Post-Annulment Procedures After a Court Decision (Philippines)

This article is a practical, end-to-end roadmap for what happens—and what you must do—after a Philippine trial court grants a decree of nullity (void marriage) or annulment (voidable marriage). It focuses on post-judgment compliance, recording, effects on status, property, children, names, and the logistics of updating government and private records.

1) Terms you’ll see on your papers

Decision/Judgment. The court’s written ruling granting annulment or declaring the marriage void.
Entry of Judgment (EOJ). The clerk’s certification that the judgment is final and executory (no more appeals).
Decree of Annulment / Decree of Absolute Nullity. The formal decree issued after finality; this is the operative instrument you’ll present to civil registries and agencies.
Certificate of Finality. Sometimes issued together with or in place of EOJ; functionally, it proves finality.
Liquidation/Partition Orders. If there’s conjugal/community property, the court may approve a liquidation plan, settlement, or partition—sometimes via a separate or ensuing order.

Key rule: You cannot validly remarry until (a) the judgment is final, and (b) it is recorded as required, including liquidation/partition and delivery of children’s presumptive legitimes where applicable.

2) Big picture: your post-judgment checklist

Wait for finality.
- If no party appeals within the reglementary period, ask the branch clerk for the Entry of Judgment/Certificate of Finality.
Secure the decree.
- Move for issuance of the Decree of Annulment/Absolute Nullity (some courts issue motu proprio after finality; many require a motion). Get multiple certified true copies (CTCs).
Liquidate and partition property (if applicable).
- If your property regime was absolute community (ACP) or conjugal partnership (CPG), prepare an inventory, settle debts/obligations, and partition/net shares.
- If the marriage is void and Article 147/148 co-ownership applies (unions in fact), determine contributions, good/bad faith, and allocate accordingly.
- Submit a compromise agreement for court approval or proceed to commissioner/accounting if contested. Obtain an order/judgment on liquidation/partition.
Deliver children’s presumptive legitimes (where required).
- In annulment (voidable marriage) and certain nullity scenarios, the law requires delivery of presumptive legitimes (usually by setting aside property/amounts or constituting an usufruct/administration). Document compliance and secure a court acknowledgment or order.
Record the judgment and decree with the civil registry.
- Local Civil Registrar (LCR) of the place where the marriage was recorded: file CTCs of the decree, EOJ/finality, and any liquidation/partition/legitime orders for annotation on the Marriage Certificate (and, as needed, the spouses’ Birth Certificates).
- The LCR transmits to the Philippine Statistics Authority (PSA) for national annotation. Later, request PSA-issued copies to ensure annotations appear.
Update identification and records (after PSA annotation appears).
- Name/Status: Passport, PhilID, SSS, GSIS, PhilHealth, Pag-IBIG, BIR (TIN/registration), LTO, PRC, COMELEC, bank and insurance accounts, employer HR/payroll/benefits, school records of children.
- Real property: Register deeds of partition/award with the Registry of Deeds; update Tax Declaration and RPT records at the Assessor/Treasurer.
Implement custody, support, and visitation orders.
- Comply with the court’s custody and child support directives. If silent, file a motion for appropriate relief or a separate custody/support case if needed.
Only then consider remarriage.
- Remarriage requires: final decree + proper civil registry recording + compliance with liquidation/partition and presumptive legitimes. Obtain an updated PSA CENOMAR reflecting the annotations.

3) Effects of a granted case, and what they trigger administratively

A) Civil status and the right to remarry

Annulment (voidable): Marriage is valid until annulled; after finality and proper recording, the parties revert to single and may remarry (subject to compliance items above).
Declaration of nullity (void): Marriage is considered void from the beginning, but you must still complete the same recording and compliance steps before you can remarry.

B) Surnames and name reversion

A wife may revert to her maiden name after finality. If she opts to continue using the husband’s surname (e.g., for the children’s consistency), consult counsel—post-annulment, continued use is generally not obligatory and may be contested.
Update passport/IDs only after PSA annotation appears (agencies typically require PSA-annotated certificates + decree/EOJ).

C) Children’s status, custody, support, and parental authority

Legitimacy/Illegitimacy:
- Annulment (voidable marriage): Children remain legitimate.
- Nullity (void marriage): Children’s status depends on the ground and specific statutory rules. As a practical matter, courts still resolve custody, support, and filiation issues in the same proceeding or in related actions.
Custody/Parental authority: Usually awarded based on best interests of the child; joint or sole arrangements may be ordered, with defined visitation.
Support: Continues according to children’s needs and parents’ means; enforceable through writs of execution or garnishment if unpaid.

D) Property consequences (which drive most post-judgment steps)

ACP/CPG (marriages with a valid property regime)
- Inventory → settle debts/charges → return exclusive properties → divide net remainder (normally 50/50 absent disqualifications).
- Forfeitures/adjustments can apply (e.g., bad-faith spouse’s share in profits).
- Delivery of children’s presumptive legitimes is part of the post-judgment package.
Void marriages under co-ownership rules (Arts. 147/148)
- Good-faith partner is protected; bad-faith partner may forfeit or be limited to actual proven contributions.
- Wages/earnings acquired through joint efforts are generally co-owned and split based on contributions/equity.
Homes and exclusive property
- Exclusive properties remain with the registered owner; occupation/use rights (e.g., family home) may be addressed by interim possession orders or settlement terms.

4) Recording and annotation—how to do it right

Prepare a registration packet for the LCR where the marriage was recorded:
- CTCs of: Decision/Judgment, Entry of Judgment/Certificate of Finality, Decree, and any Liquidation/Partition/Legitime Orders.
- Valid IDs and a brief letter-request identifying the registry entries to annotate (marriage; sometimes birth entries for surname changes).
File and get a receiving copy.
- Ask about LCR processing timelines and the transmittal to PSA.
Verify PSA annotation.
- After PSA updates its database, order PSA-certified copies of your Marriage Certificate (now annotated) and, if applicable, Birth Certificates.
- Keep several PSA copies; many agencies retain one.

Tip: If you must travel or urgently update IDs, bring both the PSA-annotated certificates and the CTC decree + EOJ; some counters still ask to see the court papers.

5) Land, shares, and business interests—post-judgment transfers

Real property: Execute Deed of Partition/Assignment (or rely on the court partition order), pay applicable registration fees, and annotate TCT/CCT at the Registry of Deeds. Update Assessor/Tax Declaration and RPT records.
Personal property: Endorse vehicle OR/CR, share transfers (corporate secretary’s certificate; update the stock and transfer book), and bank/insurance beneficiary changes.
Taxes: Pure partition to settle conjugal/community property ordinarily isn’t a sale; coordinate with your LGU/BIR desk for documentary stamp and registration formalities that registries may still require.

6) Government and private records to update (after PSA annotation)

DFA (Passport) / PhilID / LTO / PRC / COMELEC
SSS/GSIS/PhilHealth/Pag-IBIG (status, beneficiaries)
BIR (civil status for withholding/exemptions; update RDO if moving)
Banks, insurers, brokers (beneficiaries; standing instructions)
Employer HR (HMO, payroll status, dependents)
Schools (children’s records; authorized pick-ups)
Utilities/leases (if names/tenancy change)
Immigration/consulates (if dual citizens/residents abroad)

7) Practical timelines & sequencing

Week 0: Decision released.
~30 days: If no appeal—apply for EOJ/Finality.
Following weeks: Move for Decree; complete/submit liquidation/partition papers; seek order approving settlement; prepare legitime delivery proof.
Thereafter: Record with LCR → PSA annotation → PSA copies → Update IDs/records.
Before remarriage: Double-check your PSA CENOMAR and PSA-annotated marriage certificate reflect the annotations; keep CTC decree/EOJ on hand.

Courts and registries vary in processing times; the sequence above prevents rejection when you apply for remarriage or ID updates.

8) Enforcement and clean-up issues

Non-compliance by the other party (turnover, support, visitation): Move for execution; courts can issue writs, income garnishment, or contempt.
Third-party resistance (e.g., banks refusing to update): Present PSA-annotated civil registry docs + decree/EOJ; escalate to the institution’s legal/compliance desk.
Recording gaps (PSA copy still un-annotated): Bring LCR receiving copy and request the LCR to follow up its transmittal; if needed, file a letter-request or manifestation to the court to direct compliance/endorsement.

9) Special scenarios

Church annulment vs. civil annulment: A church decree has no civil effect unless there is a civil court judgment. If you need both, finish the civil track for state records/IDs.
Foreign judgments: If the annulment/nullity decree is foreign, file for recognition of foreign judgment in a Philippine court before the PSA will annotate.
OFWs / migrants: Consider executing a Special Power of Attorney so a representative can process LCR/PSA and agency updates locally.
Protection of children’s property: If children receive presumptive legitimes or property, set up bank accounts in trust, annotate titles, or constitute guardianship when needed.

10) Model documents you’ll likely need

Motion for Issuance of Decree (attach EOJ/Finality)
Liquidation and Partition Agreement (ACP/CPG) or Accounting/Allocation (Art. 147/148)
Manifestation/Compliance re: delivery of presumptive legitimes
LCR Letter-Request for annotation (list all attached CTCs)
Deed of Partition/Assignment (for property registries)
Implementation Agreement for custody/support (if not fully covered in decision)

11) Common pitfalls (and how to avoid them)

Updating IDs before PSA annotation. Wait for PSA-annotated copies; bring decree/EOJ as backup.
Ignoring property liquidation. Failure to liquidate/partition and deliver presumptive legitimes can later invalidate a subsequent marriage and block property transfers.
Relying on uncertified copies. LCR/PSA and agencies usually require CTCs; get several sets.
Assuming all children’s issues are automatic. If the judgment is silent on support, visitation, or schooling, move for clarification or file a separate petition.

12) Quick, printable checklist

Obtain Entry of Judgment/Finality
Secure Decree (CTCs, multiple sets)
Liquidate/Partition ACP/CPG or allocate under Art. 147/148
Deliver presumptive legitimes; file proof/acknowledgment
Record decree + orders with LCR (marriage place)
Verify PSA annotation; get PSA-certified copies
Update passport, PhilID, SSS/GSIS/PhilHealth/Pag-IBIG, BIR, LTO, PRC, COMELEC, bank/insurance, employer
Register property partitions with Registry of Deeds/Assessor
Implement custody/support/visitation orders
Secure PSA CENOMAR before remarriage

Final word

A court victory is not the administrative finish line. The decree, finality, liquidation/partition, delivery of presumptive legitimes, and civil registry annotation are the pillars that make your new civil status stick—so you can update government IDs, secure property titles, enforce custody/support, and, if you wish, remarry without legal landmines later.