In the realm of Philippine family law, specifically in petitions for the Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, procedural rules are strictly construed. A common point of confusion for litigants involves the specific requirement to file a responsive pleading—the Answer—upon being served with court processes.

Summons vs. Subpoena: A Critical Distinction

To understand the requirement to file an Answer, one must first distinguish between the two primary types of court orders a respondent might receive:

Summons: This is the document served upon the respondent (the spouse against whom the case is filed) notifying them that a petition has been filed. It attaches a copy of the petition and explicitly requires the filing of an Answer within a specific timeframe.
Subpoena: This is an order directed to a person to appear and testify (Subpoena Ad Testificandum) or to produce documents (Subpoena Duces Tecum) at a hearing.

While the user may refer to the initial notification as a "subpoena," the legal obligation to file an Answer is triggered specifically by the service of the Summons.

The Requirement to File an Answer

Under A.M. No. 02-11-10-SC (The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages), the respondent is required to file an Answer within fifteen (15) days from the service of summons. If the respondent is served via publication, the period is usually thirty (30) days from the last publication.

Formal Requirements of the Answer

The Answer is not merely a letter of protest. It must:

Be verified (signed under oath).
Specifically deny the allegations in the petition that the respondent believes are untrue.
Set forth the respondent's defenses.
Be filed with the court and served upon the petitioner and the Office of the Solicitor General (OSG) or the Provincial/City Prosecutor.

The "No Default" Rule in Family Law

In ordinary civil cases, if a defendant fails to file an Answer, the court may declare them in default and proceed to render judgment based on the petitioner's evidence alone. This does not happen in annulment or nullity cases.

Pursuant to Article 48 of the Family Code and Section 13 of A.M. No. 02-11-10-SC, the court is strictly prohibited from declaring a respondent in default. The rationale is the protection of marriage as an "inviolable social institution."

What Happens if No Answer is Filed?

If the respondent fails to file an Answer within the reglementary period:

The court will not immediately rule in favor of the petitioner.
The court shall order the Public Prosecutor to investigate whether collusion exists between the parties.
The Prosecutor will determine if evidence is being suppressed or manufactured.
If no collusion is found, the case proceeds, but the Prosecutor is mandated to appear for the State to prevent the fabrication of evidence.

Why Filing an Answer is Still Necessary

While the "No Default" rule offers a layer of protection, failing to file an Answer is a significant strategic disadvantage for the respondent for several reasons:

Loss of Right to Present Evidence: While the court will not "default" the respondent, the respondent who fails to file an Answer may lose the opportunity to present their own witnesses and evidence to counter the petitioner's claims.
Waiver of Defenses: Certain defenses (such as the statute of limitations for annulment) must be raised in the Answer, or they may be deemed waived.
Impact on Ancillary Issues: Annulment cases often involve child custody, support, and property dissolution. By failing to file an Answer, a spouse loses the primary vehicle for asserting their rights over their children or their fair share of the community property.

Conclusion of Procedural Flow

Upon receiving a Summons in an annulment or nullity proceeding, the respondent is legally obligated to respond. The Philippine legal system treats these cases with a high degree of scrutiny to ensure that the "State’s interest" in marriage is upheld. Even if a spouse does not wish to contest the separation, an Answer is the proper legal mechanism to ensure that the facts are accurately presented to the court and that rights regarding children and property are legally protected.