We all know that ending a marriage is not an easy thing to do. Aside from the legal process, we need to take into consideration the well-being of our children. For parents on the verge of embarking on the challenging journey of annulment in the Philippines, this guide is crafted with your unique circumstances in mind. Providing a clear and concise step-by-step roadmap, it aims to support you through the legal intricacies, focusing on the importance of safeguarding your children's well-being during this delicate process. Whether you're contemplating or already in the midst of annulment proceedings, consider this resource your companion in making informed decisions for your family's future.
A step-by-step guide on annulment in the Philippines
Every couple goes into marriage with the best hopes and blissful dreams of ever after. The sad reality is, marriage does not always have happy endings—or at least not the kind we all see in rom-coms or fairy tales.
Only two countries in the world do not have divorce laws: the Vatican and the Philippines.
The Family Code does allow for legal separation and annulment in the Philippines. While “divorce” seems to be a by word in Hollywood celebrity marriages and movies, an annulment is the only way Filipino couples can legally “end” a marriage. And while divorce is just as grueling a process for a family to go through, an annulment is much more complicated legal procedure, which by the way comes at a hefty cost.
NOTE: This article should not be taken as legal advice and is meant only for research and information.
Divorce vs annulment: What's the difference?
Divorce means dissolution of marriage. On the other hand, annulment means the marriage is void, from the beginning. Simply put, a null marriage means there was no marriage at all.
From psychological incapacity to fraud, and underage marriage, there should be a specific, legal ground for a spouse to initiate a petition and open an annulment case. Thus, begins the tedious process of annulment.
Grounds for annulment in the Philippines
Before a spouse can petition for the marriage to be annulled or declared null and void from the beginning, they should have a strong legal ground.
Grounds for annulment in the Philippines
In the Philippines, specific grounds recognized by law is used as a basis for seeking annulment. These grounds are provided under Article 45 of the Family Code of the Philippines. Some common grounds for annulment include:
1. Lack of Parental Consent or Advice
If either party is 18 years old or above but below 21 and got married without the consent of parents or guardians, or if the marriage was solemnized without the required advice, the court may annul the marriage.
2. Insanity or Psychological Incapacity
One party's mental incapacitation to the extent that they were incapable of understanding the nature and consequences of marriage may lead to the annulment of the marriage.
3. Fraud or Misrepresentation
If one party married under circumstances involving fraud, force, intimidation, or undue influence, and the other party was unaware of such circumstances, the court may annul the marriage.
4. Impotence
If either party is physically incapable of consummating the marriage, and the incapacity appears to be incurable, the court may grant an annulment.
5. Sexual Infidelity or Infidelity Prior to Marriage
If either party committed adultery or engaged in sexual infidelity prior to the marriage, it may serve as a ground for annulment.
6. Serious Sexually Transmitted Disease (STD)
If a party has a serious and incurable sexually transmitted disease, they may be able to annul the marriage.
7. Subsequent Marriage
If either party entered into a subsequent marriage while the first marriage is still valid, it is possible to annul the latter marriage.
Note that the annulment process involves legal proceedings, and one must prove the grounds in court. Additionally, we need to bear in mind that each case is unique, and the decision rests on the evidence presented and the judgment of the court. Seeking legal advice and assistance is crucial for those considering the annulment process in the Philippines.
Annulment in the Philippines: Step-by-step guide
Atty. Mianol P. Macam gives us an idea of the process of annulment in the Philippines, in a step-by-step guide.
STEP 1: Consult a lawyer.
“In the Philippines, annulment or declaration of nullity of marriage can only be obtained through a judicial decree. It cannot be secured extra-judicially,” Atty. Macam explains.
A petition for annulment or declaration of nullity of marriage has to be filed before the Regional Trial Court, and you will have to be represented by an officer of the court, a lawyer. Discuss the legal grounds for your annulment, and seek a lawyer’s advice regarding the whole process you will have to go through.
Before formally hiring a lawyer or attorney, you will have to consult first and check if you have legal grounds to be able to file for a Petition for Annulment of Marriage.
While there are available materials online that explains the process of annulment, plus all the tales and anecdotes from friends and family, the best way to understand your own case is by discussing it with your lawyer.
“It is always best to consult a lawyer who is an expert in Family Law, regarding an annulment or declaration of nullity of marriage,” Atty. Macam explains. “Trying to short cut the process sometimes only makes the legal work more tedious or more expensive.”
STEP 2: Hire the lawyer.
Choosing a good lawyer is the most important part of the annulment process. Your lawyer will represent you and he or she will ensure that due process is observed and the substantial grounds are determined and proven. According to the law, Atty. Macam stresses.
You should also consider the “financial fit” of the legal services you are seeking and your budget, and that everything is aligned with your own timetable. Of course, you need to consider the cost, too. You should be able to trust your lawyer, and make sure that he or she represents your best interest.
“A lawyer will protect the interest of her client, kaya huwag lang maniwala sa sabi-sabi,” Atty. Macam reiterates.
When you do come to a final choice, make sure you have everything in writing, and everything is documented.
STEP 3: Go through a psychological evaluation.
After signing the contract with your lawyer, a psychological evaluation will be underway.
In the Philippines, the most common ground for annulment is psychological incapacity. This will mean written tests, consults and interviews. That will determine your personality and your relationship with your spouse and the dynamics of your marriage.
This is where you will have to thresh out your marital history and everything else about your married life. This will form the basis of the petition and the psychological evaluation.
READ MORE:
Divorce and annulment in the Philippines: What's the difference?
5 taon na pagkakahiwalay, gustong idagdag na dahilan para payagan ang annulment
STEP 4: Filing the petition. The psychologist will release a written psychological evaluation, which will be given to your lawyer. Your lawyer will proceed to draft the petition and file this in court. In situations where one spouse is not in the Philippines (with OFWs, for example), the petition can be filed initially without the psychological evaluation, but must still be submitted before court proceedings. The petition will be drafted and after your approval, it will be filed before the Office of the Executive Clerk of Court of the Regional Trial Court, and fees will be paid. It will go through the process of being assigned to a judge by raffle which is open to the public. In a TV interview, Atty. Raymond Fortun mentioned that he has seen cases in the filing stage take three years before getting approved due to various reasons, including court scheduling.STUDY: 12 common mistakes na nakakasira sa relasyong mag-asawa
STEP 5: Court procedure begins.
The assigned Clerk of Court of the RTC will summon the respondent (the other spouse) to appear in court. The situation requires that he or she is represented by a lawyer. What follows will be a collusion investigation and pre-trial conference, and on to the Trial Proper. The court will also issue an order asking the prosecutor assigned to the court to conduct a collusion investigation. This will determine if the petitioner and respondent (the couple) conspired to file the petition for annulment. According to Philippine law, both parties should not agree or collude to an annulment, but unlike in other countries where there is consensual or a no-contest divorce. If collusion is proven, the case will not proceed to trial. On the other hand, the pre-trial process will include mediation. It is to determine if both parties can agree on certain preliminary issues like support and custody. The trial will involve three main witnesses: the petitioner, the psychologist, and a corroborating witness, who could be a friend or relative with firsthand knowledge of the marriage. In cases where the other spouse fails to appear in court, the trial will still push through. Of course, the whole trial will run smoother and faster if the respondent does not contest, explains Atty. Macam. Keep in mind, though, that typical annulment cases can drag on for one and a half years or more.STEP 6: Arriving at the Final Decision.
After thoroughly discussing every detail of the case and receiving testimonies from all witnesses, the judge will render the final decision. If either the petitioner or respondent disagrees with the final decision, whether it is granted or denied, there is a 15-day period available to file a motion for reconsideration. If both parties reach an agreement, the decision becomes final after 15 days. The Civil Registry of the place of marriage and the Civil Registry of the Family Court, which grants the petition of annulment, will register it. Both parties will receive the circulated final decision.STEP 7: The Civil Registrar’s Office will annotate the annulment decree.
After the court grants the annulment, the Office of the Civil Registrar in the city where the marriage took place will need to annotate the decision. Enabling anyone to verify whether the marriage was genuinely rendered null and void. Finally, after obtaining a judgment of finality, the petitioner must also prepare to register the judicial decree in the Local Civil Registrar where the marriage sought to be annulled or nullified was registered.The cost of annulment in the Philippines
How much is annulment in the Philippines? Cost estimates for annulment in the Philippines range from at least Php250,000.00 to Php 450,000, and sometimes, even higher. Atty. Macam explains that the range is high, especially when properties are involved. She added,
"Not to mention custodial disputes or claim for support. The cost of annulment or declaration of nullity of marriage varies, depending on several factors."
"The lawyer will have to look at the difficulty of the case, the marital circumstances of the parties. The value of properties involved, the extent of services rendered. The professional standing of the lawyer, and will also include the labor, distance, time and trouble involved in advocating the case wherein the acceptance of employment in the case will preclude the lawyer to appear in other cases," she adds.
And then there is the skill, diligence, and experience of the counsel, which will mean higher professional fee. The high cost of annulment in the Philippines is one of the main reasons why some lawmakers are rallying for a divorce law.
Atty. Macam also elabortes that, “Other lawyers package their services but while some opt to be paid by the services rendered, charging different fees for accepting, for filing, drafting a pleading, for appearing in court or in government agencies.." she continues, "and for preparing for trial, for mailing, for transportation costs, for notarial, and other miscellaneous services necessary in accomplishing the legal work."
How much is annulment in the Philippines: Other things to be paid
The petitioner may need to prepare payment for securing the psychological services of a psychiatrist or psychologist or an expert witness. Additionally, they should consider the cost of the legal work involved. The registration of the final judicial decree of annulment will also entail a cost, which the petitioner must pay.
Church vs. Civil Annulment in the Philippines
There is a difference between church annulment and civil annulment in the Philippines.
The court of law recognizes civil annulment. However, if you married in the Catholic church, you must file for a church annulment.
Also, if you had a church annulment without a civil annulment but you are still legally married (in the eyes of the law). The most important, a church annulment requires much less financial strain for the petitioner. As it does not cost as much as a civil annulment.
In January 2018, the House of Representatives approved on its third and final reading, House Bill 6779. That renders church annulment (of any religious sect) as having the same effect as a civil annulment, making the costly legal process unnecessary, according to Leyte Rep. Yedda Kittilstvedt-Romualdez. This quite eradicates the long and costly judicial process of marriage annulment.
Updates by Jobelle Macayan
Atty. Mianol P. Macam, Associate, Perdigon, Duclan, Lumbos and Associates; Business world online; De Borja Lamorena and Duano Law Offices, Philippines, deborjalaw.com; HG.org; Atty. Raymond Fortun, The Filipino Times, Respicio & Co. Law Firm