala naman po akong sapat na pera para ipawalang bisa ang aming kasal. Yung pamilya ko nagagalit narin sa akin dahil nagdala lang daw ako ng problema sa bahay namin. Hindi nya ko kayang buhayin sa bahay ng magulang ko kami nakasiksik, ako ang bumubuhay sa sarili ko. Ano po ba maipapayo nyo sa akin para maibalik ko po ang asawa ko sa pamilya nya at dating kinakasama. Dahil kahit po ngayon ung una nya kinakasama e ginugulo ako. Mapayuhan po sana ninyo ako, para matapos na po yung sakit ko sa ulo. Salamat po
Hi Attorney,
I was separated from my husband for over 4yrs now. No financial support and all. Since I am employed, he is my beneficiary. I wanna know how can I waive his rights to be my beneficiary?
Good day. My husband and I got separated for about 4 years since 2013 because of his maltreatment and physically/emotionally abusive acts in Bislig City. I and my kids transferred already here in Bayugan and we left our conjugal dwelling there. Our kids have been in my custody and I really want to file an annulment against him. The problem I got is that when I was about to go to a lawyer, the atty told me to secure first our NSO marriage contract but we don’t have any NSO marriage contract to give to the said atty. I was really dismayed and all I can give is our LCR marriage contract only. The atty didn’t allow that LCR paper. The LCR in charge told me to have an electronic endorsement for our papers submitted directly to Manila. I hesitated then to have that endorsement since in my CENOMAR; it states there that I am single. No one takes that risk of forwarding that papers due to lack of my time and since we are already separated. I do want to be single again such that I want have clarity in signing civil status of every paper and aiming to have a peaceful lifestyle. Can it still be valid to file an annulment even if LCR marriage contract is only the one to be presented and not that NSO copy? How can i finally resolve to gain our conjugal dwelling? Can I not declare myself as a separated one due to the fact that we are not even registered in the National Indices of Marriage? I haven’t file a criminal case with his acts but only has blotter entries and medical certificates. Is it still useful and time-saving to file a case to make the annulment easier to process? I need your advice on these. Please feedback on any possible actions I can take. Thank you and more power. Your time and response are surely to be appreciated.
Hello atty. Hingi po ko ng tulong kasi kinasal po ako diko alam non march 12 2017 gusto ko po mpa wala bisa ang kasal namin anu po gagawin ko?
Hi sir/ madam,
Itatanong ko lng ko kung pwede po ba ako mag file ng complaint for separate support kahit hindi kami annul
ask ko lang po gaano. katagal ang certificate of finality?i havemy annulment final court decision last march 15,2017..nagrerequest po ako ng certificate of finality from the court sa Rtc naval biliran leyte..ang sabi ng atty na humahawak.ng kaso ko wala pa daw report from OSG..magbabayad ba ako sa certificate of finality?pano ko po malalaman n ipinasa nila sa OSG.. pwede poh kaya personally ko isubmit ang decision ko sa OSG..syado na.poh kasi kakastress..salamat
Hi mam,mag papa annul sana ako totoo po ba na may 6 months lng po..?at magkano po ang annulment man..
Sana matulungan nyo po ako kasi ang mahal ng singil skn.tapos may hinihingi pa skn na monthly payment for hearing poh..dapat po ba magbigay ako tapos ung bayad sa annul ko po sabi 6months lng daw ….sana matulungan nyo ako salamat