STEPS AND PROCEDURE IN ANNULMENT AND DECLARATION OF NULLITY OF

MARRIAGE
By: Atty.Fred | September 30, 2006 in Annulment and Legal Separation, Litigation
279 Replies | Related posts at the bottom of article

You thought youve found your perfect match. You thought your marriage is bound to last forever, or, at
the very least, until the last breath. Youve thought wrong, you say, and you now think of seeking legal
remedy to end your marriage. Here are steps or suggestions in deciding whether to step out of the ring
or not:

1. Make sure it is the last resort. As stated in a previous post, love and marriage are supposed to be
forever. Try all options, like counseling, to make it work. If theres no progress, weigh your options. On the
other side of the scale is the reality that getting into another relationship or marriage, while the first marital
bond is still existing, is a sure way of courting criminal liability (adultery, concubinage, bigamy). A
subsequent petition for declaration of nullity/annulment of marriage is not a defense in the criminal action.

2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one.
Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or
psychologist (if the ground is psychological incapacity), etc.

3. Discuss the custody of children, visitation rights, property arrangements and support.Custody over
children and separation of properties in annulment are among the most bitter issues in annulment. As
much as possible, discuss and agree on these matters beforehand.

4. Make sure to invoke a valid ground. Marriage is an inviolable social institution and any doubt is
resolved in its favor. Hence, make sure theres sufficient basis to go through the procedure discussed
below.

The procedure provided under the Rules on Declaration of Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages is discussed below. Please note that a petition for annulment refers to
voidable marriages, which are valid until annulled by the court, while a petition for declaration of nullity
refers to marriages that are considered void or inexistent from the very beginning. There are other
differences (e.g., legitimate status of children, property relations between the spouses, prescription and
ratification), but lets leave those for another day. For convenience, we shall refer to both petitions as
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 6 months prior to the date of filing, or in the case of a non-
resident respondent, 7where 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. In simplest terms, 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: (i) 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; (ii) 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 (iii) 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.