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 Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, the Court Resolved to APPROVE the same.
The Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003
March 4, 2003
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Section 1. Scope – This Rule shall govern petitions for declaration of absolute nullity of void marriages and annulment of voidable marriages under the Family Code of the Philippines.
The Rules of Court shall apply suppletorily.
Section 2. Petition for declaration of absolute nullity of void marriages.
(a) Who may file. – A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife. (n)
(b) Where to file. – The petition shall be filed in the Family Court.
(c) Imprecriptibility of action or defense. – An Action or defense for the declaration of absolute nullity of void marriage shall not prescribe.
(d) What to allege. – A petition under Article 36 of the Family Code shall specially allege the complete facts showing the either or both parties were psychologically incapacitated from complying with the essential marital obligations of marriages at the time of the celebration of marriage even if such incapacity becomes manifest only after its celebration.
The complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity at the time of the celebration of the marriage but expert opinion need not be alleged.
Section 3. Petition for annulment of voidable marriages. –
(a) Who may file. – The following persons may file a petition for annulment of voidable marriage based on any of the grounds under article 45 of the Family Code and within the period herein indicated:
(1) The contracting party whose parent, or guardian, or person exercising substitute parental authority did not give his or her consent, within five years after attaining the age of twenty-one unless, after attaining the age of twenty-one, such party freely cohabitated with the other as husband or wife; or the parent, guardian or person having legal charge of the contracting party , at any time before such party has reached the age of twenty-one;
(2) The sane spouse who had no knowledge of the other’s insanity; or by any relative, guardian, or person having legal charge of the insane, at any time before the death of either party; or by the insane spouse during the a lucid interval or after regaining sanity, provided that the petitioner , after coming to reason, has not freely cohabited with the other as husband or wife;
(3) The injured party whose consent was obtained by fraud, within five years after the discovery of the fraud, provided that said party, with full knowledge of the facts constituting the fraud, has not freely cohabited with the other as husband or wife;
(4) The injured party whose consent was obtained by force, intimidation, or undue influence, within five years from the time the force intimidation, or undue influence disappeared or ceased, provided that the force, intimidation, or undue influence having disappeared or ceased, said party has not thereafter freely cohabited with the other as husband or wife;
(5) The injured party where the other spouse is physically incapable of consummating the marriage with the other and such incapability continues and appears to be incurable, within five years after the celebration of marriage; and
(6) Te injured party where the other party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable, within five years after the celebration of marriage.
(b) Where to file. – The petition shall be filed in the Family Court.
Section 4. Venue. – The Petition shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing. Or in the case of non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.
Section 5. Contents and form of petition. – (1) The petition shall allege the complete facts constituting the cause of action.
(2) It shall state the names and ages of the common children of the parties and specify the regime governing their property relations, as well as the properties involved.
If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a provisional order for spousal support, the custody and support of common children, visitation rights, administration of community or conjugal property, and other matters similarly requiring urgent action.
(3) It must be verified and accompanied celebration of marriage.
Section 4. Venue. – The petition shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing, or in the case of a non-resident respondent, where he may be found in the Philippines at the election of the petitioner.
Section 5. Contents and form of petition. – (1) The petition shall allege the complete facts constituting the cause of action.
(2) it shall state the names and ages of the common children of the parties and specify the regime governing their property relations, as well as the properties involved.
If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a provisional order for spousal support, custody and support of common children, visitation rights, administration of community or conjugal property, and other matters similarly requiring urgent action.
(3) it must be verified and accompanied by a certification against forum shopping. The verification and certification must be signed personally by me petitioner. No petition may be filed solely by counsel or through an attorney-in-fact.
If the petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country.
(4) it shall be filed in six copies. The petitioner shall serve a copy of the petition on the Office of the Solicitor General and the Office of the City or Provincial Prosecutor, within five days from the date of its filing and submit to the court proof of such service within the same period.
Failure to comply with any of the preceding requirements may be a ground for immediate dismissal of the petition.
Section 6. Summons. – The service of summons shall be governed by Rule 14 of the Rules of Court and by the following rules:
(1) Where the respondent cannot be located at his given address or his whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may, by leave of court, be effected upon him by publication once a week for two consecutive weeks in a newspaper of general circulation in the Philippines and in such places as the court may order In addition, a copy of the summons shall be served on the respondent at his last known address by registered mail or any other means the court may deem sufficient.
(2) The summons to be published shall be contained in an order of the court with the following data: (a) title of the case; (b) docket number; (c) nature of the petition; (d) principal grounds of the petition and the reliefs prayed for; and (e) a directive for the respondent to answer within thirty days from the last issue of publication.
Section 7. Motion to dismiss. – No motion to dismiss the petition shall be allowed except on the ground of lack of jurisdiction over the subject matter or over the parties; provided, however, that any other ground that might warrant a dismissal of the case may be raised as an affirmative defense in an answer.
Section 8. Answer. – (1) The respondent shall file his answer within fifteen days from service of summons, or within thirty days from the last issue of publication in case of service of summons by publication. The answer must be verified by the respondent himself and not by counsel or attorney-in-fact.
(2) If the respondent fails to file an answer, the court shall not declare him or her in default.
(3) Where no answer is filed or if the answer does not tender an issue, the court shall order the public prosecutor to investigate whether collusion exists between the parties.
Section 9. Investigation report of public prosecutor. – (1) Within one month after receipt of the court order mentioned in paragraph (3) of Section 8 above, the public prosecutor shall submit a report to the court stating whether the parties are in collusion and serve copies thereof on the parties and their respective counsels, if any.
(2) If the public prosecutor finds that collusion exists, he shall state the on the finding of collusion within ten days from receipt of a copy of a report The court shall set the report for hearing and If convinced that the parties are in collusion, it shall dismiss the petition.
(3) If the public prosecutor reports that no collusion exists, the court shall set the case for pre-trial. It shall be the duty of the public prosecutor to appear for the State at the pre-trial.
Section 10. Social worker. – The court may require a social worker to conduct a case study and submit the corresponding report at least three days before the pre-trial. The court may also require a case study at any stage of the case whenever necessary.
Section 11. Pre-trial. –
(1) Pre-trial mandatory. – A pre-trial is mandatory. On motion or motu proprio, the court shall set the pre-trial after the last pleading has been served and filed, or upon receipt of the report of the public prosecutor that no collusion exists between the parties.
(2) Notice of pre-trial. – (a) The notice of pre-trial shall contain:
(1) the date of pre-trial conference; and
(2) an order directing the parties to file and serve their respective pre-trial briefs in such manner as shall ensure the receipt thereof by the adverse party at least three days before the date of pre-trial.
(b) The notice shall be served separately on the parties and their respective counsels as well as on the public prosecutor. It shall be their duty to appear personally at the pre-trial.
(c) Notice of pre-trial shall be sent to the respondent even if he fails to file an answer. In case of summons by publication and the respondent failed to file his answer, notice of pre-trial shall be sent to respondent at his last known address.
Section 12. Contents of pre-trial brief. – The pre-trial brief shall contain the following:
(a) A statement of the willingness of the parties to enter into agreements as may be allowed by law, indicating the desired terms thereof;
(b) A concise statement of their respective claims together with the applicable laws and authorities;
(c) Admitted facts and proposed stipulations of facts, as well as the disputed factual and legal issues;
(d) All the evidence to be presented, including expert opinion, if any, briefly stating or describing the nature and purpose thereof;
(e) The number and names of the witnesses and their respective affidavits; and
(f) Such other matters as the court may require.
Failure to file the pre-trial brief or to comply with its required contents shall have the same effect as failure to appear at the pre-trial under the succeeding paragraphs.
Section 13. Effect of failure to appear at the pre-trial. – {a) If the petitioner fails to appear personally, the case shall be dismissed unless his counsel or a duly authorized representative appears in court and proves a valid excuse for the non-appearance of the petitioner.
(b) If the respondent has filed his answer but fails to appear, the court shall proceed with the pre-trial and require the public prosecutor to investigate the non-appearance of the respondent and submit within fifteen days thereafter a report to the court stating whether his non-appearance is due to any collusion between the parties. If there Is no collusion, the court shall require the public prosecutor to intervene for the State during the trial on the merits to prevent suppression or fabrication of evidence.
Section 14. Pre-trial conference. – At the pre-trial conference, the court:
(a) May refer the issues to a mediator who shall assist the parties in reaching an agreement on matters not prohibited by law.
The mediator shall render a report within one month from referral which, for good reasons, the court may extend for a period not exceeding one month.
(b) In case mediation is not availed of or where it fails, the court shall proceed with the pre-trial conference, on which occasion it shall consider the advisability of receiving expert testimony and such other makers as may aid in the prompt disposition of the petition.
Section 15. Pre-trial order. – {a) The proceedings in the pre-trial shall be recorded. Upon termination of the pre-trial, the court shall Issue a pre-trial order which shall recite in detail the matters taken up In the conference, the action taken thereon, the amendments allowed on the pleadings, and except as to the ground of declaration of nullity or annulment, the agreements or admissions made by the parties on any of the matters considered, including any provisional order that may be necessary or agreed upon by the parties.
(b) Should the action proceed to trial, the order shall contain a recital of the following;
(1) Facts undisputed, admitted, and those which need not be proved subject to Section 16 of this Rule;
(2) Factual and legal issues to be litigated;
(3) Evidence, including objects and documents, that have been marked and will be presented;
(4) Names of witnesses who will be presented and their testimonies in the form of affidavits; and
(5) Schedule of the presentation of evidence.
(c) The pre-trial order shall also contain a directive to the public prosecutor to appear for the State and take steps to prevent collusion between the parties at any stage of the proceedings and fabrication or suppression of evidence during the trial on the merits.
(d) The parties shall not be allowed to raise issues or present witnesses and evidence other than those stated in the pre-trial order.
The order shall control the trial of the case, unless modified by the court to prevent manifest injustice.
(e) The parties shall have five days from receipt of the pre-trial order to propose corrections or modifications.
Section 16. Prohibited compromise. – The court-shall not allow compromise on prohibited matters, such as the following:
(a) The civil status of persons;
(b) The validity of a marriage or of a legal separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts; and
(f) Future legitime.
Section 17. Trial. – (1) The presiding judge shall personally conduct the trial of the case. No delegation of the reception of evidence to a commissioner shall be allowed except as to matters involving property relations of the spouses.
(2) The grounds for declaration of absolute nullity or annulment of marriage must be proved. No judgment on the pleadings, summary judgment, or confession of judgment shall be allowed.
(3} The court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case. Such an order may be made if the court determines on the record that requiring a party to testify in open court would not enhance the ascertainment of truth; would cause to the party psychological harm or inability to effectively communicate due to embarrassment, fear, or timidity; would violate the right of a party to privacy; or would be offensive to decency or public morals.
(4) No copy shall be taken nor any examination or perusal of the records of the case or parts thereof be made by any person other than a party or counsel of a party, except by order of the court.
Section 18. Memoranda. – The court may require the parties and the public prosecutor, in consultation with the Office of the Solicitor General, to file their respective memoranda support of their claims within fifteen days from the date the trial is terminated. It may require the Office of the Solicitor General to file its own memorandum if the case is of significant interest to the State. No other pleadings or papers may be submitted without leave of court. After the lapse of the period herein provided, the case will be considered submitted for decision, with or without the memoranda.
Section 19. Decision. – (1) If the court renders a decision granting the petition, it shall declare therein that the decree of absolute nullity or decree of annulment shall be issued by the court only after compliance with Article 50 and 51 of the Family Code as implemented under the Rule on Liquidation, Partition and Distribution of Properties.
(2) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or by registered mail. If the respondent summoned by publication failed to appear in the action, the dispositive part of the decision shall be published once in a newspaper of general circulation.
(3) The decision becomes final upon the expiration of fifteen days from notice to the parties. Entry of judgment shall be made if no motion for reconsideration or new trial, or appeal Is filed by any of the parties the public prosecutor, or the Solicitor General.
(4) Upon the finality of the decision, the court shall forthwith issue the corresponding decree if the parties have no properties.
If the parties have properties, the court shall observe the procedure prescribed in Section 21 of this Rule.
The entry of judgment shall be registered in the Civil Registry where the marriage was recorded and In the Civil Registry where the Family Court’granting the petition for declaration of absolute nullity or annulment of marriage is located.
Section 20. Appeal. –
(1) Pre-condition. – No appeal from the decision shall be allowed unless the appellant has filed a motion for reconsideration or new trial within fifteen days from notice of judgment.
(2) Notice of appeal. – An aggrieved party or the Solicitor General may appeal from the decision by filing a Notice of Appeal within fifteen days from notice of denial of the motion for reconsideration or new trial. The appellant shall serve a copy of the notice of appeal on the adverse parties.
Section 21. Liquidation, partition and distribution, custody, support of common children and delivery of their presumptive legitimes. – Upon entry of the judgment granting the petition, or, in case of appeal, upon receipt of the entry of judgment of the appellate court granting the petition, the Family Court, on motion of either party, shall proceed with the liquidation, partition and distribution of the properties of the spouses, including custody, support of common children and delivery of their presumptive legitimes pursuant to Articles 50 and 51 of the Family Code unless such matters had been adjudicated in previous judicial proceedings.
Section 22. Issuance of Decree of Declaration of Absolute Nullity or Annulment of Marriage.” (a) The court shall issue the Decree after;
(1) Registration of the entry of judgment granting the petition for declaration of nullity or annulment of marriage in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the Family Court is located;
(2) Registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located; and
(3) The delivery of the children’s presumptive legitimes in cash, property, or sound securities.
(b) The court shall quote in the Decree the dispositive portion of the judgment entered and attach to the Decree the approved deed of partition.
Except in the case of children under Articles 36 and 53 of the Family Code, the court shall order the Local Civil Registrar to issue an amended birth certificate indicating the new civil status of the children affected.
Section 23. Registration and publication of the decree; decree as best evidence. – (a) The prevailing party shall cause the registration of the Decree in the Civil Registry where the marriage was registered, the Civil Registry of the place where the Family Court is situated, and in the National Census and Statistics Office. He shall report td the court compliance with this requirement within thirty days from receipt of the copy of the Decree.
(b) In case service of summons was made by publication, the parties shall cause the publication of the Decree once in a newspaper of general circulation.
(c) The registered Decree shall be the best evidence to prove the declaration of absolute nullity or annulment of marriage and shall serve as notice to third persons concerning the properties of petitioner and respondent as well as the properties or presumptive legitimes delivered to their common children.
Section 24. Effect of death of a party; duty of the Family Court or Appellate Court. – (a) In case a party dies at any stage of the proceedings before the entry of judgment, the court shall order the case closed and terminated, without prejudice to the settlement of the estate in proper proceedings in the regular courts.
(b) If the party dies after the entry of judgment of nullity or annulment, the judgment shall be binding upon the parties and their successors in interest in the settlement of the estate in the regular courts.
Section 25. Effectlvity. – This Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003.
(Full text also here.)
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I have a question that I would like to raise since it is related to the issue of annulment of marriage.
In 1995 I had a “secret marriage” with my then girlfriend. She left for the States and after a year we separated since she married another guy in the States. I checked with the Civil Registrar and found out that our marriage was legal. So I filed an annulment case which was granted by the court in 1998.
In 1998, before the final judgment of my annulment was granted,I re-married and me and my wife with our two kids are living together now for almost 10 years. But every so often, my wife will nag me that our marriage is void since it was done before the final judgement of my annulment case was granted.
My questions are:
1. What can I do to make our marriage legal if it is illegal or void since it was done before the annulment judgment was rendered?
2. Do I need to marry her again and can we be granted marriage licenses if we want to marry again to make it legal?
I would be very happy to here from you your views on this issue.
if a man who was previously married, to a woman who is also previously married (each of their spouses are still living, and their previous marriages are both valid), is there a possibility that in some way, they could be “safe” from prosecution since both of them are offenders? is there a statute of limitation for bigamy? the man reconciled with his 1st wife and the 2nd wife is vengeful. the only thing that is stopping her from filing a bigamy case against the man is the fear of facing the same charges. since in this case, the only “victims” are wife no.1 and husband no.1 and both are not complaining, is there a way that the man can be immune from prosecution if the 2nd wife files a case? what if she is insanely desperate and is prepared to go to jail just so the man and his 1st wife will have a miserable life? what should the man and wife no. 1 do in order to prevent/avoid problems that may arise if wife no.2 becomes insanely vengeful? thank u.
hello atty.
when can we say that the reason for annulment is irreconcilable differences?I have problems regarding the reasons why i must file for an annulment since, is habitual insults from your husband enough to file for an annulment?because that can be categorized i think as emotional abuse.
sf
Atty Fred, i just wanna know if there will be additional filing fees charged by the Civil Registries when the decision and decree is registered?
I was fooled being married to a man who is married.
The story is, I gow married 2007 march and he submitted a fake CENOMAR authenticated byt he NSO and DFA.
Upon gatherign the documetns, I got teh original marriage certificate of me and the 1st marriage original certificate of marrieg of him with his 1st wife in 1995. so therefore my marriage to him is null & void! Right?
I want to know whata re the legal grounds, isnt the article 349 (bigamy) I want him to pay the thigns that he does, he ruined my documents and even teh immigration found that he is marreid so i withraw the sponsorship. todate he was tellign he filed an annulment what would be the case why is it that I didnt receive the petition from his filling so I can answer it?. Can I go ahead and file. I want a clear case, I want him to be in jail, pay me for the fees, fix my documents. I am innocent here & his mother told me that he hire a fixer at teh NSO, he works in Dubai, can he be deported for this? I want a justice for this. I hope you can help me as I would like to start it now.
thank you so much
E. Reyes
I was fooled being married to a man who is married.
The story is, I gow married 2007 march and he submitted a fake CENOMAR authenticated byt he NSO and DFA.
Upon gatherign the documetns, I got teh original marriage certificate of me and the 1st marriage original certificate of marrieg of him with his 1st wife in 1995. so therefore my marriage to him is null & void! Right?
I want to know what are the legal grounds, isnt the article 349 (bigamy) I want him to pay the thigns that he does, he ruined my documents and even teh immigration found that he is marreid so i withraw the sponsorship. todate he was tellign he filed an annulment what would be the case why is it that I didnt receive the petition from his filling so I can answer it?. Can I go ahead and file. I want a clear case, I want him to be in jail, pay me for the fees, fix my documents. I am innocent here & his mother told me that he hire a fixer at teh NSO, he works in Dubai, can he be deported for this? I want a justice for this. I hope you can help me as I would like to start it now.
thank you so much
E. Reyes
my father and my mother have a voidable marriage on February of 1988 (I said its voidable because there is no ceremony, there is no witnesses, they just signed the marriage contract and the day after get a witness to signed the marriage contract. Also after the signing of the marriage contract they not live together.) and then later that year November 1988, my mother entered to another marriage to a foreigner. (my father has no problem with this marriage because he has his another family with 3 kids).
Then after 2 years the foreigner died and my mother got a pension from US Social Security and US Veterans. But after 5 to 6 months of pension it was stop because of the reason that their marriage is void because of the first marriage.
atty. i have a questions.. Is there any way, to legalized the second marriage in order for my mother to get her pension back?
Thank you.
Jun Dizon
Dear Atty.,
A couple married without a license, claiming that they have been living-in together as husband and wife for 5 years (but in fact, they only lived-in for 6 months). They have not submitted an affidavit stating their living-in together (which is a requirement for no-license marriage). Will this be considered as grounds for declaration of nullity of their marriage? Thank you.
I’ve been to a quickly marriage Dec 1999. I’m not aware of applying marriage license or even signing it. He left me for another woman and after my still birth January 2000. After 1 year, out of my depression i work abroad but before i leave i checked NSO for marriage contract but no avail. October 2004 i married my boyfriend in the Phils. I got a CENOMAR copy from the NSO. We are living here in abroad now. The problem just arise this year when i’m getting some papers in the NSO i just found out the i have an existing marriage contract from my previous marriage but not on my direct name (mispelled name)
Please enlighten me on what i will do.
Thank you very much.
My wife and I don’t have communication for more than seven years now.I heard form my in laws that she was living in with another foreign man in Singapore where she works as caregiver. She also abandon her children since she went abroad in 2001 and wasn’t giving any financial support to them.We were civil married of March 1996 in a regional court in Lipa, Batangas. Due to indifferences and incompatibility, we decided to separate and she grabbed the opportunity to work overseas in 2001 to make our decision realistic. She stopped communicating as early of 2002.
As of now, I am not planning to sue them or ask for any financial support. I can support for my two sons who are now first and second year high school. All I want is to be married again to a woman whom i really love since college days.
Question: do i still have to file annulment? I don’t even know where she is , her address, her number has been changed and her in laws don’t want to cooperate.What will I do, please help…
dear Atty,
a good day to you,i have a problem that i want to ask,pls answer me,i have been married last 1995 in the civil wedding(shotgun)after the ceremony of the judge at the same day i went home and i told the girl to go to her home,since then and upto now we are not living together,and i heard that the girl has already married to another guy six years ago and living on her family,atty,is my marrage to her invalid or void?will i able to get married again?pls enlighten me..thank you
dear atty.
I got married last october 12, 2006. I and my family were fooled by my husband story that he’s case in annulment to his 1st wife is already in the process, just waiting for the finality. He sounds so convincing and actually he was able to show me a legal document stating that he & his first wife is no longer connected and that he should give an amount of 15k/month for his obligation to his son (he had a 13 year old son). It was fast…my mistake is I easily believed him. After we got married, civil wedding…his real attitude finally showed to the point that I could not take the way he treated me anymore. Worst, I discovered that he’s been using drugs (shabu) & is very drug dependent already. I left him. We had a son who’s turning 2 this month.
Aftersuch, some of his cousins contact me. Finally, the truth came out. Me & my family were fuming with anger when we found out that there had never been an annulment case with his first wife. We have a marriage record at the NSO & civil registrar, I want to know if my marriage with him is null and void. Please advice me on what to do…thank you so much!
Hi, just want to ask if I need to request a Declaration of Nullity of Marriage or should I just ignore my first marriage and remarry? We were married with my “ex” without a marriage license, but we signed a contract together with our witnesses. Our marriage was presided by a Judge but the Judge didn’t know that we didn’t have the requirements yet. She thought everything were ok. But she still proceeded with the ceremony provided we will comply with all the requirements needed to make our marriage valid. However, we failed to comply, and we just ignored it until we got separated (we lived together for only 3 months only). Given this situation, do I still need to do my aforementioned question before I remarry? Thanks for your help. God bless.
Dear Atty,
Good day! i would like to request for a legal consult regarding my present marriage. I am currently separated with my wife and wanted to file for annulment. I have decided to make this action due to one important reason… My freedom.
Been married for 7 years and our marriage was somewhat you’ll say not an ideal one. I got her pregnant in 2003, and during that time i am under the impression that my child will not bear my name if im am not married with my “wife”. As a decent thing to do, I have propsed for us to get married but she refuses and decided to go back to her province to think things through, after a week she came back and accepted the offer (by the way she was may girlfriend then from 2000). We got our civil marriage in our province in Nueva Ecijia. after our marriage we started to live as husband and wife unfortunately it didn’t work out that way it was supposed to be. and it even gotten worst when she delivered our child. my mother-in-law was staying with us that time (she was separated too). through her short comings and have seek comfort of friends, mostly going out and drinking, just an excuse to release my pain. after 2 years, my wife threaten me that she’s going to leave me if i will not change my life style. I was afraid that i will not be able to see my daughter again, so i call my father who was then an OFW and seek for a better oppurtunity outside the country. Fortunately i got a job in Saudi Arabia and after a few months i invested some money for them to follow me. My entire purpose is for us to get closer and maybe give some spark on our relationship. but it didn’t turn out that way, we argue in a lot of things and we don’t even act as a married couple. she doesn’t even say she loves me (that was from the time we got married). day by day i always hope that something will change but nothing seems to work. till it gotten worst and this year when i came in the Philippines for our annual vacation. I just hit my limit. i can no longer take the fight arguments and even the verbal abuse. She even let me sleep outside my own house. that is why i came back in saudi arabia by myself. Oh by the way, in our seven years of marriage, from the time she got pregnant (2003) up to last quarter of 2008,we didn’t have any sexual contact. only just in the next years she allows me to sleep with her, but i need to beg for it before she even consider and its all scheduled. We have no passionate moment, no romance in our 7 years and nothing but heartaches and bitterness.
there are more detailed things in my story but i wont go that deep for now. My question is how to file my case and what possible grounds should i consider? i heard that both parties need to agree before filing an annulment case? what if she didn’t sign or refuses? what are my alternatives?
currently i am still in contact with them because i am continuously supporting my daughter. One inportant fact, my wife and my in law connived without me knowing that part of my educational plan was wasted and not paid. therefore, the educ plan was void and we can no longer collect anything for my daughters education.
Please do provide me with your best consult in filing this case.
Thank you very much.