In the Philippines, a marriage may be declared null and void through a judicial process known as the Declaration of Nullity of Marriage. Often mistaken for annulment, this process applies when a marriage is considered void from the beginning under Philippine law.
This comprehensive guide will walk you through the legal steps to file a petition for declaration of nullity of marriage in the Philippines, including the recognized legal grounds and court procedures. Whether you are considering this legal remedy or simply seeking to understand your options, this article will help you navigate the process with clarity and confidence.
GROUNDS FOR DECLARATION OF NULLITY
Under the Family Code of the Philippines, a marriage can be declared null and void based on the following grounds:
- Lack of parental consent by any party below eighteen (18) years of age, even with the consent of parents or guardians;
- Absence of authority of solemnizing officer;
- Absence of marriage license;
- Bigamous or polygamous marriages;
- Mistake of identity of one party by the other party
- Void marriages under Art. 53 of the Family Code;
- Psychological incapacity;
- Incestuous marriages; and
- Marriages void for reasons of public policy (Art. 38)
HOW TO FILE A CASE FOR DECLARATION OF NULLITY
Annulment and nullity of marriage cases must now be filed and served electronically. Beginning December 1, 2024, all filing and service of pleadings, motions, outgoing court documents, and other papers in civil cases in the trial courts must be done electronically through email, except for initiatory pleadings.
To file a case for annulment in the Philippines, the following steps must be taken:
- Determine the Grounds: Identify the grounds for declaration of nullity, whether it be lack of essential requisites, psychological incapacity, or void marriages.
- Prepare the Petition: Prepare a petition for declaration of nullity, which should include the grounds for the petition, the facts and evidence supporting the grounds, and the relief sought. The judicial affidavits of witnesses should be attached to the Petition.
- File the Petition: File the petition with the Regional Trial Court (RTC) of the province or city where the petitioner or respondent resides.
- Serve the Petition: Serve a copy of the petition on the respondent, who will have the opportunity to respond and contest the petition.
- Trial: Attend trial, where either or both parties will present evidence to support their respective claims.
- Judgment: Receive the judgment of the court, which will declare the marriage null and void if the grounds are proven.
Filing a case for declaration of nullity or annulment in the Philippines can be a complex and lengthy process. It is essential to understand the grounds for declaration of nullity and the steps involved in filing a case. It is also recommended to seek the advice of a lawyer who specializes in family law to ensure that the process is handled properly.
If you need assistance in preparing a petition for declaration of nullity or annulment in Pampanga, Tarlac, or any nearby provinces, you may contact the lawyers at Cunanan Law Office through inquiries@mpeclaw.com or at (+63) 976 385 6705.
This article is for informational purposes only and should not be considered as legal advice