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Thursday, January 29, 2009

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 non-resident 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 children’s 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.

... It is also advisable to always coordinate and get in touch with our Family Lawyer for proper guidance and information.

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