Thursday, January 29, 2009


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.

Tuesday, January 27, 2009

Q and A ---) Annulment in the Philippines


Q: What documents do I need to submit for the proceeding of my annulment case?
A: You will have to submit the following documents to your Lawyer:
1. An authenticated copy of your marriage certificate (NSO Copy)
2. An authenticated copy of the birth certificates of your children (NSO Copy)
3. Marital History

Q: Can we file for an annulment in the Philippines while working abroad (OFW)or even living abroad?
A: Yes, you can file your annulment while working overseas (OFW)nor living overseas but you have to go back to our Country for the Psychiatrist Evaluation and Pre-trial to testify.

Q: How much does the annulment procedure cost?
A: It cost for about PHP140K Annulment Package for Non-complicated Case - this includes filing, civil registry and NSO Ammendment, non-appearance hearing, psychiatrist, etc. It is also depends mainly on how easy or hard your case is. Complicated Case would be Additional cost.

Q: What is the best city in the Philippines to file my petition of annulment?
A: Some of the annulment cases must be done within the Province Area for fast annulment result. It's came from the other parties who have gone the same procedure as I did last two years.

Q: How long does it take to get an annulment?
A: At least six months... it depends on the procedure how hard or easy your case is.

Characteristic of a Good Attorney-Lawyer-Legal Counsel

The purpose of this column is to improve the relationship between attorneys and clients. I hope that by providing insight into the legal mind, you can establish a more effective relationship with your legal counsel.

The following are my thoughts regarding the characteristics of a good legal counsel:
1. A good attorney is independent. In order for your attorney to be effective, he must be independent from you and from any other entangling alliances which might prevent him from giving a completely candid and objective opinion. If the attorney is afraid of losing your business, it is at least possible that he or she will tailor advice so as to make it more palatable. Even the possibility of that occurrence taints the relationship. Independence is essential.

2. A good attorney is responsive. One of the most common complaints I hear from clients regarding attorneys is their lack of responsiveness. They may fail to return phone calls, or delay in producing necessary correspondence or documents. The hallmark of a good professional is accessibility. Thus, you must be able to get through to your attorney within a reasonable period of time by telephone. Ideally, the attorney will take your call immediately. If he is unable to take your call, he should return it at his earliest convenience. He will also produce documentation as promised and in any event in a timely enough manner for it to be effective and to fill its purpose. If you find your attorney is not responsive, call your dissatisfaction to his attention. If he remains unresponsive, find another attorney.

3. A good attorney is candid. This trait is tied to independence. Attorneys are often bearers of bad tidings, but much like a doctor, a less than honest diagnosis is useless at best and could be dangerous to your welfare. Any doubt in your mind regarding your attorney's candor will compromise the relationship and make you question his judgement.

4. A good attorney delivers solutions. Problem solving consists of two steps:
a. Properly identifying the problem; then
b. Creating the most practical solution.

For an advisor to provide only problem identification without suggesting a solution renders the advice useless. This is probably the second most common complaint I hear from clients regarding attorneys: They fail to offer practical useable ways to solve problems. If you find this trait in your attorney, find another attorney.

5. A good attorney bills fairly. Fair billing consists of billing only for time actually spent (or otherwise in accordance with the applicable fee agreement) but it also includes billing for all time devoted to a client matter. A good attorney will be economic in his application of time to your case, but he will apply all necessary time to the solution of your legal problem. Thus, he should expect to get paid only for the work he actually does (or time he incurs). By the same token, you should expect to pay for all of the work you receive. Failure to abide by either principle creates fatal flaws in the attorney/client relationship, which will lead to its demise on unsatisfactory terms.

6. A good attorney takes human factors into account. Law is a profession. It is regulated by certain rules and principles, and despite certain public opinion, it is fundamental to maintenance of a free democracy. While an attorney has a duty to know and apply the law, he also has a duty to provide counsel which acknowledges the imperfections and foilables of the human condition. A good attorney will bring this attitude not only into his relationship with you, but also into the advice he gives you with respect to your dealings with the other side. This sense of humanity is partly innate and partly a function of experience, but it is critical to mature legal advice. If your attorney lacks this sense of humanity, find another attorney.

7. A good attorney remains current. It is critical for attorneys, just as it is for doctors or dentists or any other professional, to remain current in his chosen professional field. A legitimate (but seldom asked) question for a new client of his attorney is the most recent professional seminar the attorney attended in the relevant field. If the attorney's continuing education in that field is more than one year old, question whether the attorney is current.

8. A good attorney attempts to resolve your legal problem at the lowest possible cost, all things considered. Part of the "art" of being a good business lawyer is solving a client's problem at the lowest possible cost. This of course assumes that the client's problem is one which will require some payment from the client to resolve. This will usually (but not always) cause the attorney to recommend against protracted litigation, and to institute serious settlement discussions at the earliest opportunity. Unless your attorney has a good idea of the availability and cost of all options early on in the case, he will be unable to maximize the result.

(This Article is coming from website for proper guidance)

Monday, January 26, 2009

Looking for Good Annulment Attorney?

The key to a successful annulment is a good lawyer. But the search for the right attorney to handle your case is particularly mind-boggling in the Philippines because, as a matter of practice, most Filipino attorneys do not advertise in the media due to ethical constraints (Rule 2.03 and Rule 3.01, Code of Professional Responsibility). Most Attorneys rely mainly on personal contacts and referrals to there remains a prevailing blackout of information about legal professionals in the Philippines. This awkward situation creates problems for consumers who are trying to locate the right attorney who could help them with their family law problems. Some major newspapers carry advertisements for "annulment experts" but these "law firms" are usually "referral companies" manned by paralegals and non lawyers who front for lawyers who wish to avoid ethical problems.

If you are looking for good lawyer to handle your family law problems do not hesitate to put a comment on this article and so pleased to help you solve your problem.

You won't be disappointed on this promise!

Saturday, January 24, 2009

Legal Separation means...

Furthermore, my Lawyer has discussed with me also about the terms of Legal Separation. He told me that Legal Separation does not dissolve your marriage. Marriage is not defective and therefore considered valid. The Prosecuting Attorney is still mandated to stand guard to avoid connivance between the parties and to prevent that the evidence is not fabricated or suppressed. You cannot remarry even after the decree of legal separation has been granted.

He said that there are ten (10) grounds for Legal Separation. The predominant spousal conduct required in legal separation cases is either criminal in nature or deviant behavior. These are as follows:

1. Repeated physical violence or grossly abusive conduct.
2. Physical violence or moral pressure to compel the other spouse to change religious or political affiliation.
3. Attempt to corrupt or induce engagement in prostitution.
4. Final judgment of conviction in a criminal case.
5. Drug addiction and alcoholism.
6. Lesbianism and homosexuality.
7. Bigamy.
8. Sexual infidelity or perversion.
9. Attempt against the life of the other spouse.
10. Abandonment for over one year (Article 55, Family Code).

The prescription period for actions for Legal Separation is five (5) years from the time of the occurrence of the cause (Article 57, Family Code). Some of the grounds for legal separation are acts or conduct that could be used to form the basis of “psychological incapacity” in actions for the declaration of nullity of marriage (Article 36, Family Code).

Legal Separation is not for everyone because only the offended (innocent) spouse may file and win it. The offending (guilty) spouse is barred from filing it. Recrimination or when both parties are in pari delicto (equally guilty), pardon or consent from the offended spouse, prescription, collusion and unclean hands are effective defenses in legal separation (Article 56, Family Code). If both parties are offenders, legal separation will not be granted.

Legal Separation is unlike the action for the declaration of nullity of marriage based on psychological incapacity (Article 36) where relief will still be granted even if both parties are found to be psychologically incapacitated.

That would be one of the area under discussion about the Legal Separation which my Lawyer have required me to be acquainted with.

.. and a lot more to utter…
…….till next issue.

GROUNDS ---- ) The Two Most Popular Remedies to Dissolve Marriages

In addition to what I have wrote hereunder according to my Lawyer, there are many grounds for these two remedies. Take your pick, your case may properly fall into one of the numerous legal pigeonholes.

A. Action for Annulment (Voidable Marriages)

1. Lack of parental consent(18 years old but below 21).
2. Consent obtained throug fraud.
3. Consent obtained through force, intimidation or undue influence.
4. Insanity or unsoundness of mind.
5. Impotence or physical inability to consummate the marriage.
6. Affiction with sexually transmissible disease.

B. Action for the Declaration of Nullity of Marriage (Void Marriages)

1. Underage (below 18 years of age, even with parental consent).
2. No authority to solemnize marriages.
3. Bigamy and Polygamy.
4. Psychological incapacity.
5. Subsequent marriage after failing to record annulment or declaration judgement
of annulment or declaration of nullity of marriage with the civil registry.
6. Incest.
7. Breach of public policy.

Wednesday, January 21, 2009

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:

This is the ONLY one that works. I won’t bother explaining why. If one of you is loony then it’s unfair for the other one to be in the marriage. But there’s a catch to it. It has to be proven that the lunacy had been there even before the marriage.

The reason why annulments drag on is that one party will file a counter affidavit. Because the Philippine Family Code’s 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 I’m the respondent, I can guarantee that it will definitely be UNCONTESTED. Now, why would I file a counter-affidavit, right?

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 don’t 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...... ........

Monday, January 19, 2009


As I am observing the world, nowadays, most of the women have talked and discussed about the issue of separating from their respective husbands due to various reasons. The most common problem is third party or let us call it simple as other man - woman, their individual differences, vices like casino, smoking, too much drinking, etc.

For these women, Annulment is the only avenue to take to end their marriage. And to add some spice I am one of those women who have undergone a lot of sufferings with my ex-husband. For almost two years of being married to this "PIG" the meaning of happiness turned into hell. Our marriage did not work out well. Lot of factors that really distract me and make me so unhappy. Good thing a friend of mine talked to me and helped me to end it up. He referred me to his Lawyer who also handled his annulment. He told me that his Lawyer is not that expensive for Worry Free Annulment Petition , Php130k One whole Package. This includes Civil Registry and NSO Filing for Amendments, non-appearance hearing, Psychiatrists, Filing of Petition, etc... and the most important above all is he could make it for at least six months of waiting period to finish the case.
With this, I have decided to file my annulment and like what my friend told me it was only six (6) months of waiting for the court decision and finally has been served.