Signature Requirements in an Annulment/Nullity Petition (Philippines)

Philippine practice guide focused on who must sign what, how to swear and notarize when in the Philippines or abroad, what happens if signatures are missing or defective, and how to cure errors. Applies to petitions for declaration of nullity of void marriages and annulment of voidable marriages under the Family Courts and the Special Rule (A.M. No. 02-11-10-SC). General information only; not legal advice.

1) The three signatures you always need

Counsel’s signature on the pleading (the Petition itself)
- Certifies the pleading is filed in good faith and after reasonable inquiry; binds counsel to the case theory.
- Include counsel’s Roll No., IBP No., PTR No., MCLE compliance, law firm/office address, email, and phone as required by the amended Rules of Court.
- Missing counsel signature = unsigned pleading (a “scrap of paper”).
Petitioner’s signature on the Verification
- A sworn statement that the allegations are true and correct based on personal knowledge or authentic records.
- Must be signed by the petitioner (not merely by counsel), except in recognized substitutes (see §4).
Petitioner’s signature on the Certification Against Forum Shopping (CAF)
- A sworn certification that the petitioner has not commenced any other action involving the same issues in any court/agency/tribunal, and if one exists, its status; and that the petitioner will notify the court of any similar action that may later be filed.
- Must be personally signed by the petitioner. Counsel’s signature here does not usually suffice unless a valid specific authority exists (see §4.2).

Rule of thumb: Counsel signs the pleading; the party signs the Verification and the CAF.

2) Where the signatures go in the packet

Petition (body) – signed by counsel.
Verification – separate page or integrated at the end; signed by petitioner and subscribed and sworn before a proper officer.
Certification Against Forum Shopping – may be a separate page immediately following the verification; signed by petitioner and sworn.
Annexes – not ordinarily signed, but documents that are affidavits must themselves be sworn and signed by the affiants.

3) Notarization / swearing the Verification and CAF

3.1 If the petitioner is in the Philippines

Swear before a Notary Public or a court-authorized officer (e.g., Clerk of Court) with government ID.
Ensure the jurat or acknowledgment is complete: date, place, identity documents, notarial roll/page/series.

3.2 If the petitioner is abroad

Best practice: Execute before the Philippine Embassy/Consulate (consular notarization).
Alternative: Execute before a foreign notary and have the instrument apostilled (if the country is a Hague Apostille member). If not apostille-party, have it consularized by the PH Embassy/Consulate.
Use English or Filipino. If another language is used, attach a sworn translation.

3.3 Electronic/remote options

Some courts accept e-filing but remain strict that verification and CAF are sworn (wet-ink or valid e-notarization where authorized). When in doubt, submit wet-ink originals at the earliest opportunity.

4) When someone other than the petitioner may sign

4.1 Attorney-in-fact (petitioner unavailable)

Allowed if there is a Special Power of Attorney (SPA) that specifically authorizes the attorney-in-fact to sign the Verification and the CAF for the annulment/nullity case.
The SPA itself must be notarized (and apostilled/consularized if executed abroad). Attach it to the Petition.
The attorney-in-fact signs as such, and swears to personal knowledge or authentic records available to the principal and agent.

4.2 Counsel signing the CAF (exception, not the rule)

Generally not allowed. Courts dismiss petitions when only counsel signs the CAF.
Narrowly excused where: (i) there is a valid, specific written authority from the petitioner; and (ii) counsel explains why personal signing by the party was impossible at filing (e.g., medical incapacity, urgent deadlines). Even then, courts may require ratification by the petitioner at the earliest practicable time.

4.3 Petitioner with disability or unable to write

A thumb mark is acceptable if accompanied by two disinterested witnesses who also sign, and the notary recites compliance and identity verification.

4.4 Minors/guardians

Annulment/nullity must be filed by a spouse. If a spouse is legally incapacitated, a judicial guardian may act; the court typically requires prior guardianship authority. The guardian signs, attaching the authority.

5) Consequences of signature defects—and how to cure

5.1 Unsigned Petition (no counsel signature)

Treated as a mere scrap of paper; it produces no legal effect and does not stop prescriptive/reglementary periods.
Cure: File a properly signed Petition; some courts allow substitution within a brief period if raised early, but do not rely on leniency.

5.2 Defective or missing Verification

Usually a formal defect; courts may order correction or allow substantial compliance (e.g., later-filed verification) especially in cases involving public interest like family status.
Cure: File a motion to admit an amended petition with proper verification.

5.3 Defective or missing Certification Against Forum Shopping

Typically a jurisdictional or mandatory requirement; non-compliance is ground for dismissal.
Cure: If there is substantial compliance (e.g., petitioner inadvertently omitted a detail but had personally signed; or counsel signed with specific authority and promptly submitted the petitioner-signed CAF), courts may relax the rule in the interest of justice, but do not bank on it. Best practice is strict compliance at filing.

5.4 Defective foreign notarization

If not apostilled/consularized, the court may treat the verification/CAF as unsworn.
Cure: Submit a properly apostilled/consularized replacement and move for admission.

6) Content checkpoints tied to the signatures

6.1 Verification must state that:

The petitioner has read the Petition;
Allegations are true and correct based on personal knowledge or authentic records;
It is signed and sworn by the petitioner (or authorized signatory per §4).

6.2 CAF must state that:

The petitioner has not commenced any other action or claim involving the same issues in any court/tribunal/agency; or fully disclose any such case, its status, and parties.
The petitioner undertakes to inform the court within 5 days of knowledge of a similar action filed elsewhere.
It is personally signed and sworn by the petitioner (or by an attorney-in-fact with SPA expressly authorizing it).

7) Special rules unique to annulment/nullity practice (A.M. No. 02-11-10-SC)

No counterclaims or cross-claims are allowed; the State, through the public prosecutor (and OSG on appeal), participates to detect collusion and protect evidence. Your Petition’s verification remains crucial to establish good faith.
The Petition must contain particulars: date and place of marriage, facts constituting the ground (e.g., psychological incapacity particulars), residences of parties, children and their custody/support status—your verification covers these allegations.
Venue: Family Court where either spouse resides (include petitioner’s full residential address under counsel’s signature block for service).
Attachments often sworn: medical/psychological evaluations, police/barangay records, church records. These affidavits must also be properly signed and notarized (domestic or foreign rules as above).

8) Practical scenarios & answers

Q1: Petitioner is an OFW on board a ship—how can we file? A: Prepare the Petition; email verification + CAF for consular notarization at the next port with a PH post, or execute before a local notary and get it apostilled. File once originals are couriered. If urgent, file with a SPA-armed attorney-in-fact who signs the verification/CAF, then ratify upon the petitioner’s return.

Q2: Counsel signed the CAF by mistake—fatal? A: Move immediately to file an amended CAF personally signed and sworn by the petitioner, with an explanation. Courts sometimes relax the rule, but there’s real risk of dismissal—fix it fast.

Q3: We filed with an unsigned verification—can we cure? A: Many courts treat lack of verification as a formal defect—they may allow submission of a proper verification. Do it promptly via motion to admit.

Q4: Petitioner can’t write—what signature is acceptable? A: A thumb mark witnessed by two disinterested persons, properly notarized with a recital of the circumstances and ID checks.

Q5: Multiple petitions pending (custody elsewhere) — what do we disclose? A: Everything involving the same issues or related status/custody/support matters. Full disclosure in the CAF avoids sanctions for forum shopping.

9) Filing checklist (print-friendly)

Petition signed by counsel with Roll/IBP/PTR/MCLE, email, phone, and service address.
Verification signed by petitioner; sworn before PH notary/consul (or apostilled foreign notarization).
CAF signed by petitioner; sworn as above.
If signed by attorney-in-fact: attach SPA specifically authorizing signing of verification and CAF for this case; notarized and apostilled/consularized if abroad.
All affidavits (witness/psych reports) sworn and properly notarized.
Copies match the court’s required number; pay filing fees or secure indigency approval.
Personal data sheets/addresses of parties for service.
Proof of residence for proper venue.
Electronic copies ready if the court is on e-filing; prepare to submit wet-ink originals when required.

10) Clean templates (quick adapt)

10.1 Verification

I, [Name of Petitioner], of legal age, Filipino, residing at [Full Address], after having been duly sworn, depose and state:

I am the petitioner in the foregoing [Annulment / Declaration of Nullity] Petition.

I have read the Petition and attest that its allegations are true and correct based on my personal knowledge and/or authentic records.

I am executing this Verification to comply with the Rules of Court. [Signature of Petitioner] Subscribed and sworn… [Notarial jurat]

10.2 Certification Against Forum Shopping

I, [Name of Petitioner], certify that: (a) I have not commenced any action or claim involving the same issues in any court, tribunal, or agency; [or disclose particulars if any exist]; (b) To the best of my knowledge, no such action is pending; and (c) If I learn that a similar action is filed or pending, I shall inform this Honorable Court within five (5) days. [Signature of Petitioner] Subscribed and sworn… [Notarial jurat]

(If signed by attorney-in-fact, adjust captions and attach SPA.)

Bottom line

Counsel must sign the Petition; the petitioner must personally sign the Verification and the Certification Against Forum Shopping (sworn).
If abroad, consular notarize or apostille the sworn papers.
Strict compliance prevents dismissals; limited relaxations exist but are not guaranteed.
When someone else must sign, use a specific SPA and explain why, then ratify at the earliest opportunity.