Procedure in Filing an Annulment of Marriage in the Philippines

Preparation and Filing of the Petition

Service of Summons

Answer

Investigation Report of Public Prosecutor

Pre-trial Conference

Appeal

The petition may file at the option of the petitioner spouse in the Family Court of the province or city where the petitioner or the respondent spouse resides at least 6 months prior to the date of filing, or in the case of a non-resident respondent, where he/she may be found in the Philippines.

This is giving notice to the respondent. It is the manner of how the court can acquire jurisdiction over the person. This is crucial because the court cannot validly proceed without service of summons.

The respondent must answer within 15 days from service of summons or within 30 days case of service of summons by publication.

The public prosecutor prepares a report on whether there is collusion between the parties. If collusion exists, the court will dismiss the case.

The court and the parties deal with certain matters, such as stipulation of facts, for the purpose of expediting the proceedings. The petition may be dismissed if the petitioner fails to appear during pre-trial.

The court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case.

After the trial proper, the court renders its decision, a decision, whether granting or dismissing the petition, becomes final upon the expiration of 15 days from notice to the parties.

Trial

Decision

The aggrieved party or the Solicitor General may appeal from the decision within 15 days from notice of denial of the motion for reconsideration or new trial.

Liquidation, Partition and Distribution, Custody, Support of Common Children and Delivery of

Their Presumptive Legitimes

Issuance of Decree of Annulment

Registration of the Decree

These are done upon entry of the judgment granting the petition

The court issues the Decree after: (i) registration of the entry of judgment granting the annulment in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the court is located; (ii) registration of the approved partition and distribution of the properties of the spouses in the proper Register of Deeds where the real properties are located; and (iii) delivery of the children’s presumptive legitimes in cash, property, or sound securities.

The Decree must be registered in the Civil Registry where the marriage was registered, the Civil Registry of the place where the court is situated, and in the National Census and Statistics Office.