ANNULMENT 101: Philippine Annulment Law Made Easy LESSON II: 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? GTALAW: 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 persons 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? GTALAW: 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? GTALAW: 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? GTALAW: The action to declare the marriage void shall not prescribe. Meaning, you can file the petition anytime during your lifetime.

Steps and Procedure in Annulment and Declaration of Nullity of Marriage

Published by Atty. Fred September 30th, 2006 in Annulment and Legal Separation andLitigation and Labor Law. 72 Comments

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

andsupport. 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.

CHECKLIST FOR CASES OF ANNULMENT/DECLARATION OF NULLITY OF MARRIAGE: A. Papers to be prepared: 1. _______ Verification with Certification as to Non-forum Shopping 2. _______ Notice of Appearance (if services of counsel was secured when there is a case filed) 3. _______ Notice of Appeal (if services of counsel was secured for purposes of appeal) B. Documents Needed: 1. _______ Current Community Tax Certificate (CTC) of party _____________________________________ _____________________________________ (CTC can be secured from the city or municipal government where you reside. You could also secure this from the Provincial government located in capitol building.) In securing CTC, the following information is needed: Name: __________________ Sex : ___________________ Age: ____________________ Address: __________________ Birthdate: __________________ Birthplace: __________________ Income for the previous year: _______________ (Fees varies depending on the income declared. For students and non-working, fee is at about P6.00. For income below P10,000 monthly, the fee is usually at P200.00.) (If the Law Office will secure the CTC, it will charge P100.00 for services.) 2. _______ Birth Certificate of children of the spouses __________________________________ (Birth Certificate can be secured from the Civil Registry of where the child was born. It has a registry number. The Certificate of Live Birth is the form submitted by the hospital to the Civil Registry at the time of birth. This is different and does not usually have the registry number.) 3. _______ Marriage Certificate of Spouses __________________________________________ (Marriage Certificate can be secured from the Civil Registry of where the marriage has been celebrated or can be secured from the National Statistics Office) 4. _______ Police blotter ( in cases of physical abuse and others) _________________________

(Police blotter can be secured from the police station where the incident has been reported. You need to pay a certain amount (less than 50.00) for the certified true copy of the police report.) 5. ________ Title and Tax Declaration of Properties of the Spouses ______________________ 6. ________ Pictures __________________________________________________________ 7. ________ Narration of Facts and Events of the relationship of the Spouses (from courtship, wedding, handling of children, handling of conflict and anger) C. If there is a pending case handled another lawyer, and the client would like to secure the services of the Law Office then the following are needed: 1. ________ case folder ___________________________________________________ (This consists of the documents, papers and pleadings filed and received in connection with the case. If the client does not have a complete copy of the document or only few documents are found, then the law office could go to the court and have a complete copy of the case with a minimal fee plus photocopying expenses.) 2. ________ Notice of Withdrawal ___________________________________________ (This notice is duly signed by the client and that of his previous counsel informing the Court that the lawyer is withdrawing in the instant case.) D. Money Needed: 1. ________ Acceptance Fee of ________________ (Acceptance Fee will cover the initial legal research, the preparation of the initial pleadings and filing of the case. Payment of subsequent legal services shall be billed in accordance with the office policy. Please see Notes on Attorneys Fees.) 2. ________Operating Funds : (P2,000 for simple cases) __________________ This includes : _________ filing fees ( usually P5,0000, if no property) ________ photocopying ________ transportation for the process server ________ publication (if summons is by publication) E. Documents to be given to the client: 1. __________ Law Office Brochure: ____________ 2. __________ Clients Information Sheet (to be filled up)

3. __________ Notes on Attys Fees 4. __________ Guide to the Client in Relating with the Lawyer 5. __________ Notes on: ________________________________________ 6. __________ Others: __________________ __________________ __________________ (The Law Office will give the client notes relating to the case as it proceeds.)