Annulment Articles

[KeithD]

Wise to print these off.

http://www.gtalawphil.com/Philippine%20Annulment%20101_5.htm

http://jlp-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/

http://www.chanrobles.com/amno021110sc.html

http://philsprocedure.blogspot.com/2005/05/steps-in-nullity-of-marriage.html

http://www.filipinawives.com/soannulment.htm

[halfluke]

Thanks, very useful links!

This whole annulment matter is a real pain :Brick:

[quirkyone]

a pain and very expensive indeed

[eileen]

thank you very much! very insightful articles indeed!

[johncar54]

I guess from time to time many of us have known someone who talks about the possibility of getting an annulment.

I have searched the internet but I have not seen anywhere if it is possible to do so without employing a lawyer.

In my professional experience in UK (probably much the same everywhere) lawyers come in all varieties, unfortunately most are on the expensive side, many are less than good and quite a high percentage are 'useless.' (Apologises to any lawyers present, but I am sure you get my drift!).

Does any have first hand experience of 'doing it yourself' ?

[sars_notd_virus]

I guess from time to time many of us have known someone who talks about the possibility of getting an annulment.

I have searched the internet but I have not seen anywhere if it is possible to do so without employing a lawyer.

In my professional experience in UK (probably much the same everywhere) lawyers come in all varieties, unfortunately most are on the expensive side, many are less than good and quite a high percentage are 'useless.' (Apologises to any lawyers present, but I am sure you get my drift!).

Does any have first hand experience of 'doing it yourself' ?

:Erm:

[johncar54]

:Erm:



I tried to send you a private message to ask what you had intended by re-posting my question, but found you cannot receive messages.

[Jenky]

To anybody interested.

We used Jenny Pulido for my wifes annullment two years ago. The link to JPS law posted by win2win above. She is based in Manila and offered us a fixed price of 200,000 pesos, paid in three stages as the annulment process progressed. Expensive yes! but all I can say is she is 100 percent trustworty and reliable. She answered my many many many emails promptly every single time, and kept us informed of the progress. Even giving my wife her own address and personal cellphone number. If anybody out there needs to do this and doesnt want the hassle of worrying about if they are being ripped off then I can personally recommend her.

[Steve.r]

To anybody interested.

We used Jenny Pulido for my wifes annullment two years ago. The link to JPS law posted by win2win above. She is based in Manila and offered us a fixed price of 200,000 pesos, paid in three stages as the annulment process progressed. Expensive yes! but all I can say is she is 100 percent trustworty and reliable. She answered my many many many emails promptly every single time, and kept us informed of the progress. Even giving my wife her own address and personal cellphone number. If anybody out there needs to do this and doesnt want the hassle of worrying about if they are being ripped off then I can personally recommend her.

Great feedback, thank you :xxgrinning--00xx3:

[johncar54]

It's a national disgrace that a country which 'pretends' it does not allow divorce, punishes its citizens with the incredible cost to obtain a euphemistically called annulment, which is of course nothing of the sort. If it were then those who obtained it could get married in the church which of course they cannot. They should just pass legislation to overtly permit, divorced, which they do, with a simple, straightforward system which could be negotiated by individuals, without the need for legal representation and at a cost which reflected such a system.




Added later:-

So why does the present expensive and unfair, system exist and continue ?

In UK the largest group in Parliament are lawyers. If government passes any law which simplifies the way things are done it means that lawyers in general will earn (be able to charge) less. Thus in UK the quality of new laws appears to ensure that lawyer will not lose out. (An example which I knew very well was the 1968 Theft Act which was so full of holes, which meant for years, lawyers, on high fees, were fighting cases in court to establish the meaning of the law. That law could have been almost watertight if Parliament had had the citizens needs foremost in their minds).

I suspect that things in RP are not that much different from UK and that the legislators protect the money making practices, which ensure lawyers get paid excessive fees, are protected by legislation, whist the ordinary citizen gets screwed and his/her need are in the main ignored.

[Terpe]

Hi Jenky

I would very much like to echo the comment from Steve.r

Thanks for making the effort to pass on your experience and recommendation.
I'm sure this help a lot of people

[Jenky]

Sorry the link to the attorney we used (Jeanie Pulido) is www.philippinelegalservices.com

[toging]

i had my annulment after 2 1/2 years...agreed for 150,000 within six mos...its a long process and a lot of patience needed.....:NoNo:

[michaeldevine93]

I've heard that they are trying to pass a bill in the philippine senate that will make it much easier for woman to obtain an annullment. Im just wondering will this ever come into law or will it be a case of the lawyers protecting their interests:doh

[johncar54]

I've heard that they are trying to pass a bill in the philippine senate that will make it much easier for woman to obtain an annullment. Im just wondering will this ever come into law or will it be a case of the lawyers protecting their interests:doh

Why 'easier for women' ?

And whilst they are changing the law, it's about time they called a divorce a divorce, instead of euphemistically a 'an annulment' !

[skinicuk]

In my experience on Annulment

Here is my computation
Lawyers fee: P150,000
Lawyers fee during per appearance: P5,000 x 2
Psychologist: P 30,000
Photocopy and other documentation: P30,000
Under the table payment for the Fiscal: P30,000
A total of P245,000

After 1 year of stress. I got my annulment.
They Finality of the Annulment plus the NSO marriage contract with an annotation on the side that states that marriage is null and void.

I really cannot imagine I can raise that amount. In this situation GOD is really there for me to guide me in my most difficult time.

Now my EX-husband he is beating up another woman. I am really glad its not me anymore being black and blue going to work is really painful. Now I am strong and wiser.

Now I am in full custody of my son, now 11 years old. He does not support us but its okay I can manage.

[Terpe]

.......Now I am in full custody of my son, now 11 years old. He does not support us but its okay I can manage.

Good for you and well done in overcoming your difficulties :xxgrinning--00xx3:

[skinicuk]

Thank you Terpe!

[hp123]

Hi Im new here. I just want to ask if you could give me a name of a good lawyer that can process annulment. Im still in the Philippines and currently doing some consultancy work here in Mindanao. Hope you can help my friend in getting a good lawyer. Thank you this site is great!

[RickyR]

Occasionally there are posts relating to a girlfriend or boyfriend in the Philippines who is already married. With the Philippines being a Catholic country where many laws are based on Catholism, it is unsurprising to discover that it is illegal to obtain a divorce in the Philippines. There is the possibility to obtain an Annulment if it is proven that one of the parties in the marriage was psychologically incapacitated in complying with the obligations of marriage.

Annulment of a Civil Marriage
If the previous marriage was a civil wedding, then the annulment will be wholly completed through the court, but can be fraught with difficulties, delays and large costs (150,000 php is normal). The procedure takes between 12 and 24 months, but can be expedited in some circumstances, although this may involve additional costs.

Annulment of a Catholic Marriage
Once an annulment has been obtained through the courts, then an application will be made through the archdiocese for an annulment of the catholic marriage allowing you to be free to marry in a church. This is notoriously difficult to obtain.

Adultery in the Philippines
Carnal relation between a married person and a third party is a serious offense in the Philippines and can result in prison time for those involved. A quick search on google of ‘David Scott and Cynthia Delfino’ will show you how serious this is taken in the Philippines. It shouldn’t be taken lightly.
http://jlp-law.com/blog/a-brief-discussion-on-infidelity-concubinage-adultery-and-bigamy/

Annulment Procedure
An annulment must be filed in the Family Court, and generally that court is the one where the petitioner has previously resided for at least 6 months. Occasionally it is worthwhile filing the petition at a more favourable court, but if the respondent (spouse) wants to be difficult, he may apply for it to brought back to his local court.

For an annulment to occur a petition under Article 36 of Family Code shall specially allege the complete facts showing that 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.
Some information on the annulment can be found here:

http://www.familymatters.org.ph/Procedural%20Laws/Supreme%20Court%20Rule%20on%20Annulment.htm


The main hearings will be the following:

File Petition
Summons
Answer
Investigation Report of Public Prosecutor
Pre-Trial
Trial
Memoranda
Decision
Appeal
Issue of decree


There can be seperate hearings for the witnesses (pyschologists), and the trial and pre-trial can be split into seperate hearings depending on time restrictions. It's also quite normal for hearings to be cancelled or delayed at short notice. Even worse if your lawyer or psychologists are unreliable then they could fail to attend or be late causing you to have to reschedule.

If the respondent does not respond this can delay things considerably, as efforts will need to be made from the court to locate him and provide a summons, who then report back to the court, who then give 15 days to respond. This same process will be repeated again if he fails to attend the pre-trial.

Overseas Petitions
The petition must be signed personally by the 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.

[dunstun365]

that"s over £3700

[DAnn]

Hi, skinicuk!

so happy for you. i got my annulment decision last month. i am now in the process of getting the finality and so on, i am just realising it is not yet done pa pala... may i ask, how long it took for you after your annulment decision was given until you got your NSO marriage contract with annotation? thank you in advance :)

[sars_notd_virus]

i got my annulment decision last month. i am now in the process of getting the finality and so on, i am just realising it is not yet done )

Once the Decision is out it wouldnt take long for the court to issue Finality judgement for the Annulment case ...what you need to worry is the Solicitor General, if they appeal to the Court of Appeals then the annulment procedures will go on again.

[DAnn]

oh no...no more i pray! will continue praying. my ex is not interested and wants nothing to do with me. why would a solicitor general want to pursue an annulment case that has already been decided null and void by the court? my ex lived with another woman and they have a son already, i believe the boy, their son is now 9 yrs or older...

[sars_notd_virus]

For those of you who doesnt know , there is a proposed RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES..I've seen that Rickyr posted a link for it (no.20) but I'll repost it again for the benefit of those who want to read and understand.

http://sc.judiciary.gov.ph/rulesofcourt/2003/annulment.htm

[sars_notd_virus]

I've heard that they are trying to pass a bill in the philippine senate that will make it much easier for woman to obtain an annullment.

It is a good news not just for women.
http://www.bbc.co.uk/news/world-asia-pacific-12217090
The bill would make violence, infidelity and abandonment all grounds for annulment.

...at the moment the most popular ground for annulment is psychological incapacity (Article 36/familycode), which is so difficult to prove.

[johncar54]

Sars
The bill would make violence, infidelity and abandonment all grounds for annulment.


Or as the rest of the world calls it 'DIVORCE'

[sars_notd_virus]

Sars
The bill would make violence, infidelity and abandonment all grounds for annulment.


Or as the rest of the world calls it 'DIVORCE'

yes johncar, it is sad :NoNo:
Philippines now only nation in the world without divorce;Malta gives in.
http://www.gmanetwork.com/news/story/222013/news/world/phl-now-only-nation-in-the-world-without-divorce-malta-gives-in

[johncar54]

Every nation in the world has divorce laws except the Philippines (though Muslims have the right to divorce) and the Vatican City. In these two countries, laws only allow annulment of marriages.

Annulment is a legal procedure for declaring a marriage null and void. That is:- that because of an impediment no marriage ever took place. (examples: the priest was a fake, or one of the parties was already married, or was under age, or was forced to marry).

What you have in the Philippines, in almost every case, is divorce but by another name.

[DAnn]

thank you all for posting the links...
i have a qustion though... i read about "publication" after the decision leading up to the finality..
does it mean i will have to have the decision published as in, a news paper? my lawyer did not mention "publication" to me.

[DAnn]

Did I understand my lawyer correctly:

Now that I have the decision (petition granted, marriage "null and void"), the court will mail copies of the decision to:

1."Recipient"

2. The LCR of where the wedding took place or was celebrated

3. The Solicitor General

4. The LCR of where the petition was heard and

5. The court where petition was heard (in short, five agencies to be sent copies of the decision).

Once they have all replied back to the court and their replies are received by the court, then starts the 15 days count of waiting. If no appeal is made within this 15 days, then FINALITY will be issued - which I then have to get and report to the local civil registrar of the city where marriage took place and where the petition was filed/granted. Finally, report/file this to the NSO?

Please correct me if I've misunderstood ... thanks!

[DAnn]

Hi, everyone!

I noticed no one had answers for my question in my last post. Sorry if I had too many questions. You all might be used to these questions now. I just wanted to update you all, the process of finality has started since nearly two weeks now. I still do not know any info about that "publication" i read in an article. My lawyer also did not mention anything about this so I guess I do not need to worry about that anymore. Now I will just rant... what my lawyer suggested after we received the decision, that I pay for personal delivery of the decision letter to all 5 agencies involved so that the finality process will speed up or at least not too delayed. His secretary explained that if we just waited for the court to send them by post, (and we all know how the postal service here is so reliable and so fast lol), it will take longer to reach the agencies and of course they will also need time to post their responses as well. In short, secretary explained that personal delivery is faster than waiting for court to post the letter to the agencies that needs to be furnished a copy of. I had to pay for this service. But now guess what? I was told, it will still take a month! Grrrrrrr! I pray things here will change for the better and soon!!! Grrrrrrr!

[DAnn]

i read everywhere, once decision has been granted, one only needs to wait for 15 days then finality document can be claimed? or did i misunderstand? -which might explain why I am now disappointed in hearing about the "finality might take a month" before I can get it.

[Terpe]

You need to contact to your legal representative. :xxgrinning--00xx3:

[DAnn]

I do not have a legal rep anymore... when my lawyer accepted my case more than a year ago, he mentioned to me that he will help me until the decision is achieved but after that, "finality" is not part of his service anymore. I asked, what is finality. He explained it is easy and not expensive and I can do that on my own. I was naive, I said ok. I thought the difficult part was the annulment. Never heard of "finality" until that day I met with the lawyer when he accepted my case. Today, I am realizing that even though I now have a court decision letter saying the marriage was null and void, I am still not free to marry until I get this finality. It is like, a half baked cake :(

[DAnn]

I understand, I should not ask for legal advice here.. i guess I am just ranting. :((

[sars_notd_virus]

I do not have a legal rep anymore... when my lawyer accepted my case more than a year ago, he mentioned to me that he will help me until the decision is achieved but after that, "finality" is not part of his service ...a half baked cake :(

you cannot marry again until you have the ''Absolute finality of Annulment'':NoNo:..youve been ripped-off !!

[sars_notd_virus]

Hi, everyone!

I noticed no one had answers for my question in my last post. Sorry if I had too many questions. You all might be used to these questions now. I just wanted to update you all, the process of finality has started since nearly two weeks now. I still do not know any info about that "publication" i read in an article. My lawyer also did not mention anything about this so I guess I do not need to worry about that anymore. Now I will just rant... what my lawyer suggested after we received the decision, that I pay for personal delivery of the decision letter to all 5 agencies involved so that the finality process will speed up or at least not too delayed. His secretary explained that if we just waited for the court to send them by post, (and we all know how the postal service here is so reliable and so fast lol), it will take longer to reach the agencies and of course they will also need time to post their responses as well. In short, secretary explained that personal delivery is faster than waiting for court to post the letter to the agencies that needs to be furnished a copy of. I had to pay for this service.

We provided you all the links to read and understand or to give you idea , that is why you pay lawyers , let them do their job!!

[DAnn]

you cannot marry again until you have the ''Absolute finality of Annulment'':NoNo:..youve been ripped-off !!

hi, sars_notd_virus...
yes i realized this now... i wish i knew and understood better much earlier. all the while, people I have spoken to before I filed for annulment just talked about annulment itself. No one mentioned this "absolute finality of annulment" until that day my layer said the word "finality" and like what i posted earlier, he gave me the impression it is not something to worry about when i asked what it is. I was happy when he said he will help me with my petition until the decision is granted. He said, he will not be doing the "finality". He said I can do it on my own. So I said ok. Now, I am waiting for this finality and praying and hoping it will not take 7 months because that is when our wedding is set. Anyways from all articles we read, they all say 15 days then I can get a finality. It should not be long now.

[DAnn]

We provided you all the links to read and understand or to give you idea , that is why you pay lawyers , let them do their job!!

yes, thank you for the link you posted. My fiance and I read a lot. It helps. Sometimes, it gets us more confused. I am grateful to my lawyer for helping me with my annulment petition but I wish he explained to me how important this finality is. I don't know if he just didn't want to do that or he really doesn't give that service or why he did not offer to do it for me to begin with. Now that the decision has been granted, I am on my own on getting this finality thing. No lawyer.

[sars_notd_virus]

Now that the decision has been granted, I am on my own on getting this finality thing. No lawyer.

Youve got the decision now yeah? ..have you got the ''Entry of Judgement''?
It can only become final if the notices have been sent and no appeals from the Sol Gen or the prosecutor.

[jonnijon]

It took 3 years for my wifes anullment :NoNo:

[DAnn]

Youve got the decision now yeah? ..have you got the ''Entry of Judgement''?
It can only become final if the notices have been sent and no appeals from the Sol Gen or the prosecutor.

Hi sars_notd_virus,
I believe the documents you mentioned above can be obtained soon. The decision was personally delivered to agencies. I paid for this personal delivery service. There might be people out here who are also going through the same situation, specially those who already made it through this annulment to finality process. I hope they read this too, that they might be able to share their experience so we can get an idea of how long this process might take.

[DAnn]

It took 3 years for my wifes anullment :NoNo:

Oh dear! That is one long annulment process! May I ask when her annulment petition was filed and when the decision was granted, and last but not least, when she got the finality?

[tiger31]

well i,m waiting to return to uk and my g f will start divorce proceedings from there .we are on our 3rd year together in the philippines unless she can find a lawyer with a fixed price she won,t pay their high fee,s for annulment.he also wants annulment as he is with somebody else.Although its classed as a serious offence its often ignored as there are so many people who simply do not have the funds to get annuled

[sars_notd_virus]

Hi sars_notd_virus,
There might be people out here who are also going through the same situation, specially those who already made it through this annulment to finality process. idea of how long this process might take.

Been there, done that...My annulment got sorted in less than a year.
basically the process is similar to jenky...before we started the case , the lawyer and I made a written agreement about the fixed price 250,000 to be paid in three stages..full payment was made when I got the final decree of annulment.




fixed price of 200,000 pesos, paid in three stages as the annulment process progressed. Expensive yes! but all I can say is she is 100 percent trustworty and reliable. She answered my many many many emails promptly every single time, and kept us informed of the progress. Even giving my wife her own address and personal cellphone number.


...as long as you got the Entry of Judgement then I think you will be fine to process it on your own , bring the Decision and Entry of Judgement to the LCRO of your first marriage then go to court where your lawyer file the case then by then the court can issue your final decree of annulment.

DAnn, can i ask how much did you pay for the lawyer who process your annulment papers and just come up until the Decision from the court?

[DAnn]

Hi all! Me again. And of course, confused again. Sorry. :)

Just wanted to ask if anyone here who has a recent experience about obtaining this finality thingy that you are supposed to obtain after the annulment decision has been granted by the court. All the links/annulment articles i read says after the decision has been granted and you wait 15 days then you can get this FINALITY thing. It's been way more than 15 days and I still don't have this finality paper. I would appreciate very much if anyone would be able to share their experience or let me know if this is normal waiting this long or is it too early still? or how long in reality that one has to wait before finally getting this "finality"? I pray that that day will come soon, when the local government offices will be more efficient and reliable. That if they said 15 days, it shall be 15 days, full stop! Grrrrr! Sorry I am such a dreamer :(

[sars_notd_virus]

Hi all! Me again. And of course, confused again. Sorry. :)

Just wanted to ask if anyone here who has a recent experience about obtaining this finality thingy that you are supposed to obtain after the annulment decision has been granted by the court. All the links/annulment articles i read says after the decision has been granted and you wait 15 days then you can get this FINALITY thing. It's been way more than 15 days and I still don't have this finality paper. I would appreciate very much if anyone would be able to share their experience or let me know if this is normal waiting this long or is it too early still? or how long in reality that one has to wait before finally getting this "finality"? I pray that that day will come soon, when the local government offices will be more efficient and reliable. That if they said 15 days, it shall be 15 days, full stop! Grrrrr! Sorry I am such a dreamer :(

Dann, you cannot have the FINALITY if you dont have the DECISION and ENTRY OF JUDGEMENT!!

[DAnn]

Dann, you cannot have the FINALITY if you dont have the DECISION and ENTRY OF JUDGEMENT!!

Yes, of course. I do have the decision letter on hand. Got it early March. And soon after I received it, paid for a personal delivery instead of the court using the country's very fast & reliable postal service (lol)
You see, its been way more than 15 days since then... I just wanted to ask those who went through this process of waiting for finality after the decision... Is it normal that it is taking this long as opposed to the "15 days" that annulment articles show? We are now on the last week of Apr.

[pancake4s7]

Hi D'Ann and Sars, may I know where you filed your annulment case? I am planning to file an annulment and I'm wondering how long should I wait for the decision. I'm a newbie and seems like I cannot pm you guys yet.

Thanks so much for any information.

[Ako Si Jamie]

A recent article by Pinay journalist, Ana P Santos, about the experience of her annulment.

http://www.theatlantic.com/international/archive/2015/06/divorce-philippines-annulment/396449/