Philippine law strictly prohibits collusion in petitions for declaration of nullity of marriage. Even if both parties want the marriage declared void, the court must independently determine that the legal grounds exist and that the evidence was not fabricated or orchestrated to obtain a favorable judgment.
The Supreme Court recently clarified a crucial rule on the nullity of marriage. In the recent case of Republic v. Ramoran-Wong, G.R. No. 276986. February 3, 2026, written by Associate Justice Maria Filomena D. Singh, the Court’s Third Division ruled that a husband and wife’s mutual desire to end their marriage does not automatically prove collusion. This ruling protects individuals seeking an annulment or a declaration of absolute nullity due to legitimate grounds, such as psychological incapacity, even when both parties want the marriage to end.
The case involves Ma. Theresa Ramoran-Wong and Vincent L. Wong, who met in 2010 and married on March 8, 2012, after Theresa became pregnant. Even before the wedding, Vincent lacked ambition, demanded money from Theresa for his vices, and threatened suicide when she tried to break up with him.
After the marriage, his behavior worsened as he engaged in constant drinking, cockfighting, and gambling, leaving Theresa without financial or emotional support. Vincent also subjected Theresa to physical, psychological, and economic abuse, publicly humiliating her and forcing her into violent sexual intercourse under threat of a weapon.
He completely neglected their son, Gian, prompting Theresa to work in Hong Kong as a domestic helper to support the child. During her time abroad, Vincent cohabited with another woman and fathered an illegitimate child. Unable to tolerate the continuous abuse and absolute neglect of marital duties, Theresa filed a petition for the declaration of nullity of their marriage.
During the trial, the wife presented testimonies from a clinical psychologist, the husband's father, and the husband's cousin. The husband presented no witnesses and did not oppose the petition. Despite the evidence of his abusive behavior, the Regional Trial Court dismissed the case. The court doubted the relatives' testimonies, noted the husband's willingness to grant the annulment, and ruled that the evidence did not sufficiently prove psychological incapacity.
The Court of Appeals reversed the Regional Trial Court's decision. The appellate court found sufficient evidence, including the psychological evaluation of both spouses, to prove psychological incapacity. The Office of the Solicitor General then appealed to the Supreme Court, arguing that the spouses had colluded to have their marriage declared void.
In a marital dispute, collusion involves a secret agreement between the spouses. To secure a legal split, the parties cooperate to fake or misrepresent facts, hide a marital offense, or manufacture grounds for legal separation or nullity. The Family Code strictly prohibits collusion. When a respondent fails to answer a petition, the law requires a public prosecutor to investigate whether the parties fabricated the case. If the prosecutor or the court finds clear evidence of a secret scheme to mislead the bench, the court must dismiss the petition immediately.
The Supreme Court disagreed with the state and upheld the Court of Appeals decision. The high court highlighted several critical boundaries regarding collusion and evidence in marriage dissolution cases. First, a spouse's lack of objection or agreement to the process is not a secret scheme to defraud the court. Mutual consent alone is not collusion. Second, a respondent's failure to file an answer or present evidence does not automatically establish collusion, meaning courts can decide the case purely on the merits of the petitioner's evidence. Third, severe marital conflict naturally leads relatives from both sides to testify, so courts cannot discount a relative's testimony simply because it favors the petitioner.
Navigating a complex marital dispute, a petition for annulment, or a declaration of absolute nullity of marriage requires expert legal guidance to safeguard your rights and well-being. At Cunanan Law Office, we specialize in family law and provide compassionate, strategic legal assistance to clients in Tarlac, Pampanga, and nearby provinces.
If you need trusted legal representation or an annulment lawyer, contact us today to schedule a comprehensive consultation with our experienced legal team. Reach out to our team today to schedule a legal consultation at Cunanan Law Office, Unit 10, Mr. Blue Building, MacArthur Highway, Brgy. Sto. Domingo 2nd, Capas, 2315 Tarlac, Philippines. You can also contact us by phone at +63 968 679 6617, via email at inquiries@mpeclaw.com, or visit our website at www.mpeclaw.com.