A.M. No.

02-11-10-SC            
March 4, 2003
RE: PROPOSED RULE ON
DECLARATION OF ABSOLUTE
NULLITY OF VOID MARRIAGES
AND ANNULMENT OF VOIDABLE
MARRIAGES
Petition for
Annulment of
Voidable Marriage

Claudia Martina Espinosa (Group 2)

Petition for Annulment of Marriage of Voidable Marriage
Art. 4, Family Code states that “xxx A defect in any of the essential requisites shall render the
marriage voidable as provided in Article 45.”

Grounds for Annulment [Art. 45, FC]

a. Lack of parental consent (18 ≤ x < 21 without parental consent);

b. Insanity;

c. Fraud (in relation to Article 46, exclusive list);

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving
moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man
other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the
marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the
time of the marriage.

d. Force, intimidation or undue influence;

e. Impotency; or 2
Section 3. Petition for annulment of voidable marriages. -
(a) Who may file. - The following persons may file a petition for
annulment of voidable marriage based on any of the grounds under
article 45 of the Family Code and within the period herein indicated:
1. Party 18 years old or above but below 21 years old; parent or
guardian who did not give consent
2. Sane spouse with no knowledge of the other’s insanity; legal
guardian of the party; Insane party;
3. Injured (defrauded party);
4. Injured party;
5. Potent spouse; and
6. Injured (healthy party)

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Where to file?

Section 4. Venue. - The Petition shall be

filed in the Family Court of the province or
city where the petitioner or the respondent
has been residing for at least six months
prior to the date of filing. Or in the case of
non-resident respondent, where he may be
found in the Philippines, at the election of
the petitioner.

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 Section 5. Contents and form of petition. -

1. complete facts constituting the cause of action.

2. state the names and ages of the common children of the

parties and specify the regime governing their property
relations
Provisional order – spousal support, custody and support of
common children, visitation rights, administration of
community or conjugal property
3. verified and accompanied by a certification against forum
shopping; personally, and no petition may be filed solely by
counsel or through an attorney-in-fact.
Petitioner in a foreign country, verification and CAFS
shall be authenticated by the duly authorized officer of the
Philippine embassy or legation, consul general, consul or vice-
consul or consular agent

4. filed in six copies (Office of the Solicitor General and the

Office of the City or Provincial Prosecutor), within five days
from the date of its filing and submit to the court proof of
such service within the same period.

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 Petition for Annulment of Marriage of Voidable Marriage
Venue. The Petition shall be
filed in the Family Court of
the province or city where the
petitioner or the respondent
has been residing for at least Civil Case: Petition for
six months prior to the date Annulment of Voidable
of filing. Or in the case of Marriage
non-resident respondent,
where he may be found in the
Philippines, at the election of
the petitioner.

Should allege the complete

Who may file – Petitioner
facts constituting the cause
(defrauded party)
of action.

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 Petition for Annulment of Marriage of Voidable Marriage

Provisional order – spousal

names and ages of the
support, custody and support
common children of the
of common children,
parties and specify the
visitation rights,
regime governing their
administration of community
property relations
or conjugal property

Prayer – includes the reliefs

sought for

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Petition for Annulment of Marriage of Voidable Marriage
Petitioner in a foreign
verified and accompanied by
country, verification and
a certification against forum
CAFS shall be authenticated
shopping; personally, and no
by the duly authorized officer
petition may be filed solely
of the Philippine embassy or
by counsel or through an
legation, consul general,
attorney-in-fact.
consul or vice-consul or
consular agent

Jurat

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 Petition for Annulment of Marriage of Voidable Marriage

Additionally, OCA published

an additional guideline with
reference to the requirements
of Section 5 of A.M. No. 02-
11-10-SC and Section 2(b) of
A.M. No. 02-11-11-SC

…petitioner shall state the

complete address of the
parties in the petition (i.e.
house number, street,
purok/village/subdivision,
barangay, zone, town, city,
and province);

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Petition for Annulment ofIn Marriage
view of the foregoing, petitioner shall attach
Additional attachments:
1. Sworn certification of
residency
2. Counsel’s verified
statement
3. Supporting documents
Supporting Documents:
i. Utility bills
ii. Government issued ID or
company ID with address
iii. Notarized lease contract
iv. TCT or Tax Declaration
of Voidable Marriage
the
following: (1) sworn certification of residency (with
house location sketch) issued by the barangay; (2)
sworn statement of counsel of record that he/she has
personally verified petitioner’s residency and that the
petitioner had been residing thereat for at least six (6)
months prior to the filing of petition; and (3) any but not
limited to the following supporting documents:
i. Utility bills in the name of the petitioner for at least
six (6) months prior to the filing of the petition;
ii. Government-issued I.D. or Company I.D., bearing the
photograph and address of the petitioner and issued
at least six (6) months prior to the filing of the
petition;
iii. Notarized lease contract, if available, and/or receipts
for rental payments (bearing the address of the
petitioner) for at least six (6) months prior to the
filing of the petition;
iv. Transfer Certificate of Title, or Tax Declaration, or
Deed of Sale and the like, in the name of the
petitioner where he/she resides;
 
If the petition is filed by the petitioner without counsel
and a counsel subsequently appears, said counsel shall
submit, together with the formal entry of appearance,
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an affidavit of verification of residency of the petitioner.