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.
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“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.
Related posts:
Divorce and Annulment in the Philippines
Steps and Procedure in Annulment and Declaration of Nullity of Marriage
Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers (Part I and Part II)
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:
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:
So, let the discussion begin.
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.
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?
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.
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?
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.
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?
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 if you wish.
Best regards,
Luca
sorry.
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..
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.
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!
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
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
How much should it cost for a publication for annulment of marriage in the city of Olongapo city.