A Discussion on the Grounds for Legal Anulment

[ginapeterb]

A Discussion about Anulment and Legal Separation and the Philippine Family Code

I have decided to write a short peice about matters of Legal Anulment in the Philippines, during the last 6 months, I have been quite suprised by the amount of personal e mails that have been arriving in my website inbox from all over the Philippines, some of them are from British ex-patriates, who are resident in the Philippines, most of them have wifes, and are now with other companiions, they wish to move on with their life, some are from Filipinos who are wanting to marry British Citizens, it amazes me how sometimes they think I can answer their questions, but I decided to make contact with a laywer freind of my wife's who specializes in Family Law in the Philippines, I wanted to write this peice, so thankfully I have all the information I need now to do this, so here it is at last.

I have also included some questions that I get in E mails, to help those who might have similar cases to ask us about here at FilipinoUK.

Philippine Annulment Law Made Easy

ANNULMENT OF MARRIAGE

Annulment is the term given by non-lawyers to all cases of annulment proceedings. But legally speaking, annulment cases are only those petitions with grounds falling under Article 45 of the Family Code. The other process is a Petition to declare absolute nullity of marriage or simply a petition for nullity of marriage which can be found under Article 35 (Absence of Formal and Essential Requisites of Marriage), Article 36 (Psychological Incapacity) Article 37 (Incestuous Marriages) and Article 38 (Void by reason of Public Policy) of the Family Code.

Q. What is Annulment of Marriage?

Annulment of Marriage is a Court process in order to annul the marital union between a husband and wife. Annulment of marriage presupposes that the marriage was valid from the beginning and remains valid until annulled by the Court.

Q. What are the grounds for annulment? Is there a time limit for this?

Marriages can be annulled by the court on the following grounds:

1. Either party was eighteen (18) years of age but below twenty-one (21), and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party. You can only file the Petition within five (5) years after reaching the age of twenty-one. But you cannot anymore file the Petition if you have freely cohabited with each other as husband and wife after you reach the age of twenty-one. Your parent/s or guardian can also file the Petition anytime before you reach the age of twenty-one.

2. Either party was of unsound mind at the time of marriage. You may file the Petition anytime before the death of your husband or wife. But for instance, you freely cohabited with each after he/she came to reason, under this circumstance, you are already precluded by law from filing the Petition.

3. The consent of either party was obtained by fraud. You can file the
Petition within five years after the discovery of the fraud, provided that
you did not freely cohabit with your husband or wife after your full
knowledge of the facts constituting the fraud. Sounds tricky?

4. The consent of either party was obtained by force, intimidation or undue influence or otherwise known as “shotgun marriage”. You can file the Petition within five years from the time the force, intimidation, or undue influence disappeared or ceased. However, you are already barred from filing the Petition if you have freely cohabited with your husband or wife knowing that the force or intimidation had already ceased.

5. Either party was a sexual impotent or physically incapable of engaging in sexual intercourse and such incapacity continues and appears to be incurable. You can file the Petition within five (5) years after marriage.

6. Either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. You can also file the Petition within five (5) years after marriage.

Q. What are the kinds of fraud which constitute the ground for annulment?

The kinds of fraud that will give ground for annulment are as follows:

1. Non-disclosure of a previous conviction by final judgment of the
other party of a crime involving moral turpitude;

2. Concealment by the wife of the fact that at the time of the marriage,
she was pregnant by a man other than her husband;

3. Concealment of sexually transmissible disease, regardless of its
nature, existing at the time of the marriage; or

4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

Q. My wife fooled me into marrying her. Prior to our marriage, she told me that she is a doctor and no sexual experience After our marriage, I found out the truth that she is not what she claims to be. Can I file a Petition for annulment on the ground of fraud?

We truly understand your feelings but misrepresentation
or deceit as to character, health, rank, fortune or chastity do not constitute fraud as ground for annulment. Perhaps, you can explore the possibility to declare your marriage void on other grounds such as the psychological incapacity under Article 36 of the Family Code.

Q. Where can I file the Petition for Annulment?

You can only file the Petition for Annulment in the place of your residence or the place of residence of your husband or wife.

Q. I would like to file the Petition in Cebu but I do not have residence
there yet. My husband is not also living there. But I will be accepting
a job as call center manager in Cebu a month from now. Can I file the Petition in Cebu?

Yes, you can file the Petition in Cebu but you have to establish residence in Cebu for a period of at least six (6) months prior to the filing of the Petition. This can be arranged because you will be relocating there for your new job assignment.

DECLARATION OF NULLITY OF MARRIAGE

A petition to declare the marriage void presupposes that the marriage was void or invalid from the beginning. Legally, it can be said that the marriage did not even exist. But there are so many questions about this issue like, do you need to file the Petition if your marriage did not even exist from the beginning? The answers that you have been looking for can be found below.

Q. What are the grounds to declare the marriage void?

The grounds to declare the marriage void are as follows:

1. Those contracted by any party below eighteen years of age even
with the consent of parents or guardians;

2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

3. Those solemnized without license unless exempted by law.

4. Those bigamous or polygamous marriages.

5. Those contracted through mistake of one contracting party as to the identity of the other;

6. Assuming that you caused the annulment of your first marriage. However, you get married immediately without waiting for issuance of the Final Decree of Annulment. Your second marriage can also be voided by the Court.

7. Psychological Incapacity of the husband or wife, existing at the time of marriage, which prevents him or her from complying with the essential marital obligations of marriage, even if such incapacity becomes manifest only after the solemnization of the marriage.

8. Incestuous Marriages (between ascendants and descendants; between brothers and sisters whether full or half blood).

9. Marriages between relatives:

a. between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;

b. between step-parents and step-children;

c. between parents-in-law and children-in-law;

d. between the adopting parent and the adopted
child;

e. between the surviving spouse of the adopting
parent and the adopted child;

f. between the surviving spouse of the adopted
child and the adopter;

g. between an adopted child and and a legitimate
child of the adopter;

h. between adopted children of the same
adopter;

i. between parties where one, with the intention to
marry the other, killed the other person’s
spouse, or his or her own spouse.


Q. I just found out that my husband was married before and I have obtained a marriage contract from the NSO to prove this. It was also confirmed when I confronted my husband about this. Do I still have to file a Petition? Can I also file a criminal case against my husband? Can his ex-wife file a criminal case against me? What is my defense, if any?

Although your marriage was void from beginning, the law still requires you to obtain a declaration of absolute nullity of your marriage by filing a petition in court. Yes, you can also file a criminal case for Bigamy against your husband. Yes, his ex-wife may file a criminal case for bigamy against you and your husband. But your defense is lack or absence of knowledge regarding his prior marriage or absence of criminal intent.

Q. What happens if I will get married without having my first marriage declared void?

Your second marriage will be invalid for being bigamous. The sad thing is, you will be facing another criminal case for bigamy
in so far as your second marriage is concerned.

Q. Is there a time limit for me to file a Petition to declare the marriage void?

The action to declare the marriage void shall not prescribe. Meaning, you can file the petition anytime during your lifetime.

Q. My lawyer told me that my second marriage was void from the beginning. I totally disagreed because the Court has already issued a Decision declaring my first marriage void from the beginning. I also showed him the Court Decision and an Entry of Judgment from the same Court. But my lawyer still insists that my second marriage was void because I failed to obtain a final decree of annulment from the Court? Is my lawyer correct?

Yes, your lawyer is correct. It appears to us that you have not completed the process before you can validly contract a second marriage. You should have brought the Court Decision and Entry of Judgment for recording at the Local Civil Registrar where your first
marriage was recorded. After the recording, you should have gone back to the Court to show proof that the Court documents were already recorded in the Local Civil Registrar. The Court will then issue a Final Decree of Annulment. Since you failed to follow this process, your second marriage is void.

[ginapeterb]

ISSUES ABOUT PSYCHOLOGICAL INCAPACITY

Article 36 of the Family Code states that “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.” This means
that the husband or the wife is psychologically incapable of complying with the essential marital obligations, which will render the marriage void from the beginning. It is important that this incapacity was already present during the celebration of marriage.

Q. I have been hearing about the term psychological incapacity. Please explain to me what is “psychological incapacity” as a ground to declare the marriage void?

" Simply put, psychological incapacity" is a serious psychological disorder, but not necessarily insanity, that causes a spouse or both spouses to be truly incapable of complying with the essential marital obligations. This psychological condition must already exist at the time the marriage is celebrated.

Q. What are these essential marital obligations?

These are the obligations of the husband and wife (1) to live together, observe mutual love, respect and fidelity, and render mutual help and support; (2) to procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage; (3) to jointly support the family (Art. 70), for the spouses are joint administrators in the partnership; and (4) Not to commit acts which will bring danger, dishonor or injury to each other or to the family (Art. 72), for the safety and security of the family at all times is a primordial duty of the spouses

Q. Can you tell me in simple terms what are the manifestations of psychological incapacity?

The following are some of the manifestations of psychological incapacity or narcissistic, anti-social personality disorder, to name a few:

1. By the refusal of one spouse to live, dwell and cohabit with the other after marriage, without any fault at all from the aggrieved spouse.

2. By the deliberate refusal to give support to the other spouse, or their common children

3. When marriage is unbearable due to the compulsive gambling, alcoholism, drug addiction or violent tantrums and jealousy leading to physical abuse towards the other and of the children of the respondent spouse

Q. My wife has a serious sexual libido or promiscuity problem. To my knowledge, she had slept with three men other than me during our marriage. I have almost killed a guy because of her sexual escapades. But despite this, I still accepted her due to my love and desire to keep the marriage intact. But it came to a point that I cannot take her philandering anymore. Please help me file a Petition to annul our marriage preferably due to her own psychological incapacity.

We truly understand and sympathize with your feelings regarding your situation. However, sexual promiscuity or sexual infidelity
of the spouse is not an example of psychological incapacity contemplated by law. The Supreme Court has recently decided a case about this issue (Please see decision Dedel vs. CA January 29, 2005). We suggest that you submit yourself for psychological examination. Based on the
information that you will supply to the Psychologist, there may be some other grounds that can be used to declare your marriage void.

COURT PROCEDURE AND EVIDENCE TO PROVE PSYCHOLOGICAL INCAPACITY

March 15, 2003 is the date of effectivity of the New Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages promulgated by the Supreme Court. Thereafter, we wrote an article simplifying this Rule for easy understanding to laymen (Please step-by-step procedure here). We received numerous feedback from our web audience that the article was very useful and informative to them. But education is a continuing process, so is our passion and commitment to translate the law in layman’s term.

Q. Do I need a psychological report before I could file a petition for annulment?

No. Generally, a psychological report is not required before you could file the petition to declare your marriage void. It is also specified under the New Rule that an expert opinion is not required to be alleged in the Petition.

Q. But does A Anulment attorney,require a client to submit to a psychological evaluation before filing the Petition?

Yes. The psychological report is the very foundation of your petition. It is like going to battle fully prepared. In this case, it would be easier for us to allege the manifestations of psychological incapacities because these facts are already stated in the psychological Report.

Q. If I am the one filing the Petition, do I still need to take a psychological test?

Yes, you have to take the test because the psychological report is the very foundation of your Petition. In the psychological test, our resident psychologist will determine the psychological incapacities of your husband or even your own incapacities. We usually recommend
that you take the test prior to the filing of the Petition.

Q. I am planning to file an annulment case on the ground of the psychological incapacity of my husband. The lawyer that I have contacted over there told me that I can already receive the decision after five (5) to eight (8) months. But I don’t remember him mentioning about psychological report. Do I have reason to be suspicious?

Every lawyer has its own style in handling the case. We are not at liberty to comment about it. But for your information, the Supreme Court has already set guidelines in proving a case for a petition for nullity of marriage on the ground of psychological incapacity.
We would like our web audience to be informed about these guidelines
which are as follows:

1. The burden of proof to show nullity of the marriage belongs to the plaintiff and any doubt must be resolved in favor of the existence of marriage and against its nullity.

2. The root cause of the psychological incapacity must be:

a. medically or clinically identified;
b. alleged in the complaint;
c. sufficiently proven by experts; and
d. clearly explained in the decision

3. Incapacity must be proven to be existing at “the time of the celebration” of the marriage, although the manifestation need not be perceivable at such time.

4. Such incapacity must also be shown to be medically or clinically permanent or incurable, although the incurability may be relative only in regard to the other spouse, not necessarily absolute against everyone of the same sex. Furthermore, the incapacity must be relevant to the assumption of marriage obligations, not to those not related to marriage like the exercise of profession or employment
in a job.

5. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.

6. The essential marital obligations must be those embraced by Articles 68 to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221, and 225 of the same code in regards to parents and their children. Such non-compliance must also be stated in the petition, proven by evidence, and included in the text of the decision.

7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.

8. The trial court must order the fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court.

Obviously, an annulment case cannot be concluded in the five (5) to eight (8) months and without the psychological report if Courts will follow the guidelines.

Q. I was informed that my annulment case would take longer if the Solicitor General’s Office will appeal the RTC Court decision to the Court of Appeals. How true is this?

Yes, your annulment case would take longer than what is expected. The good news is, appeal by the Solicitor General to the Court of Appeals is not anymore mandatory under the New Rule. But sometimes, the Solicitor General would make an Appeal to the Court of Appeals if it feels that the proceedings in the RTC Court was patently erroneous. We would like to take this opportunity to express our opinion that an annulment case is not a walk in the park. We already heard so many nightmare stories about Petitions being denied by the Court of Appeals. We would like to tell litigants
to concentrate on strengthening their cases rather than entertaining any idea of approaching the prosecutors or judges to expedite the process of their annulment.

Q. How long does it take to get my marriage annulled?

For uncontested petitions, the estimated processing time of the annulment petition is one year and six months to two years depending on the availability of witnesses and the court’s trial dates. The case would take longer if the Petition is contested – meaning the other spouse is interposing an opposition. Custody of children and property issues are also known factors that cause delay. There are also factors outside of our control that cause delay like unexpected postponements of trial due to sickness of thejudge or the prosecutor; retirement of the judge or postponements due to inclement weather.

Q. Am I required to appear in every Court hearing?

No, you are not. As petitioner, you are only required to appear during the pre-trial conference and during your scheduled testimony in Court.

Q. How many witnesses do we need to present in Court in order to prove my case?

We need to present you as our principal witness, the psychologist/psychiatrist as expert witness to prove the psychological incapacity; one or two more witnesses who have personal knowledge of your marital relations and who can affirm your story.

Q. My husband and I are planning to file the petition jointly. Will this help expedite my case?

Your case will be dismissed by the Court. The New Rule says that the petition can only be filed solely by the husband or the wife. Besides, this is a clear evidence of “collusion” or agreement of the spouses to annul their marriage, which is a ground to dismiss the petition.

Q. The public prosecutor summoned me to appear for investigation regarding the annulment case which I filed earlier? What is this investigation all about? Can I just send my lawyer instead?

This investigation is usually conducted by the prosecutor to find out if there was an agreement or “collusion” between the spouses to annul their marriage. This happens especially in
uncontested petitions when the respondent spouse did not submit his/her Answer to the petition despite receipt of the Court Summons.
If you are in the country, I suggest that you attend the investigation together with your lawyer. During our early years of practicing Family Law, we have had an experience that the prosecutor submitted a Certification of the Presence of Collusion between the parties because our client, the petitioner, failed to attend in the investigation.
The Certification was only withdrawn by the public prosecutor when our client appeared. However, prosecutors are very considerate if you can give a valid excuse for not attending the investigation.

[ginapeterb]

Step-by-step procedure for declaration of absolute nullity of void marriages and voidable marriages

The New Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages took effect on March 15, 2003. This is now the controlling procedure for dissolution of marriages. The most important amendment to this Rule is that Appeal by the Solicitor General of the Decisions from the Regional Trial Court is not mandatory.

We have simplified this rule for your easy understanding of the procedure - Alexander Llanes Acain, Jr. Esq.


1. Petitioner files a Petition for Annulment of Marriage before the Office of the Executive Clerk of Court of the Regional Court

This is the office where the Petitioner files the Petition and pays the corresponding docket fees. The New Rule on Annulment of Marriage says that the Petition shall be filed in the Regional Trial 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.

Under the new Rule, the opinion of an expert/doctor need not be alleged in the Petition.

2. The Office of Executive Clerk of Court schedules the raffling of the Petition for assignment of the case to the Family Court of the Regional Trial Court

The raffling of cases is usually done every Monday, Tuesday or Friday.

3. The Clerk of Court of the Regional Trial Court assigned in the case issues Summons to the respondent spouse

Assuming that the Petition is sufficient in form and substance, the Clerk of Court will issue Summons to be served to the respondent spouse. Basically, Summons shall be directed to the respondent spouse containing 1) the name of the Court and the names of parties to the action, and 2) directing respondent spouse to file his answer within fifteen (15) days from service of summons, or within thirty days from the last issue of publication in case of service of summons by publication.

If the respondent spouse is residing outside of the court’s territorial jurisdiction, summons shall be coursed through the Office of the Executive Sheriff of the Regional Trial Court where respondent is said to be residing as stated in the Petition.

For instance, if the Petition is filed in Makati City and the respondent is residing in Davao City, the Court shall serve the summons through to the Office of the Executive Sheriff of the Regional Trial Court of Davao, City. The Executive Sheriff of Davao City shall be the one who will serve the summons to the respondent spouse.

If the respondent spouse 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.

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; © 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.

4. Respondent spouse files his/her Answer to the Petition

The answer must be verified by the respondent himself and not by counsel or attorney-in-fact. If no Answer is filed, the Court will not declare him/her in default. However, the Court shall Order the public prosecutor (Fiscal) to investigate whether collusion or agreement exists between the parties. The public prosecutor usually requires the parties to appear during the scheduled hearing for investigation. But in exceptional circumstances, the appearance of counsel is already sufficient.

The Court may also Order the public prosecutor to investigate when respondent admitted his/her psychological incapacity in the Answer.

The Petition shall be dismissed by the Court if collusion exists.

5. Referral of the case for case study to a social worker (optional)

Before Pre-trial, the Court may, at its option, refer the case to the social worker for case study. And whenever necessary, the Court may also Order the referral of the case to a social worker at any stage of the proceedings. This holds true if custody issues of minor children are included in the Petition.

6. The Court sets the case for Pre- Trial conference

This is mandatory. On motion of parties or at its own initiative, the court shall set the case for 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.

The Notice of Pre-trial shall also direct the parties to submit their respective pre-trial briefs at least three days before the date of pre-trial conference. The Notice shall also be served to the respondent spouse even if he/she does file an Answer.

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; © 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.

The case shall be dismissed if the Petitioner fails to file a pre-trial brief. unless he/she or his counsel gives a valid excuse for non-submission of pre-trial brief.

7. Pre-Trial Conference

The appearance of the parties in the pre-trial conference is mandatory. The case shall be dismissed if the Petitioner fails to appear in the pre-trial conference., unless his/her counsel or a duly authorized representative appears in court and proves a valid excuse for the non-appearance of the petitioner. If respondent 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/her non-appearance is due to any collusion or agreement between the parties. If there is no collusion or agreement, 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.

In the pre-trial conference, the Court shall consider the advisability of receiving the doctor’s testimony and such other matters as may aid in the prompt disposition of the petition.

8. Referral to the Mediator (optional)

A the pre-trial conference, the Court 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. In case mediation is not availed of by the parties or if it fails, the court shall proceed with the pre-trial conference.

9. Termination of Pre-Trial Conference and Pre-Trial Order

Upon termination of the pre-trial conference, the Court shall issue an Order of pre-trial which shall recite in detail the matters taken up in the conference, the action taken thereon, the amendments allowed on the pleadings, 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.

10. Trial Proper

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. 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. 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. 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.

In the trial, it is appropriate to present the testimony of the doctor to prove the existence of psychological incapacity.

The trial shall proceed even if the respondent does appear, provided that the findings of public prosecutor says that the there is NO collusion or conspiracy that exist between the parties. In which case, the Court shall Order the public prosecutor to intervene for the State to prevent suppression or fabrication of evidence and case shall be tried solely on the evidence presented by the Petitioner.

Bear in mind that the processing time will be substantially reduced if the respondent spouse will not contest the Petition.

11. Submission of Memoranda

After the presentation of evidence, the court may require the parties and the public prosecutor, in consultation with the Office of the Solicitor General, to file their respective memoranda in 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.

12. Decision

The Court may either grant or deny the Petition. If the Court grants the Petition, a decree of annulment shall be issued after finality of the decision. However, when there are properties of the spouses involved, the decree of annulment shall be issued by the court only after the properties shall have been Liquidated, Partitioned and Distributed.

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.

13. Motion for Reconsideration

A party aggrieved by the granting or denial of the Petition may file a Motion for Reconsideration within fifteen days from Notice of the Decision. The public prosecutor may also file a Motion for Reconsideration from the Decision granting the Petition.

14. Appeal

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.

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.

15. Finality of the Decision

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. Upon the finality of the decision, the court shall forthwith issue the corresponding decree if the parties have no properties.

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.

16. Issuance of the Decree of Annulment

The Decree of Annulment shall be issued after the proof of registration of the entry of judgment 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.

[ginapeterb]

SOLUTIONS FOR PETITIONERS WORKING OVERSEAS


Q. I am planning to file an annulment case but I would like to know if my marriage was recorded. How will I do this?

You can check with the Local Civil Registrar of the place where where your marriage was solemnized. You can also go directly to the NSO at East Avenue, Quezon City. You can also request for a copy of your marriage contract on-line through NSO website here.

Q. Can I file the Petition for Annulment of Marriage even if I am working or residing overseas?

Yes. The New Rule allows a Petitioner who is currently residing overseas to file the Petition in the Philippines.

Q. If this is so, how do I file the Petition?

You must engage your lawyer, who will send you a copy of the Petition by e-mail. You can download the Petition in word format and print copies and sign it afterwards. After signing the Petition, you have to have this notarized and authenticated at the nearest Philippine Embassy in your area. The Philippine Embassy is at 9a Palace Gate, London W8 4QE, 0207 361 4641, After the Petition has been authenticated, send it back to us preferably by courier for filing with the court.

Q. Where do we file the Petition?

The petition shall be filed in the Family Court of the province or city where you or your spouse has been residing for at least six (6) months prior to the date of filing of the Petition, or in the case of a non-resident respondent-spouse, where he/she may be found in the Philippines. But you still have the option to file it at the place of your residence.

Q. What if my husband is outside the country or cannot be found in the Philippines. How do we go about it?

Your Petition needs to be published in the newspaper of general circulation once a week for three consecutives weeks. This is necessary so that the Court can acquire jurisdiction over the person of your husband and the petition can proceed even in his absence.

Q. Do I need to come home to attend the trial?

Yes, you have to come home to attend the trial especially during the pre-trial conference. Your Petition will be dismissed if you fail to attend the pre-trial conference. However, your non-appearance during pre-trial conference will be excused if you can give a valid reason like sickness.

Q. What are the stages of the trial where my presence in Court is necessary?

Your presence in court is absolutely necessary during pre-trial conference and during the time when you have to give your oral testimony. So it appears that you have to appear in Court at least twice.

Q. It is very difficult for me to leave my work, not to mention that it is also too expensive to come home just to attend the hearing on my Petition. Is there a way for me not to attend the trial?

None. You have to attend the trial. But we can try to schedule your testimony immediately after the pre-trial conference. This will minimize your travel expenses because you only have to come to the Philippines at least once.

Q. If I am the one filing the Petition, do I still need to take a psychological test?

Yes, you have to take the test because the psychological report is the very foundation of your Petition. In the psychological test, our resident psychologist will determine the psychological incapacities of your husband or as the case may be, your psychological incapacities. We usually recommend that you take the test prior to the filing of the Petition.

Q. Do I need to come home just to take the psychological test?

No.You need not come home to take the test. For purpose of filing the Petition, our resident psychologist will take your psychological testing on-line or through the internet. You will undergo a confirmatory test when you are already here.

Q. Is there a guarantee that my marriage will be annulled if I file the Petition?

No, there is no guarantee. The success of your Petition will always depend on the strength of evidence that we will present in Court.

Q. How do I track down the status of my case once it is already filed?

Most Firms have an on-line client extranet. Your case is on a database. You can track down the status of your case at a secured extranet anytime, anywhere using your username and password. You can also download filed copies of your Petition and other court documents in the database, consult your Lawyer about this.

Q. Are there any other concerns that I have to consider?

You have to further consider the custody and support of your children and separation of your absolute community properties, if any.

Q. Can I file a divorce case in the United Kingdom ?

Yes, you can but it will not be valid here in the Philippines. Our laws do not recognize foreign divorce instituted by Filipino citizens. You still have to file an annulment case before Philippine courts to annul your marriage.

Q. I am Now a British Citizen. I have an existing marriage with a Filipino in the Philippines. I wanted to end the marriage already. Do I need to file a Petition for Annulment before Philippine Courts?

No need to file the case. You can file a Divorce in the United Kingdom. instead. The Divorce decree will also be recognized in the Philippines allowing your Filipino husband to re-marry. The pertinent law is Article 26 of the Family Code.

[ginapeterb]

DIVORCE OBTAINED BY FORMER FILIPINO CITIZENS ABROAD

Q. I am a former Filipino citizen. I got married, also to a Filipino Citizen, in a church wedding in Manila on April 09, 1995. I migrated to the United Kingdom sometime in October 1996. I became a naturalized British Citizen in 2004. I divorced my Filipino wife after I became a British citizen. Do I still need to file a Petition for Annulment of Marriage before Philippine Courts?

No. There is no need to file the Petition. The Divorce that you obtained in UK was valid and recognized in Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued. This issue was already settled by the Supreme Court in LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000. This will also entitle your ex-wife to marry again.

Q: What if my ex-wife, who is a Filipina, was the one who a obtained a Divorce before UK Courts Is the Divorce valid? Is she entitled to remarry under Philippine Law?

No. The Divorce obtained by your Filipina wife is not valid. She
is not entitled to remarry because the Divorce which was obtained by her before UK Courts is not recognized under Philippine Law. As a Filipino citizen, the Family Code of the Philippines should be followed on how her marriage will be dissolved.

Q: I am a Filipino Citizen residing in the Philippines, I found out that my wife who went to work in the United Kingdom has a British man with whom she is conducting an affair, she has recently acquired indefinate leave to remain and is a UK Resident, recently, she obtained a Divorce in Britain. Is the Divorce valid under Philippine Law?

No. The Divorce is not valid under Philippine Law. Your Wife is still a Filipino citizen even though she has a legal permanent status in the United Kingdom,. As a Filipino citizen, the Family Code of the Philippines should be followed on how your marriage will be dissolved.


Petes Commentary

We can see from the above E mails that I responded to on advice of a anulment attorney are typical of some of the e mails that I receive on a daily basis, as far as the Philippines authorities are concerned, the key ingredient here is citizenship.

If a Filipina comes to UK and meets a British man, and co habits, she may be leaving herself open to be the respondent in a petition for a legal anulment by her husband, on the grounds that she is not fulfilling the obligations of marriage, if she then tries to divorce in a UK court, it may be valid in the United Kingdom if she tries to re-marry here in the UK, however, the divorce would n ot be recognized in the Philippines, as the Filipina is still subject to Philippine Laws, even though resident of another country, the only way the divorce would be recognized by the Philippine Authorities, is if the Filpina acquires naturalization of British Nationality, then as a British Citizen her divorce would be recognized, and incidentally her Filipino Husband would also be free to re-marry should he choose to.

For Filipino Citizens the only way to dissolve marriages to Filipino Citizens, is by adhereing to the procedures for dissolving marriages that took place in the Philippines.

I hope this helps, Im sure it will be the subject of much discussion, if anyone wants to bring any points forward please do so in a constructive manner, no jokes please, this subject matter is serious. Many thanks

[Admin]

Your bloody marvellous, THANKS. :) All you do now is post the link when replying to all those annoying emails :)

[ginapeterb]

Originally posted by admin@Jan 6 2006, 08:37 AM
Your bloody marvellous, THANKS. :) All you do now is post the link when replying to all those annoying emails :)

Quoted post



Correct Keith, now you see why i did it hehehehehe took time but is worth it, and our lawyer freind is really helpful, Ive just had an email from the Philippines that reads this:

Hello Pete, Thanks for all the advice you have been giving me, I live in Manila, and have not lived in UK for 5 years, I have a good job here with a UK Company, I met and married my wife in 1995, whilst working here, we have one child, sadly, she has changed and spends my salary before I earn it, I couldnt wait to get away from her, and finally did so this year, I am living alone, and provide for our child, but not for her, I want to get a Legal Anulment from her, but the process takes forever, I have since found a nice lady freind, who as yet does not live with me, but I want to ask her to live with me, is it possible I could hire you to do the anulment for me ?

Sadly the answer to this is no,

1.I am not a Philippine Anulment Attorney

2. I design bathrooms for a living.

I am just a regular guy with a Filipino wife, what do I know ??


Hence the Link is here for all to read for themselves.

[Admin]

I am just a regular guy with a Filipino wife, what do I know ??
Obviously a lot more than our 'back in the community' embassy staff :)

:wub: ...and that comment will appear on Google :lol: :lol:

[bobfe]

I think that its worth pointing out here that the annulment process described above is different from what i found out about getting my marriage to my wife annuled by the catholic church. So, if you want to do that you need to consider the matter separately.

For example i found out that one reason a catholic marriage can be annulled is if eaither party had no interest in having children at the time of the marriage.

Bob Draper

[francesca]

AS I understand pete, that if a filipino wanted to get an annulment, just have to wait his/her new citizenship and voila, If all things done,(new citizenship granted) divorce the wife or husband in phils and get another one(remarry)?

Thats easy then...

Imagine, Amy Perez or Szasza Padilla had been denied of annulment in phils, then reside abroad,change citizenship, get a divorce in ex: UK or France, and get rid of the filipino husband?

Wow, thats great news, haha! Amy can marry someone else (filipino or not) and Sza sza Padilla can marry Dolphy...

[ginapeterb]

Bonsoir Madame Francesca, ca va ? just to let you know, Gina and i just got back from Paris, as always we enjoyed our little peice of French Culture !, but to answer your post, yes if a Filipino wants a quick out of a marriage, they must be a citizen of another country where divorce is legalized, under that countries laws, say in EEC, however if the Filipino citizen instigated the divorce, they cannot re-marry in the Philippines, they can only do this, if at least one of the parties is a foreigner, in other words, if the divorce was instigated by the foreign spouse, under their countries own laws, then the Filipino citizen is recognized as divorced and annulled under Philippine law, and they can re-marry under Philippine law, but the spouse who is Filipino must not instigate a divorce in a foreign country, if they do so, the Philippine Embassy in that country does not have to change their name to that of the male spouse.

Au Revoir...

Gin et Pete

[francesca]

Pete, good, you visit Paris again and can practice your Bonjour et Merci, Au Revoir, haha. Your Paris trip must be a continuance of a never ending honeymoon!
Got something here about the topic:

http://philsfamilyjurisprudence.blogspot.com/

It is a story of both filipino married in phils, then the wife went to US, filed a divorce, marry a US citizen, become US citizen,but do not free the poor filipino husband to remarry.

According to Article 26, paragraph 2 of the Family Code of the Philippines –Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.

Court decision says:

By its plain and literal interpretation, the said provision cannot be applied to the case of respondent Crasus and his wife Fely because at the time Fely obtained her divorce, she was still a Filipino citizen. Although the exact date was not established, Fely herself admitted in her Answer filed before the RTC that she obtained a divorce from respondent Crasus sometime after she left for the United States in 1984, after which she married her American husband in 1985. In the same Answer, she alleged that she had been an American citizen since 1988. At the time she filed for divorce, Fely was still a Filipino citizen, and pursuant to the nationality principle embodied in Article 15 of the Civil Code of the Philippines, she was still bound by Philippine laws on family rights and duties, status, condition, and legal capacity, even when she was already living abroad. Philippine laws, then and even until now, do not allow and recognize divorce between Filipino spouses. Thus, Fely could not have validly obtained a divorce from respondent Crasus.


I think, amy perez can file a divorce and remarry, but not free her husband for any divorce amy perez filed. Same with Zsa Zsa, as they are both STILL FILIPINO, when they file their annulment. Dont know if I am correct here, hehe.


To summarize,(I think ) its better to wait new citizenship before filing divorce/annulment isnt it? hehehe!

[ginapeterb]

Oui Madame, as usual you are right !, that person was still Filipino, but tried to get around Philippine family code, as they were Filipino citizen at time of divorce petition in U.S.A. it was not recognized in Phils.

And yes, it was great practicing my Francais yet again !, its the old story, when in Paris do as the Parisiennes do ! its amazing how much your school French comes back to you the minute you step back into France, hehehehehehehe, but yes I enjoyed getting back into the French language, thanks for that.

[francesca]

I got my annulment granted april 2004, after 11 months of filing, attend all trials in court, my ex didnt. My lawyer is very good, honest, and knows annulment by heart.No lost case. She even summoned the Personnel Manager of Mercury Drug Main Branch to testify in my case, haha.

If anybody want FREE legal advice,as she gives free to Asawa Members also, you may visit her website:


http://www.visaandimmigrationassistance.com/
http://philippinelegalservices.com/

Her chat room:
http://www.madpinoy.com/perm_pages/legal.html

bon chance to all!

[raindear26]

my mother got her annullment in just a month or less.. i couldn't believe but it's true... i first applied for my divorce and she got her annullment first.

[dee]

Hi. I am new to this site. Although I am not living anywhere near UK,I found this site very interesting.:Hellooo:

[katie37pinayuk]

im hesitant to start a thread. but whilst looking for a related discussion, i found this - in such case where husband and wife married in the Philippines, both still filipino citizens but residingi n the UK - where is the venue to file an annulment? how do the petitioner go about it?

any help/advise is greatly appreciated.

[keithAngel]

im hesitant to start a thread. but whilst looking for a related discussion, i found this - in such case where husband and wife married in the Philippines, both still filipino citizens but residingi n the UK - where is the venue to file an annulment? how do the petitioner go about it?

any help/advise is greatly appreciated.

cant answer the second but the first is the Fils:xxgrinning--00xx3:

[alliah]

im hesitant to start a thread. But whilst looking for a related discussion, i found this - in such case where husband and wife married in the philippines, both still filipino citizens but residingi n the uk - where is the venue to file an annulment? How do the petitioner go about it?

Any help/advise is greatly appreciated.

if both are filipino citizen and the marriage happen in the phil you have to file it in the philippines. Usually according to them u have to file it to where you are residing. But if you want to have it in a month, 3 or 6months find a lawyr wer they can accommodate your request.

[IainBusby]

if both are filipino citizen and the marriage happen in the phil you have to file it in the philippines. Usually according to them u have to file it to where you are residing. But if you want to have it in a month, 3 or 6months find a lawyr wer they can accommodate your request.

Or go for "Pesumptive Death" instead, most smart lawyers in Phills can manage this for you even if the ex is still alive and well.

[Tawi2]

Very perceptive of you Ian :xxgrinning--00xx3: I know someone who has just had documentation that their ex is dead,even though he lives several doors away from her parents :icon_lol:

[Ady]

:icon_lol:

However, what would happen if, for argument's sake, the husband that was presumed dead came knocking on the door with a policeman claiming he was still alive, and that his wife had now committed adultery?

[IainBusby]

:icon_lol:

However, what would happen if, for argument's sake, the husband that was presumed dead came knocking on the door with a policeman claiming he was still alive, and that his wife had now committed adultery?

He couldn't just come knocking on the door, he would have to hire himself a lawyer and go to court to contest the ruling and in 99% of cases like this, the ex has moved on and has either married again bigamiously, or is shacked up with another woman somewhere else anyway.

Most of the time the only reason they haven't filed for annulment is because they don't want to spend the money and if they did learn that they were no longer married, they would probably be quite chuffed about it.

Having said all that, if the ex did find out and took it to court, then he would then be regarded as the legal husband. But in practise philippines law is very vague about what would happen then, it seems they either don't expect that ever to happen, or they just can't be bothered to legislate for this sort of outcome.

This is only ever likely to be a problem if the couple in question intend to live in the Philippines permanently. But if the couple come and live in the UK for long enough for the wife to get at least ILR, or better still British citizenship, then I don't think it would be a major concern in the long run.

Iain.

[johncar54]

:icon_lol:

However, what would happen if, for argument's sake, the husband that was presumed dead came knocking on the door with a policeman claiming he was still alive, and that his wife had now committed adultery?


If that happened in the UK, the original couple would still be married but the new couple would not have committed any criminal offence. They of course would have declared the situation when they applied for the 'new' marriage licence. Had they lied of course they could be prosecuted for making a false statement.

To sort it out, the original couple would need to get a divorce and the new couple would need to marry again. If the first partner, who had been considered dead, objected to the divorce, they would need to have a very good argument to convince the judge that they had not deserted their partner and thus the divorce would normally be granted.

[alliah]

Or go for "Pesumptive Death" instead, most smart lawyers in Phills can manage this for you even if the ex is still alive and well.

its not wise to go on with "PRESUMPTIVE DEATH", u might even get sued by your husband, presumptive death maybe applicable if both of you are willing to annull the marriage. then why not go on for psychological incapacity. that is the most in nowadays.

[eagles]

:xxgrinning--00xx3: presumptive death.. Thanks for the info Ian... I had read our Civil Law and the Family, such option entails few documentations and cost ..than having to annul it ( some phil lawyers can be greedy when you talk with them about annulment) Any pro bono lawyers???

[IainBusby]

:xxgrinning--00xx3: presumptive death.. Thanks for the info Ian... I had read our Civil Law and the Family, such option entails few documentations and cost ..than having to annul it ( some phil lawyers can be greedy when you talk with them about annulment) Any pro bono lawyers???

It does require a lot less documentation and the cost is far cheaper, it also takes much less time, in our case, about P120,000 and about 6 or 7 months. If the lawyer can be prevented from finding out that a foreigner is involved, it would probably cost a lot less whatever legal process is involved.

The trouble is that because of the high cost of both annulment and presumptive death, the lawyer usually assumes that a foreigner is involved. For that reason, when visiting the lawyer it might be advisable to take along a male cousin or friend who could pretend to be your new bf or fiance, just so that the lawyer doesn't automaticall assume that a foreigner is involved. It could save you a lot of money.

Iain.

[JimOttley]

DIVORCE OBTAINED BY FORMER FILIPINO CITIZENS ABROAD

Q. I am a former Filipino citizen. I got married, also to a Filipino Citizen, in a church wedding in Manila on April 09, 1995. I migrated to the United Kingdom sometime in October 1996. I became a naturalized British Citizen in 2004. I divorced my Filipino wife after I became a British citizen. Do I still need to file a Petition for Annulment of Marriage before Philippine Courts?

No. There is no need to file the Petition. The Divorce that you obtained in UK was valid and recognized in Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued. This issue was already settled by the Supreme Court in LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000. This will also entitle your ex-wife to marry again.

Q: What if my ex-wife, who is a Filipina, was the one who a obtained a Divorce before UK Courts Is the Divorce valid? Is she entitled to remarry under Philippine Law?

No. The Divorce obtained by your Filipina wife is not valid. She
is not entitled to remarry because the Divorce which was obtained by her before UK Courts is not recognized under Philippine Law. As a Filipino citizen, the Family Code of the Philippines should be followed on how her marriage will be dissolved.

Q: I am a Filipino Citizen residing in the Philippines, I found out that my wife who went to work in the United Kingdom has a British man with whom she is conducting an affair, she has recently acquired indefinate leave to remain and is a UK Resident, recently, she obtained a Divorce in Britain. Is the Divorce valid under Philippine Law?

No. The Divorce is not valid under Philippine Law. Your Wife is still a Filipino citizen even though she has a legal permanent status in the United Kingdom,. As a Filipino citizen, the Family Code of the Philippines should be followed on how your marriage will be dissolved.


Petes Commentary

We can see from the above E mails that I responded to on advice of a anulment attorney are typical of some of the e mails that I receive on a daily basis, as far as the Philippines authorities are concerned, the key ingredient here is citizenship.

I think I have just found the answer I have been looking for, for so long :xxgrinning--00xx3:

My partner had already lost her Philippine citizenship when she and her Korean husband got divorced in Korea in 1997 but the divorce was not filed at the Philippine embassy in Seoul at that time.

She returned to Manila in 2000 but as a stateless person, somehow they let her in. She regained her Philippine nationality in 2007 under the repatriation law that allows a Filipino who lost citizenship through marriage to regain their citizenship REPUBLIC ACT NO. 8171

Now that she is back in Korea and has submitted her divorce details through the Philippine embassy in Seoul, I think when she gets her annotated marriage certificate issued by the NSO in a few months back in Manila that she will be free at last!

My reasoning stems from the example you post above - at the time of the divorce she was not a Filipino!

This is a great find, thank you so much, I found this just in time to get Ana to ask some very specific questions on Monday when she visits the Philippine embassy in Seoul :)

Often the problem is that if you don't know what to ask you don't know what people are actually doing for you.

Ana had already asked what the requirements were for divorce at the Philippine embassy in Seoul and they said something about it being no problem for her but we had not made it completely clear to them what we were trying to achieve. They might have just meant it was no problem for her in Korea so she is going back on Monday to ask some detailed questions.

Reading this post has come at exactly the right time as I now know exactly what she needs to ask the Philippine Embassy in Seoul. :xxgrinning--00xx3:


Jim

[jaishann]

A Discussion about Anulment and Legal Separation and the Philippine Family Code

I have decided to write a short peice about matters of Legal Anulment in the Philippines, during the last 6 months, I have been quite suprised by the amount of personal e mails that have been arriving in my website inbox from all over the Philippines, some of them are from British ex-patriates, who are resident in the Philippines, most of them have wifes, and are now with other companiions, they wish to move on with their life, some are from Filipinos who are wanting to marry British Citizens, it amazes me how sometimes they think I can answer their questions, but I decided to make contact with a laywer freind of my wife's who specializes in Family Law in the Philippines, I wanted to write this peice, so thankfully I have all the information I need now to do this, so here it is at last.

I have also included some questions that I get in E mails, to help those who might have similar cases to ask us about here at FilipinoUK.

Philippine Annulment Law Made Easy

ANNULMENT OF MARRIAGE

Annulment is the term given by non-lawyers to all cases of annulment proceedings. But legally speaking, annulment cases are only those petitions with grounds falling under Article 45 of the Family Code. The other process is a Petition to declare absolute nullity of marriage or simply a petition for nullity of marriage which can be found under Article 35 (Absence of Formal and Essential Requisites of Marriage), Article 36 (Psychological Incapacity) Article 37 (Incestuous Marriages) and Article 38 (Void by reason of Public Policy) of the Family Code.

Q. What is Annulment of Marriage?

Annulment of Marriage is a Court process in order to annul the marital union between a husband and wife. Annulment of marriage presupposes that the marriage was valid from the beginning and remains valid until annulled by the Court.

Q. What are the grounds for annulment? Is there a time limit for this?

Marriages can be annulled by the court on the following grounds:

1. Either party was eighteen (18) years of age but below twenty-one (21), and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party. You can only file the Petition within five (5) years after reaching the age of twenty-one. But you cannot anymore file the Petition if you have freely cohabited with each other as husband and wife after you reach the age of twenty-one. Your parent/s or guardian can also file the Petition anytime before you reach the age of twenty-one.

2. Either party was of unsound mind at the time of marriage. You may file the Petition anytime before the death of your husband or wife. But for instance, you freely cohabited with each after he/she came to reason, under this circumstance, you are already precluded by law from filing the Petition.

3. The consent of either party was obtained by fraud. You can file the
Petition within five years after the discovery of the fraud, provided that
you did not freely cohabit with your husband or wife after your full
knowledge of the facts constituting the fraud. Sounds tricky?

4. The consent of either party was obtained by force, intimidation or undue influence or otherwise known as “shotgun marriage”. You can file the Petition within five years from the time the force, intimidation, or undue influence disappeared or ceased. However, you are already barred from filing the Petition if you have freely cohabited with your husband or wife knowing that the force or intimidation had already ceased.

5. Either party was a sexual impotent or physically incapable of engaging in sexual intercourse and such incapacity continues and appears to be incurable. You can file the Petition within five (5) years after marriage.

6. Either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. You can also file the Petition within five (5) years after marriage.

Q. What are the kinds of fraud which constitute the ground for annulment?

The kinds of fraud that will give ground for annulment are as follows:

1. Non-disclosure of a previous conviction by final judgment of the
other party of a crime involving moral turpitude;

2. Concealment by the wife of the fact that at the time of the marriage,
she was pregnant by a man other than her husband;

3. Concealment of sexually transmissible disease, regardless of its
nature, existing at the time of the marriage; or

4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

Q. My wife fooled me into marrying her. Prior to our marriage, she told me that she is a doctor and no sexual experience After our marriage, I found out the truth that she is not what she claims to be. Can I file a Petition for annulment on the ground of fraud?

We truly understand your feelings but misrepresentation
or deceit as to character, health, rank, fortune or chastity do not constitute fraud as ground for annulment. Perhaps, you can explore the possibility to declare your marriage void on other grounds such as the psychological incapacity under Article 36 of the Family Code.

Q. Where can I file the Petition for Annulment?

You can only file the Petition for Annulment in the place of your residence or the place of residence of your husband or wife.

Q. I would like to file the Petition in Cebu but I do not have residence
there yet. My husband is not also living there. But I will be accepting
a job as call center manager in Cebu a month from now. Can I file the Petition in Cebu?

Yes, you can file the Petition in Cebu but you have to establish residence in Cebu for a period of at least six (6) months prior to the filing of the Petition. This can be arranged because you will be relocating there for your new job assignment.

DECLARATION OF NULLITY OF MARRIAGE

A petition to declare the marriage void presupposes that the marriage was void or invalid from the beginning. Legally, it can be said that the marriage did not even exist. But there are so many questions about this issue like, do you need to file the Petition if your marriage did not even exist from the beginning? The answers that you have been looking for can be found below.

Q. What are the grounds to declare the marriage void?

The grounds to declare the marriage void are as follows:

1. Those contracted by any party below eighteen years of age even
with the consent of parents or guardians;

2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

3. Those solemnized without license unless exempted by law.

4. Those bigamous or polygamous marriages.

5. Those contracted through mistake of one contracting party as to the identity of the other;

6. Assuming that you caused the annulment of your first marriage. However, you get married immediately without waiting for issuance of the Final Decree of Annulment. Your second marriage can also be voided by the Court.

7. Psychological Incapacity of the husband or wife, existing at the time of marriage, which prevents him or her from complying with the essential marital obligations of marriage, even if such incapacity becomes manifest only after the solemnization of the marriage.

8. Incestuous Marriages (between ascendants and descendants; between brothers and sisters whether full or half blood).

9. Marriages between relatives:

a. between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;

b. between step-parents and step-children;

c. between parents-in-law and children-in-law;

d. between the adopting parent and the adopted
child;

e. between the surviving spouse of the adopting
parent and the adopted child;

f. between the surviving spouse of the adopted
child and the adopter;

g. between an adopted child and and a legitimate
child of the adopter;

h. between adopted children of the same
adopter;

i. between parties where one, with the intention to
marry the other, killed the other person’s
spouse, or his or her own spouse.


Q. I just found out that my husband was married before and I have obtained a marriage contract from the NSO to prove this. It was also confirmed when I confronted my husband about this. Do I still have to file a Petition? Can I also file a criminal case against my husband? Can his ex-wife file a criminal case against me? What is my defense, if any?

Although your marriage was void from beginning, the law still requires you to obtain a declaration of absolute nullity of your marriage by filing a petition in court. Yes, you can also file a criminal case for Bigamy against your husband. Yes, his ex-wife may file a criminal case for bigamy against you and your husband. But your defense is lack or absence of knowledge regarding his prior marriage or absence of criminal intent.

Q. What happens if I will get married without having my first marriage declared void?

Your second marriage will be invalid for being bigamous. The sad thing is, you will be facing another criminal case for bigamy
in so far as your second marriage is concerned.

Q. Is there a time limit for me to file a Petition to declare the marriage void?

The action to declare the marriage void shall not prescribe. Meaning, you can file the petition anytime during your lifetime.

Q. My lawyer told me that my second marriage was void from the beginning. I totally disagreed because the Court has already issued a Decision declaring my first marriage void from the beginning. I also showed him the Court Decision and an Entry of Judgment from the same Court. But my lawyer still insists that my second marriage was void because I failed to obtain a final decree of annulment from the Court? Is my lawyer correct?

Yes, your lawyer is correct. It appears to us that you have not completed the process before you can validly contract a second marriage. You should have brought the Court Decision and Entry of Judgment for recording at the Local Civil Registrar where your first
marriage was recorded. After the recording, you should have gone back to the Court to show proof that the Court documents were already recorded in the Local Civil Registrar. The Court will then issue a Final Decree of Annulment. Since you failed to follow this process, your second marriage is void.

Hi Pete,

Thank you for the information I have read most of them that I need to know but I am not quite sure if i did miss something out. My question is relating to Judicial Declaration of Nullity of Marriage.

I have applied for Judicial Petition for Declaration of Nullity of Marriage was declared Null and Void, (He was previously married) making the children Illegitimate. By law, should there be a stipulation about the children's custody if they were born out of wedlock?

[Florge]

sorry... but just to clarify, presumptive death is not a ground for annulment of marriage. Presumptive death is a petition you file in court for purposes of remarriage.

Presumptive Death for Purposes of Remarriage

Art. 41 of the Family Code, provides that:

A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead.

But if you have doubts as to his existence, the Family Court provides another remedy. It is called a petition for presumptive death for purposes of remarriage. This is only applicable when you haven't heard of your spouse for four consecutive years and that under existing conditions, you believe that he or she is already dead. Only two years is required in case of disappearance where there is a danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, like when the spouse is on board a missing airplane or vessel.

For the purpose of contracting the subsequent marriage, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

[Florge]

Hi Pete,

Thank you for the information I have read most of them that I need to know but I am not quite sure if i did miss something out. My question is relating to Judicial Declaration of Nullity of Marriage.

I have applied for Judicial Petition for Declaration of Nullity of Marriage was declared Null and Void, (He was previously married) making the children Illegitimate. By law, should there be a stipulation about the children's custody if they were born out of wedlock?

Under Family code, title VI, article 176:

Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.(As amended by Republic Act 9255, approved February 24,2004.)

[Florge]

im hesitant to start a thread. but whilst looking for a related discussion, i found this - in such case where husband and wife married in the Philippines, both still filipino citizens but residingi n the UK - where is the venue to file an annulment? how do the petitioner go about it?

any help/advise is greatly appreciated.

venue for annulment is in the Philippines.. how to go about it? file in a philippine court... would be more expensive as petitioner has to come back to the philippines to attend trial.

[jaishann]

Or go for "Pesumptive Death" instead, most smart lawyers in Phills can manage this for you even if the ex is still alive and well.

:)..you are absolutely right

[ticker]

hi raindear26, wow, your mother's annulment was quick, who was her lawyer? how much did it cost her? my girlfriend as been quoted 150 thousand pesos and will take up to 12 months to complete, is this the going rate and time wise?

[myrna]

hello can u help me to find the best way how to get a visa in ireland? i

[darren-b]

hi raindear26, wow, your mother's annulment was quick, who was her lawyer? how much did it cost her? my girlfriend as been quoted 150 thousand pesos and will take up to 12 months to complete, is this the going rate and time wise?

raindear26 hasn't been active since june 08, so I doubt you'll get a reply from her.

Going by what others have said PHP150K and up to 12 months is fairly normal - some have taken longer and cost a lot more.


hello can u help me to find the best way how to get a visa in ireland? i

Marry someone already living in Ireland is the easiest way. Or are you are work visa?

[pinay4uk]

Pete, good, you visit Paris again and can practice your Bonjour et Merci, Au Revoir, haha. Your Paris trip must be a continuance of a never ending honeymoon!
Got something here about the topic:

http://philsfamilyjurisprudence.blogspot.com/

It is a story of both filipino married in phils, then the wife went to US, filed a divorce, marry a US citizen, become US citizen,but do not free the poor filipino husband to remarry.

According to Article 26, paragraph 2 of the Family Code of the Philippines –Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.

Court decision says:

By its plain and literal interpretation, the said provision cannot be applied to the case of respondent Crasus and his wife Fely because at the time Fely obtained her divorce, she was still a Filipino citizen. Although the exact date was not established, Fely herself admitted in her Answer filed before the RTC that she obtained a divorce from respondent Crasus sometime after she left for the United States in 1984, after which she married her American husband in 1985. In the same Answer, she alleged that she had been an American citizen since 1988. At the time she filed for divorce, Fely was still a Filipino citizen, and pursuant to the nationality principle embodied in Article 15 of the Civil Code of the Philippines, she was still bound by Philippine laws on family rights and duties, status, condition, and legal capacity, even when she was already living abroad. Philippine laws, then and even until now, do not allow and recognize divorce between Filipino spouses. Thus, Fely could not have validly obtained a divorce from respondent Crasus.


I think, amy perez can file a divorce and remarry, but not free her husband for any divorce amy perez filed. Same with Zsa Zsa, as they are both STILL FILIPINO, when they file their annulment. Dont know if I am correct here, hehe.


To summarize,(I think ) its better to wait new citizenship before filing divorce/annulment isnt it? hehehe!


Hi! I would just like to know if such a case that a Filipina can go to US and get married there without annulling her marriage here, will that work in UK too? I mean as far as I know once married here and will get married there in UK without annulling her marriage here even was able to get divorce there, such a Filipina involved will still have problem since once she applied for a spousal visa she has to show CENOMAR or show evidence of nullity of marriage here right?or will the divorce she filed there will be ok? i am just confused....

[RickyR]

It becomes very complex, but yes the difficult part is getting the spousal visa without a CENOMAR. Honestly, it would be sensible to get married whilst your still married in the Philippines. The Philippines doesn't recognise an overseas divorce either. I personally wouldn't have married someone who was still married in the Philippines, even if I could, because it would leave you wide open.
I know the annullment is a long process, but its worth it. My wife got an annullment, and it was a hell of an ordeal, but everything is legal and easy now.

[sars_notd_virus]

The Philippines doesn't recognise an overseas divorce

The Philippines recognises foreign divorce as long as the divorce is properly done in legal way (divorce decree), it is usually filed in Regional Trial Courts in the Ph.

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

[sars_notd_virus]

Hi! I would just like to know if such a case that a Filipina can go to US and get married there without annulling her marriage here, will that work in UK too?.

No , you need to have Decision and Finality of Annulment before you marry in the US or the UK.
Once you got the Decision/Finality of annulment papers it will be annotated on your NSO Marriage certificate , this documents is very important to show any embassy that the previous marriage is nulled and void,...the previous marriage will still appear in the NSO if applied Cenomar but the annotated copy will support the documents and is free to marry again.