To God be Glory

MARCERA LAW OFFICE

An annulment is a complicated process. The authors of this article attempt to simplify a

Philippine annulment for laymen to help them navigate their way towards understanding the
legal procedure involved. This article should not be taken as legal advice and is meant only for
research and information.

STEP 1: READ UP ON THE PROCESS OF ANNULMENT.

There are readily available materials online dealing with the process of annulment. This will
give you an idea of what you are getting into and the experiences of others who have gone
through the process.

Your research at this preliminary stage should focus on the procedure, the choice of attorneys,
and the costs involved. Visit online attorney directories, read up on articles on annulment, and
if you have friends or relatives who have gone through an annulment, it may be a good idea to
talk to them so you could compare costs and an idea of the time required to complete the
process.

STEP 2: CHOOSE AN ATTORNEY

The choice of an attorney or lawyer is the most important part of the annulment process. Your
choice will determine your probable success and whether or not the legal services you are
seeking would match your financial budget and your timetable.

But how do you choose your attorney. For most people, it would be the first time they would
need to speak to a lawyer.

First and foremost, choose an attorney that you can trust. Avoid those who promise you the
moon and the starts just to get your business. Beware of websites and attorneys who promise
to get you an annulment in a few months time, or insist that you do not even have to appear in
court to get an annulment. These are telltale signs of a scam and that you are dealing with a
fixer.

The next consideration in your choice of an attorney is the cost which can vary depending on
the experience of the attorney , the issues involved such as child custody, support, or property
settlement.

Once you have narrowed your options to 3 or 4 lawyers, you are ready to schedule your
appointment and then make your final choice.

Do not forget to ask your attorney for a written contract which should indicate in detail the
terms and conditions of the handling of the case. Do not be afraid to ask your attorney
questions on the contract, which tend to be very legalistic. If needed, ask him to translate the
words for you. If an attorney refuses to reduce the agreement in writing or is not willing to
explain the terms and conditions to your satisfaction, walk away while you can.

STEP 3. THE PSYCHOLOGICAL EVALUATION.

After the initial consultation with your choice for an attorney and the signing of the contract,
the next step would be the psychological evaluation. In the Philippines, the ground for most
annulments (or more precisely, declaration of nullity of marriage) is psychological incapacity.

The scope of the psychological evaluation varies between psychologists. Some are more
thorough than others. Normally, it consists of written tests which will determine your
personality and an interview where you will be asked about your spouse and your marriage.

The psychologist and your attorney will ask you to make a marital history which will form the
basis of the petition and the psychological evaluation.

STEP 4. THE FILING OF THE PETITION.

After the written psychological evaluation is released by the psychologist, your attorney will
proceed to draft the petition which will be filed in court based on the facts that he gathered
from you during your initial consultation and the written psychological evaluation.

For those who reside abroad or are overseas workers, the petition can be filed initially without
the psychological evaluation . The psychological evaluation can be undertaken before your
testimony in court, but must still be submitted prior to the testimony of the psychologist.

Amat Curam Victoria

 To God be Glory
MARCERA LAW OFFICE

Once the petition is drafted, your attorney should submit it for your approval before finalizing
it. After all, you know your marital history and would be able to double check the facts.

When the petition is finalized, you would need to sign the affidavit of non forum shopping
which will be attached to the petition. If you are in the Philippines, the affidavit has to be sworn
before a notary public. If you are abroad, it may be signed before the nearest Philippine
consulate.

When the petition is filed in court, it will go through the process of being assigned to a judge by
raffle which is open to the public.

STEP 5. PRE-TRIAL AND COLLUSION INVESTIGATION.

When your case is received by the judge who was lucky enough to be picked in the raffle, it will
be scheduled for pre-trial . The court will also issue an order asking the prosecutor assigned to
the court to conduct a collusion investigation to determine if you and your spouse conspired to
file the petition for declaration of nullity of marriage. Philippine law does not allow for the
parties to agree to an annulment, unlike in some other countries where there is consensual or
a no-contest divorce.

During the pre-trial process, the judge will limit the issues involved in the case and may direct
the parties to also submit to a mediation to determine if they can agree on certain preliminary
issues like support, custody , or visitorial privileges.

STEP 6. TRIAL.

A trial of an annulment case normally involves three (3) main witnesses, the Petitioner (you),
the psychologist, and a corroborating witness ( a friend or relative who knew the couple while
they were married and has first-hand knowledge of the break-up). All witnesses will be subject
to the cross-examination of the prosecutor.

The respondent (the “ex”) is notified throughout the process and can appear to contest the
petition, although this is very rare.

STEP 7. THE DECISION.

After the witnesses are heard, the case is submitted for the decision of the court.

From the time the decision is rendered , there is a 15 day period from the latest receipt of any
party within which a motion for reconsideration can be filed.

If your annulment is granted, the OSG (Office of the Solicitor General) through the Public
Prosecutor can file a motion for reconsideration and appeal the case to the Court of Appeals. If
this happens, the annulment does not become final and you will have to wait next for the
decision of the Court of Appeals.

STEP 8. ANNOTATION WITH THE CIVIL REGISTRAR’S OFFICE.

If the annulment is granted, the Office of the Civil Registrar in the place where the marriage
took place has to annotate the decision of the court so anyone can check if the marriage was
truly rendered null and void.

ABOUT THE AUTHOR: De Borja Lamorena and Duano Law Offices

A full-service law firm with more than 40 years experience in the practice of Philippine law.

Amat Curam Victoria