What are the grounds for annulment?

1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the
marriage was solemnized without the consent of the parents/guardian. However, the marriage is
validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as
husband and wife.
2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind,
unless such party after coming to reason, freely cohabited with the other as husband and wife.
3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife.
Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a
crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually
transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv)
concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the
time of the marriage. However, no other misrepresentation or deceit as to character, health, rank,
fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of
marriage.
4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these
means, except in cases wherein the force, intimidation or undue influence having disappeared or
ceased, the complaining party thereafter freely cohabited with the other as husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears to be incurable. Impotence is
different from being infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease
found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still
constitute fraud (see No. 3 above).

What are the grounds for declaration of nullity of marriage?

1. Minority (those contracted by any party below 18 years of age even with the consent of parents or
guardians).
2. Lack of authority of solemnizing officer (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. Absence of marriage license (except in certain cases).

4. Bigamous or polygamous marriages (except in cases where the other spouse is declared
as presumptively dead).
5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of
the other).
6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before
entering into the subsequent marriage, failed to record with the appropriate registry the: (i) partition
and distribute the properties of the first marriage; and (ii) delivery of the childrens presumptive
legitime.
7. Incestous marriages (between ascendants and descendants of any degree, between brothers and
sisters, whether of the full or half blood).
8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate
or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and
children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting
parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an
adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and
(ix) parties where one, with the intention to marry the other, killed that other persons spouse, or his
or her own spouse.
9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage,
contemplates downright incapacity or inability to take cognizance of and to assume the basic marital
obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant
spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility,
physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by
themselves, also do not warrant a finding of psychological incapacity. We already discussed
the guidelines and illustrations of psychological incapacity, including a case involving habitual lying,
as well as the steps and procedure in filing a petition.
Please note, however, that there are still other grounds to declare a marriage as null and void.

ANNULMENT PROCEDURE IN THE PHILIPPINES

Below are the Annulment Procedures under the Rules on Declaration of Absolute Nullity of
Void Marriages and Annulment of Voidable Marriages which my Lawyer has discussed with me
during the Petition of my annulment.
1. Preparation and filing of the petition.

The petition may be filed, at the option of the spouse who filed it (called the petitioner), in the
Family Court of the province or city where the petitioner or the other spouse (called the
respondent) resides for the last six months prior to the date of filing, or in the case of a nonresident respondent, where he/she may be found in the Philippines.
An Overseas Filipino Worker (OFW) may file the petition even while abroad. Incidentally, upon
filing of the petition or anytime thereafter, the court may issue provisional and protective orders.
2. Service of Summons.
This is giving notice to the respondent. Where the respondent cannot be located at the given
address or the whereabouts are unknown and cannot be ascertained by diligent inquiry, service
of summons may be done by publication. This is crucial because the court cannot validly
proceed without service of summons.
3. Answer.
The respondent must answer within 15 days from service of summons (or within 30 days from
the last issue of publication in case of service of summons by publication). Unlike in civil cases,
the respondent in annulment proceedings is not declared in default if no answer is filed, but the
public prosecutor shall be ordered to investigate whether collusion exists between the parties.
4. Investigation report of public prosecutor.
The public prosecutor prepares a report on whether there is collusion between the parties. If the
court is convinced that collusion exists, it shall dismiss the petition; otherwise, the court shall set
the case for pre-trial conference. The Rules dispensed with the requirement, as provided in
Molina, that the Solicitor General issue a certification stating his reasons for his agreement or
opposition to the petition.
5. Pre-trial conference.
During the mandatory pre-trial conference, the court and the parties deal with certain matters,
such as stipulation of facts, for the purpose of expediting the proceedings. The petition may be
dismissed if the petitioner fails to appear during pre-trial. At this stage, the court may also refer
the issues to a mediator who shall assist the parties in reaching an agreement on matters not
prohibited by law (no compromise allowed in civil status of persons, validity of marriage or of
legal separation, grounds for legal separation, jurisdiction of courts, and future support and
legitime). The court may also require a social worker to conduct a case study and submit a
report at least 3 days before the pre-trial conference, or at any stage of the case whenever
necessary.
6. Trial.
This is the stage where the ground for annulment is proved and opposed. 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.
7. Decision.
After the trial proper, the court renders its decision, which is different from the Decree of

annulment. A decision, whether granting or dismissing the petition, becomes final upon the
expiration of 15 days from notice to the parties.
8. Appeal.
The aggrieved party or the Solicitor General may appeal from the decision within 15 days from
notice of denial of the motion for reconsideration or new trial.
9. Liquidation, partition and distribution, custody, support of common children and delivery of
their presumptive legitimes.
These are done upon entry of the judgment granting the petition.
10. Issuance of Decree of annulment.
The court issues the Decree after:
a. Registration of the entry of judgment granting the annulment in the Civil Registry where the
marriage was celebrated and in the Civil Registry of the place where the court is located;
b. Registration of the approved partition and distribution of the properties of the spouses in the
proper Register of Deeds where the real properties are located; and
c. Delivery of the childrens presumptive legitimes in cash, property, or sound securities.
11. Registration of the Decree.
The Decree must be registered in the Civil Registry where the marriage was registered, the Civil
Registry of the place where the court is situated, and in the National Census and Statistics
Office.

My Annulment First Step...

Early morning of February 5, 2007 a friend of mine accompanied me to his Lawyer to introduce
him and discuss also with me all the important matters concerning the above subject. He
enumerated all these information that I should bear in mind before proceeding. These are as
follows:
1. GROUNDS PSYCHOLOGICALLY INCAPACITATED
This is the ONLY one that works. I wont bother explaining why. If one of you is loony then its
unfair for the other one to be in the marriage. But theres a catch to it. It has to be proven that
the lunacy had been there even before the marriage.
2. IT HAS TO BE UNCONTESTED
The reason why annulments drag on is that one party will file a counter affidavit. Because the
Philippine Family Codes mission is to preserve the Filipino family, a counter affidavit is seen
as an indication that the marriage can still be saved. I agreed to cover all expense. Because I
know that he will never admit that he is the cause of the break-up and that he will never agree to
be the loony party, I had to be the respondent to the case and because Im the respondent, I
can guarantee that it will definitely be UNCONTESTED. Now, why would I file a counteraffidavit, right?
3. PROOF THAT THERE WAS NO COLLUSION

The court will want to know that the annulment is not scripted. That is why it is important that the
respondent never show his or her (in my case, my face) in court. They dont want to make it too
obvious that they were not really following proper court procedure.
A lot of things should be done and still need to know and my Lawyer preferred to start my
annulment as soon as possible. He also advised me to remain brave as we go on to this
process.
He then asked me to prepare my Marital History which is one of the requirements for filing,
NSO copy of our birth certificate included my son and NSO copy of our Marriage
Certificate...... ........
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.

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.
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.
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 courts 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; (c) nature of the petition; (d) principal grounds of the petition and the reliefs prayed for; and (e) a
directive for the respondent to answer within thirty days from the last issue of publication.
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.
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.
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; (c) Admitted facts and proposed stipulations of facts, as well as the disputed
factual and legal issues; (d) All the evidence to be presented, including expert opinion, if any, briefly stating or describing
the nature and purpose thereof; (e) The number and names of the witnesses and their respective affidavits; and (f) Such
other matters as the court may require.
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.

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 pretrial 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 doctors testimony and such other
matters as may aid in the prompt disposition of the petition.
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.
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.

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.

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.

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.

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.

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.

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.

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.

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WHAT IS THE PROCESS OF ANNULMENT IN THE PHILIPPINES?

January 24th, 2013

Since there is no divorce law in the Philippines, it is legally necessary that a

previously-married Filipino woman or man, whose spouse is still alive, get a legal
civil annulment in order to marry again.
While we are not lawyers and cannot offer legal advice per se, based on our
research and experience, we want to explain the generally-accepted process of
civil annulment so that you will be prepared when you meet with your lawyer if you
need to pursue this course.

The First step is to hire an attorney. An attorneys packaged acceptance fee typically ranges
from 70,000 pesos ($1750) to 120,000 pesos ($3000). In the Philippines, there are some
people who might promise and offer services, such as a quick annulment of marriage, for an
even larger amount. However, taking such a large risk is ill-advised and may result in a
complete loss of the entire exorbitant sum with little or no actual progress on the legal case.

The time necessary for annulment depends on the talent, connections, and
dedication of the attorney. An uncontested annulment case (in which the spouse
does not show up at all in court) may take 6 months to 4 years to complete
depending on the calendar of the court, the availability of witnesses and other
issues such as custody or property. Cases where the spouse does appear can be
even longer.
Constant communication and follow up are needed for the case to go smoothly
and on schedule.
The second step is writing the required marital history. This is a detailed narrative
of the marriage from the time the two first met through the present. It also includes
the reason for the separation focused on the personality of the couples and
detailing the end the relationship.
The most common grounds for Traditional Annulment and Declaration of Nullity of
Marriage are the following:
1. Minority (those contracted by any party below 18 years of age even with the
consent of parents or guardians).
2. Lack of authority of solemnizing officer (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. Absence of marriage license (except in certain cases).
4. Bigamous or polygamous marriages (except in cases where the other spouse is
declared as presumptively dead).
5. Mistaken identity (those contracted through the mistake of one contracting party
as to the identity of the other).
6. After securing a judgment of annulment or of absolute nullity of marriage, the
parties, before entering into the subsequent marriage, failed to record with the
appropriate registry the: (i) partition and distribution of the properties of the first
marriage; And (ii) delivery of the childrens presumptive legitime.

7. Incestuous marriages (between ascendants and descendants of any degree,

between brothers and sisters, whether of the full or half blood).
8. Void by reason of public policy. Marriages between (i) collateral blood relatives
whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and
step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the
adopted child; (v) surviving spouse of the adopting parent and the adopted child;
(vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child
and a legitimate child of the adopter; (viii) adopted children of the same adopter;
and (ix) parties where one, with the intention to marry the other, killed that other
persons spouse, or his or her own spouse.
9. Psychological Incapacity. Psychological incapacity contemplates downright
incapacity or inability to take cognizance of and to assume the basic marital
obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part
of the errant spouse. Irreconcilable differences, conflicting personalities, emotional
immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual
infidelity or perversion, and abandonment, by themselves, also do not warrant a
finding of psychological incapacity. [Note] the guidelines and illustrations of
psychological incapacity, including a case involving habitual lying, as well as
the steps and procedure in filing a petition.
Most Annulment lawyers in the Philippines commonly use Psychological
Incapacity.
The third step is the psychological evaluation process. This varies from one
psychologist to the next. The lawyer normally would recommend a
psychologist/psychiatrist who will do the evaluation and be a witness in court. The
evaluation may cost from 15,000 pesos to as high as 40,000 pesos. Some charge
additional fees for testifying in court. (Normally, this fee is already included in the
annulment package quoted by the attorney.) The spouse will be asked to join in
the evaluation, but in most instances they do not participate in the evaluation
process. The psychologist will then proceed to do the evaluation based on the
tests and the interviews with the party or parties as well as other relevant
witnesses.
The fourth step is the drafting, then filing, of the petition itself. This is the lawyers
job. After the filing of the petition, which must be signed by the requesting party
(husband or wife), the case will be assigned to a branch of the Regional Trial

Court. The spouse will now be notified by sending papers, called summons,
requiring the spouse to answer the petition within a number of days from receipt of
the notice.
Collusion of marriage (both parties agreed to file an annulment) will also be
investigated, a process wherein a public prosecutor will be assigned to a court and
will be asked to determine if the parties involved are conspiring to file a case.
Collusion mutually agreed-upon separation is not an acceptable condition and
would result in a dismissal of the annulment petition.
After the collusion investigation, a report is prepared by the public prosecutor on
the findings of his investigation. If no collusion is found, the case proceeds to a
pretrial and the spouse will be notified again. If the spouse does not appear, the
court will proceed with the marking of the documents, the determination of the
number of witnesses, and the schedule of the trial. During the trial stage,
witnesses will be called. Normally, the witnesses would be the petitioning party, a
corroborating witness (who knew the couple and what happened to the marriage),
and the psychologist who will testify on the evaluation made. The public prosecutor
representing the government will be allowed to question the witnesses as well.
After the trial and the offer of evidence, the case is then submitted for decision.
(Waiting for decision may take 90 days or more)
Note that the presence of the spouse is not necessary in the process. In most
annulment proceedings, in fact, the other party to the marriage does not
participate at all. This speeds up the process somewhat because if the other party
makes an appearance, then he will likewise be given the opportunity to present
witnesses and evidence.