Archive for the 'Annulment and Legal Separation' Category

Rule on declaration of absolute nullity of void mariages and annulment of voidable marriages

A.M. No. 02-11-10-SC RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES R E S O L U T I O N Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed [...]

Costs in seeking an annulment

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 [...]

Annulment in the Philippines: Questions and Answers (Part 2)

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 [...]

Rule on Legal Separation

(The Rule on Legal Separation, covered in A.M. No. 02-11-11-SC, took effect on March 15, 2003 following its publication in a newspaper of general circulation) RULE ON LEGAL SEPARATION SECTION 1. Scope. – This Rule shall govern petitions for legal separation under the Family Code of the Philippines. The Rules of Court shall apply suppletorily. [...]

Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers

There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines: Is divorce allowed under Philippine laws? No, divorce is [...]

Steps and Procedure in Annulment and Declaration of Nullity of Marriage

You thought you’ve found your perfect match. You thought your marriage is bound to last forever, or, at the very least, until the last breath. You’ve thought wrong, you say, and you now think of seeking legal remedy to end your marriage. Here are “steps” or suggestions in deciding whether to step out of the [...]

Legal Dynamics: Citizenship and Divorce

Discussions are welcome in the Forum. As more subjects here are discussed by the readers, the interaction of one topic with another (or between related laws) results to a legal melting pot, enriching the pool of topics to choose from. For instance, we have discussed (“Divorce and Annulment in the Philippines“) that a Filipino – [...]

Effect of Annulment in a Criminal Case for Bigamy

There are persistent questions on the effect of a petition for annulment or a declaration of nullity of marriage on a criminal case for bigamy. Perhaps it’s time to have a discussion on this subject matter. In a case for bigamy, the following matters or “elements” must be shown by the prosecution: 1. That the [...]

Guidelines in Psychological Incapacity (Article 36, Family Code)

Psychological incapacity, which a ground for annulment of marriage (which is different from divorce), contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and [...]

Psychological Incapacity: Habitual Lying

Just recently, the Supreme Court promulgated a decision (Antonio vs. Reyes, G.R. No. 155800, 10 March 2006) in connection with a petition for declaration of nullity under Article 36 (psychological incapacity) of the Family Code. The Supreme Court sustained the nullity of the marriage based on the psychological incapacity of the wife (respondent). As concluded [...]

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