HOW TO FILE AN ANNULMENT CASE IN THE PHILIPPINES
(Everything you need to know — powered by the Family Code, the Rules on Annulment & Declaration of Nullity, and landmark Supreme Court cases)
Quick orientation: “Annulment” is often used loosely. Filipino law actually recognizes two court actions that dissolve a marriage:
- Declaration of Absolute Nullity of Void Marriages – for marriages that were void from the start (e.g., bigamous, no licence, psychological incapacity).
- Annulment of Voidable Marriages – for marriages that were valid until annulled (e.g., lack of parental consent, fraud, force).
Both are governed by Articles 35–45 of the Family Code and the Supreme Court’s A.M. No. 02-11-10-SC (“Rules on Declaration of Nullity/Annulment”), not by the Church. A Church decree is purely religious unless confirmed by a civil court.
1. Legal Foundations — know the texts you will quote
| Key source | What it covers | Handy sections |
|---|---|---|
| Family Code of the Philippines (E.O. 209, as amended) | Substantive grounds, effects on property & children | Arts. 35–45 (grounds), 50–55 (property), 57-61 (procedure), 63 (effects) |
| A.M. No. 02-11-10-SC (effective 15 Mar 2003) | Step-by-step court rules, venue, deadlines, prosecutor/OSG roles | Rules 1-9 |
| Rule 141, Rules of Court | Filing & service fees | Sec. 7 (docket), Sec. 10 (sheriff) |
| Leading cases | Interpret difficult points—especially “psychological incapacity” | Santos (1995), Molina (1997), Republic v. Court of Appeals & Molina, Tan-Andal (2021) |
2. Grounds at a Glance
A. Void marriages (file Declaration of Nullity)
- No marriage licence (Art. 35[3])
- Bigamous or polygamous marriage (Art. 35[4])
- Psychological incapacity existing at the time of the wedding and “grave, severe, incurable” (Tan-Andal relaxed the old Molina test) (Art. 36)
- Incestuous (Art. 37) or void by public policy (Art. 38)
- Non-compliance with remarriage waiting period after a prior foreign divorce (Art. 53)
B. Voidable marriages (file Annulment)
- No parental consent – a party was 18-20 yrs (Art. 45[1])
- Unsound mind (Art. 45[2])
- Fraud (e.g., concealment of pregnancy by another man, criminal conviction, STDs) (Art. 45[3])
- Force, intimidation, or undue influence (Art. 45[4])
- Physical incapacity to consummate (impotence) (Art. 45[5])
- Serious sexually-transmissible disease (Art. 45[6])
Deadline to file: within 5 years of discovering the ground for fraud, force, STD, etc. No prescriptive period for psychological incapacity/nullity.
3. Who can file and where
| Petitioner | Venue (choose ONE) |
|---|---|
| Filipino citizen, or if marriage was solemnised in PH | • RTC-Family Court of the province/city where you or the respondent has resided for the last 6 months • If respondent lives abroad or is unknown: where petitioner resides (Rule 2, §4) |
4. Documentary checklist
All originals + 3 copies unless noted.
Verified Petition (see Rule 2, §3) – narrate facts, grounds, property regime, children
Certification against forum shopping (notarised)
Civil registry documents:
- PSA-issued Marriage Certificate (SECURED within 120 days of filing)
- PSA Birth Certificates of all minor children
Proof of residence: barangay cert, utility bill, IDs
Supporting affidavits & expert reports
- Psychological evaluation (for Art. 36)
- Medical certificate (for STD/impotence)
Proposed settlement on custody, support, and property (optional but persuasive)
Special Power of Attorney if filed through attorney-in-fact
Affidavit of indigency (to waive docket) if qualified under Rule 141, §19
5. Step-by-step court process
| Stage | What happens | Target timeline* |
|---|---|---|
| 1. Filing & raffle | Pay docket (≈ ₱4-6 k) → case raffled to a Family Court branch within 3 days | Day 1–7 |
| 2. Issuance & service of summons | Sheriff/foreign service or publication (3 weeks, 1 day/week) if respondent can’t be found | Day 30-120 |
| 3. Collusion investigation | Provincial/City Prosecutor submits report within 1 mo. (Rule 4) | +30 days |
| 4. Respondent’s Answer | 15 days from service (30 if abroad) | — |
| 5. Pre-Trial | Mandatory within 15 days after last pleading; settlement of custody/support issues; marking of exhibits; possible mediation | Month 6-10 |
| 6. Trial (petitioner’s evidence first) | Testimony of petitioner, psychologist, corroborating witnesses; OSG cross-examines | Month 10-22 |
| 7. Respondent’s evidence | If any; many cases proceed ex parte | Month 22-26 |
| 8. Oral offer of exhibits / memoranda | Court may allow simultaneous oral offer to speed up | Month 27-28 |
| 9. Decision | 30 days to write (Rule 9, §2) | Month 29-30 |
| 10. Appeal period | OSG (or either party) may appeal to the Court of Appeals within 15 days | Month 30-31 |
| 11. Entry of Judgment | If no appeal, Decision becomes final; clerk issues Certificate of Finality | Month 31-32 |
| 12. Registration & annotation | Submit certified true copy of Decision + Finality to: • Local Civil Registrar of place of marriage • PSA (Serbilis) |
Within 30 days of finality |
*Real-world duration is 18 months – 5 years depending on court docket, OSG objections, and availability of experts.
6. Costs beyond filing fees (ballpark, 2025)
| Item | Typical range |
|---|---|
| Psychological evaluation & testimony | ₱35 000 – ₱120 000 |
| Publication of summons (broadsheet) | ₱10 000 – ₱25 000 |
| Sheriff’s travel / service | ₱2 000 – ₱8 000 |
| Lawyer’s professional fees | Hourly (₱3 000 – ₱7 000) or package (₱150 000 – ₱400 000) |
| Pleading reproduction, notarisation | ₱2 000 – ₱5 000 |
Indigent litigants (annual income < ₱300 000 and no real property > ₱300 000) may file pauper litigant motions to waive docket, sheriff, mediation, and transcript fees.
7. What the judgment settles (and what it doesn’t)
- Civil status Marriage is extinguished. You may remarry after finality + proper annotation (Art. 53 for void marriages).
- Children Remain LEGITIMATE even if the marriage is void/voidable (Art. 54). Court may decide custody; always modifiable for child’s best interests.
- Property Community/Conjugal partnership is dissolved. Court orders liquidation within 1 year; unpaid debts top the list. You may move to partition in the same case or a separate special proceeding.
- Support Obligation continues for legitimate children; spouses may ask for alimony pro visionally or in the final decision (Art. 198).
- Succession Successional rights cease from the finality of judgment.
- Foreign recognition Overseas Filipinos often need an apostilled or authenticated copy of the Decision + Finality + annotated PSA record.
8. Common pitfalls & pro tips
| Pitfall | Preventive move |
|---|---|
| Relying solely on Church annulment | Always file the civil petition or your civil status never changes. |
| Using a generic psychologist’s report | SC jurisprudence frowns on “template” diagnoses; insist on specific behaviours traced to childhood (Tan-Andal). |
| Skipping the sheriff’s return | Court cannot proceed to default without proof of service. Follow up. |
| Letting more than 6 months pass between hearings | Move for “continuous trial” per A.M. No. 03-1-09-SC to keep settings within 30 days. |
| Not liquidating property within 1 year | Creditors or ex-spouse can block later conveyances. Ask the court to approve a liquidation agreement early. |
9. Fast-FAQs
| Question | Short answer |
|---|---|
| Can I file while residing abroad? | Yes, if you have been resident abroad for at least 6 months and your last Philippine residence had no Family Court, venue lies where you reside abroad or where respondent resides (Rule 2, §4[b]). |
| Is “irreconcilable differences” a ground? | Not by itself. It may support a finding of psychological incapacity if medically explained. |
| Will our kids become illegitimate? | No. Legitimacy is preserved (Art. 54). |
| How soon can I remarry? | After obtaining ► certified Decision ► Certificate of Finality ► PSA-annotated Marriage Certificate. Civil registrars typically complete annotation in 4-6 weeks. |
| Do we still need to liquidate if we had complete separation of property? | Submit proof (pre-nup) so the court can skip liquidation. |
| What if the OSG opposes? | OSG may appeal; prepare a strong memorandum citing Tan-Andal (2021) or other cases to withstand elevated scrutiny. |
10. Looking ahead
As of May 2025, Congress has again revived absolute-divorce bills (e.g., House Bill 9349, approved on third reading 22 May 2024) but no divorce law is in force until the Senate concurs and the President signs. Thus, annulment/nullity remains the only nationwide secular route to end a marriage for now.
Final reminders
- The process is adversarial and evidence-heavy; consult a Philippine family-law specialist before filing.
- Courts appreciate candour, complete pleadings, and realistic settlement proposals for children and property.
- Laws, fees, and procedural forms can change; double-check the latest Supreme Court administrative circulars when you are ready to file.
This article is for general information and not a substitute for tailored legal advice.