1) First: “Annulment” in everyday speech vs. in Philippine law

In the Philippines, many people say “annulment” to mean any court case that ends a marriage. Legally, there are two main court actions under the Family Code framework:

Annulment of a voidable marriage (the marriage is valid until annulled), and
Declaration of Absolute Nullity of a void marriage (the marriage is void from the beginning).

In both types, a case does not automatically succeed just because the respondent refuses to participate. Marriage is treated as imbued with public interest, so the court requires evidence and safeguards even when the other spouse is silent.

2) What “refuses to participate” can look like

A respondent may refuse in several ways. Each has different procedural consequences:

Refuses to receive summons / avoids the process server
Cannot be located (unknown whereabouts; possibly overseas)
Receives summons but does not file an Answer
Files an Answer but stops attending hearings
Attends but refuses to cooperate (e.g., won’t submit documents, won’t appear for evaluation, won’t testify)

The key idea: Philippine courts can still move forward if the case has proper service of summons (or the court-authorized alternative) and due process requirements are met.

3) The non-negotiable requirement: Jurisdiction and proper service of summons

Before a court can validly act, it must have:

A) Jurisdiction over the subject matter

Annulment/nullity cases are filed in the proper Regional Trial Court (often a designated Family Court where applicable).

B) Jurisdiction over the respondent (or lawful substitute that satisfies due process)

The court must be satisfied that the respondent was properly notified, through one of the recognized methods:

1) Personal service (first preference)

A process server personally delivers summons. If the respondent refuses to accept, service can still be considered effective if it is properly tendered and the refusal is documented.

2) Substituted service (when personal service fails despite efforts)

If the respondent is evading or not available, summons may be left with a person of suitable age and discretion at the residence or with a competent person at the office, consistent with procedural rules and court requirements.

3) Service by publication (when whereabouts are unknown or other allowed instances)

If the respondent truly cannot be found despite diligent efforts, the court may allow service by publication (usually with additional requirements like mailing to the last known address).

4) Respondent overseas

There are court-recognized ways to serve respondents abroad depending on the circumstances (including modes allowed for actions affecting civil status), but the court will still require proof of compliance.

Practical takeaway: If the respondent refuses to participate by “disappearing” or “dodging,” the case often becomes a service and documentation challenge, not an automatic dismissal.

4) If the respondent does not file an Answer

When the respondent does not answer, the case typically proceeds without their active participation, but with safeguards because the State is considered an interested party in marriage cases.

What the court usually does next

The court ensures the respondent was properly served and given the opportunity to respond.
The court does not grant annulment/nullity “by default” the way some ordinary civil cases might feel.
The court will require the petitioner to present evidence and prove the legal ground(s).

Why it’s not automatic

In annulment/nullity cases:

The petitioner bears the burden of proof.
Courts are alert to the possibility of collusion (the spouses secretly agreeing to fabricate a ground just to end the marriage).
A public prosecutor and the Office of the Solicitor General (OSG) typically have roles designed to protect the State’s interest in the marital bond.

5) If the respondent stops attending hearings

If the respondent initially appears (or files something) and later refuses to show up, the court can still proceed, typically:

marking hearings as ex parte as to the absent party (meaning the petitioner presents evidence without the respondent’s participation), and
continuing to require proof that the legal ground exists.

The respondent’s absence may mean:

fewer factual disputes in open court, but
no reduction in the quality and amount of proof the judge expects on the ground invoked.

6) The biggest misconception: “If my spouse doesn’t show up, I automatically win.”

Not in Philippine annulment/nullity.

Even if the respondent is totally silent:

The judge still needs competent, credible evidence.
The State’s counsel/prosecutor may still test the evidence, ask questions, or raise issues.
The OSG may still oppose or appeal decisions in appropriate cases.

Think of it this way: the respondent’s refusal may remove one adversary, but it does not remove the court’s duty to protect the integrity of marriage and the rules.

7) How refusal to participate affects the type of evidence you can present

A non-participating respondent often means the petitioner must rely more on:

Petitioner’s testimony
Testimony of witnesses (family, friends, colleagues) with personal knowledge
Documents and records (messages, medical records where lawful, police blotters, counseling records, proof of separate residence, etc.)
Expert evidence when relevant (commonly in psychological incapacity cases)

Psychological incapacity (a frequent basis people pursue)

If the respondent refuses to participate in a psychological evaluation:

The case can still proceed, because courts can consider other evidence and collateral sources.
However, lack of respondent participation can make the expert’s job harder and may require stronger supporting testimony and records to connect the condition to the legal standard and to the marriage’s inception.

(Important: “psychological incapacity” is a legal concept; it isn’t automatically the same as a medical diagnosis. Courts look for specific legal elements, not just relationship unhappiness.)

8) Effects on custody, support, and property issues

Even if the respondent refuses to participate:

A) Custody and visitation

The court can issue orders consistent with the best interests of the child, and can proceed based on available evidence. Non-appearance may cause the respondent to lose opportunities to propose custody/visitation arrangements in court.

B) Child support / spousal support (as applicable)

Courts can issue support-related orders. A respondent who stays absent may later face enforcement measures.

C) Property relations

Property issues can be addressed in the case or in related proceedings depending on the situation. A non-participating respondent risks losing the chance to properly present claims, valuations, defenses, or proposed partition arrangements.

Note: While parties cannot “compromise” the existence of the marriage status itself (they can’t just agree to end it as if it were a contract), they can often settle practical consequences like property division parameters and parenting arrangements—subject to court approval and legal limits.

9) What if the respondent is actively sabotaging the case?

Common tactics and typical court responses

1) “I won’t accept summons.” Courts can still treat refusal as service if properly documented, or allow substituted service if justified.

2) “I’ll keep moving / hiding.” You may need documented attempts at service, sworn statements, and possibly court leave for alternative service modes.

3) “I’ll appear once just to delay, then vanish.” Courts can proceed when the respondent fails to attend settings after due notice.

4) “I’ll threaten not to sign anything.” Annulment/nullity is not a mutual-consent process; signatures from the respondent are not what “grants” the case. Proof and judicial decision do.

10) Can the respondent later “wake up” and undo everything?

They may try, but success depends on timing and grounds.

Possible respondent remedies (general)

A respondent who ignored the case might later attempt:

to ask the court to allow participation if proceedings are ongoing,
to seek relief from an adverse order if they can show recognized legal bases (often involving lack of notice, lack of jurisdiction, fraud that prevented participation, etc.),
to appeal within the proper period if they properly regain standing and procedural requirements are met.

But if the respondent was properly served, given opportunities, and simply chose not to participate, courts are generally less sympathetic to late attempts that are just regret or strategy.

11) What this means for petitioners: practical expectations

If the respondent refuses to participate, expect these realities:

Service issues may take time (especially if the respondent is evasive or abroad).
You must be prepared to prove your ground thoroughly—more so if the respondent won’t supply records or admissions.
Hearings may proceed ex parte, but not “easy mode.”
The case still goes through key stages: filing → service → pre-trial → trial/presentation of evidence → decision → finality and registration/implementation steps.

12) What you should do if you’re in this situation (non-legal advice, practical guidance)

Document everything: addresses, attempts at contact/service, messages (lawfully obtained), witness names, timelines.
Be precise with addresses: last known residence, workplace, relatives who may receive substituted service if allowed.
Line up witnesses early: people who can testify to factual patterns relevant to the ground.
Expect scrutiny: especially if the respondent is silent, courts rely heavily on the petitioner’s credibility and corroboration.
Work with counsel: service strategy and evidence planning often determines whether a “non-participating respondent” case moves smoothly or stalls.

13) Quick FAQs

Q: Can I get annulled if my spouse never shows up? Yes, it can still be granted—if the court obtains proper notice/service and you prove a valid ground with sufficient evidence.

Q: Will the judge grant it faster because the respondent is absent? Not necessarily. Service and due process steps can take longer, and the court still requires full proof.

Q: What if my spouse is abroad and ignores everything? The case can still move forward, but proper service methods and proof of compliance become crucial.

Q: Do I need my spouse’s signature or consent? No. The decision is made by the court based on the law and evidence, not by mutual consent.

14) Bottom line

A respondent’s refusal to participate does not stop an annulment/nullity case in the Philippines as long as the petitioner and the court satisfy due process (especially service of summons) and the petitioner proves the legal ground with credible evidence. The respondent’s absence mainly changes the litigation dynamics—fewer direct disputes, but often greater emphasis on procedural correctness and strong, well-corroborated proof.

If you want, tell me which situation applies—(a) respondent can’t be found, (b) refuses summons, (c) served but ignored, or (d) started then vanished—and which ground you’re considering, and I can map the typical procedural path and evidence plan in that specific scenario.