Annulment Attorney

Matagal na pagliban ng asawa, maituturing na Psychological Incapacity ayon sa Korte Suprema

Ang matagal ng pagkawala ng asawa sa kanilang pamamahay ay maaring ituring na katibayan ng psychological incapacity na basehan para ipawalang-bisa ang kasal.

Sa Desisyon na isinulat ni Senior Associate Justice Marvic M.V.F. Leonen, pinawalang-bisa ng Korte Suprema ang kasal nina Leonora at Alfredo matapos mapatunayan na tumanggi si Alfredo na magbigay ng pinansyal na suporta sa kanyang pamilya at tuluyang iniwan si Leonora at kanilang mga anak simula 1994.

Napatunayan ding nagkaroon ng relasyon si Alfredo sa ibang mga babae.

Ayon sa Korte Suprema, nakasaad sa Article 68 ng Family Code na obligasyon ng mag-asawa na magsama, magpakita ng pag-ibig, respeto, at katapatan sa isa't isa, at magbigay ng tulong at suporta.

Ang pangangaliwa ni Alfredo, ang kanyang matagal na pagkawala sa tahanan at ang hindi pagbibigay ng suporta sa kanyang misis at anak ay nagpapakita na hindi nya naiintindihan ang kanyang mga obligasyon bilang asawa at ama.

SupremeCourtPH

PWEDE BA MAG SAMPA NG ANNULMENT KUNG WALA OR NASA ABROAD ANG ASAWA AT HINDI MA LOCATE?
YES. Matutuloy ang Annulment Case kahit walang permiso,walang pirma o Absent ang sinampahang asawa ng kaso.Ang mahalaga ay merong ground ang nag sampang asawa at napatunayan ito ng kanyang ebidensya sa korte.
Ang mahalaga lamang sa proseso ng annulment of marriage ay mapadalhan ng “Summons” ang isang order ng korte kung saan inuutusan ang sinampahang asawa na sagutin ang mga paratang sa kanya sa loob ng 10 days mula sa pagkatanggap ng summons,kung ang summons ng korte ay hindi mapadala sa sinampahang asawa dahil hindi sya ma locate sa kanyang address o siya ay nasa abroad o ang kanyang kinaroroonan ay hindi alam ng nagsampang asawa, ang service of summons ay pwedeng gawin sa pamamagitan ng pag publish ng petition at ng summons sa once a week for two consecutive weeks in a newspaper of general circulation in the Philippines, and in such places as the court may order. At kasama dito ang pagpapadala sa sinampahang asawa at his/her last known address by registered mail.Pagkatapos ma i publish ang petition at summons sa newspaper ay pwede na mag diretso ang proseso ng annulment kahit wala o absent ang sinampahang asawa.

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“PARA SA MGA NASA ABROAD”
TANONG: “Balak ko po mag file ng annulment of marriage pero nasa abroad ako,kailangan ba nasa hearing ako sa Pilipinas at ilang months ba ang required na nasa Pilipinas ako o days lamang ba. Please enlighten me Atty para masimulan ko na po?"

SAGOT: Ang annulment of marriage at declaration of nullity of marriage ay isang proseso sa korte kung saan required na magpakita o mag-appear ang taong nagsampa nito o ang petitioner at magpresenta ng evidence niya sa harap ng korte sa kanyang hearing.

Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed. In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgement.

Ang pagprepresenta ng petitioner o nagsampang asawa ay tinatawag na "trial proper" at pwedeng ischedule ng abogado sa kanyang vacation at hindi siya required na magtagal sa Pilipinas. Ang mahalaga ay dumating ang petitioner sa araw na tinakda ng abogado niya para sa pagpresenta niya ng evidence at pagbigay niya ng testimonya sa korte upang patunayan ang kanyang mga alegasyon sa petition for annulment of marriage. Kung natapos na siya magbigay ng testimoniya sa korte under direct examination at siya ay nacross examination na ng Fiscal/Public Prosecutor, pwede na agad siya umalis ng Pilipinas at bumalik sa bansa kung saan siya nakatira/nagtratrabaho.

Bibigyan din ng korte ng notice at pagkakataon ang iyong inihablang asawa na magpresenta ng kanyang ebidensiya. Pagkatapos nito ay, magdedesisyon na ang korte. Kung ang decision ng korte ay para sa annulment, kailangang maging final and executory ito. Mayroon 15 days ang iyong asawa, fiscal o OSG na magfile ng Motion for Reconsideration at i-apela ang desisyon sa Court of Appeals at kung hindi, magiging final and executory ito after 15 days mula sa pagtanggap ng decision ng korte.

Kailangan ba na present ang petitioner sa paglabas ng desisyon sa annulment of marriage at declaration of nullity of marriage?

Hindi. Ang desisyon ay pinapadala ng korte sa pamamagitan ng postal office sa address ng petitioner at hindi na kailangan ang presensiya niya sa Pilipinas. Kailangan lamang na ito ay mareceive ng petitioner's counsel upang maging final ito pagkatapos ng 15 days mula sa pagkareceive ng OSG at respondent ng desisyon.

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Feeling stressed? You don't have to face it alone. Talk to a Licensed Lawyer via Zoom or Messenger Video Call .Get the support you need from the comfort of your own home.
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Interested kindly email your resume @
[email protected]

Are you currently going through a Annulment ?
Do you have concerns about your children, your assets or your income?
Talk to our Licensed Lawyer via Zoom or Messenger Video Call .
Get the support you need from the comfort of your own home.
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What Are the Grounds for Annulment in the Philippines? In the Philippines, there are six grounds for annulment:
1. ABSENCE OF PARENTAL CONSENT FOR 18-21 YEARS OLD FILIPINOS. The lack of permission from the parents. A wedding ceremony took place in which either one of the parties was at least eighteen years old but was still under the age of twenty-one, and neither set of parents, guardians, or other adults with parental or substitute parental authority gave their assent. It is required that the Petition for Annulment be submitted within five years of the individual reaching the age of twenty-one. However, if either of the parties freely cohabited with the other as husband and wife after reaching the age of twenty-one, an annulment petition can no longer be filed in the state where the marriage took place.
2. MENTAL ILLNESS OR PSYCHOLOGICAL INCAPACITY. Mental illness or the inability to function psychologically is a grounds for annulment. At the time of the marriage, either one of the parties involved had an unstable mental state. However, the law forbids the filing of a petition in the event that the parties voluntarily cohabited with each other after the individual came to their senses.
3. FRAUD. That the consent of either party was obtained by deception, unless the person in question freely cohabited with the other as husband and wife after becoming aware of the deception and having it exposed to them. After learning the details of the fraud, the petition has to be submitted within five days at the latest.
4. COERCION, INTIMIDATION, AND UNDUE INFLUENCE. That the consent of either party was gained via the use of coercion, intimidation, or improper influence. Except in the case where the unlawful cohabitation has ended and the party submitting the petition has freely cohabited with the other individual in the capacity of husband and wife. The party who has been harmed must submit their claim within five years of the date on which the use of force, intimidation, or improper influence ceased or ceased to be an issue.
5. PHYSICAL INCAPACITY. Either one of the parties was unable to physically consummate the marriage, and this inability has persisted over the course of the marriage and looks to be irreversible. The petition to annul a marriage needs to be submitted within the first five years after the marriage has taken place.
6. INCURABLE SEXUALLY TRANSMITTED DISEASE At the time of the marriage, either one of the parties was suffering from a sexually transmitted disease (STD) that has been determined to be severe and appears to be untreatable. It’s possible that this also constitutes fraud. The petition to annul a marriage needs to be submitted within the first five years after the marriage has taken place.

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DO NOT BE A VICTIM❗IF ANYBODY PROMISES TO YOU A NON-APPEARANCE OR NO HEARING, IT IS A SCAM.
THE PETITIONER NEEDS TO APPEAR IN COURT DURING PRE TRIAL TO TESTIFY...

ANNULMENT PROCESS in the PHILIPPINES:
Step #1: CHOOSE YOUR LAWYER
When you are 100% sure that you would like to continue with the annulment, you need to choose an attorney who will handle the case for you.
The lawyer you choose should be able to execute a contract detailing the terms and conditions of handling your case. Ask questions and clarify anything that is unclear to you. It would help to have someone with you who can interpret legal jargons and is used to reading lengthy contracts and agreements.
STEP #2:PSYCHOLOGICAL EVALUATION
Now that you have a lawyer, you will be required to undergo a psychological evaluation to determine your personality and how this translates to the case you are about to file. Remember, in the Philippines, most annulments are grounded on psychological incapacity, for lack of something worse you can charge your legal spouse.
It is also during the psychological evaluation when you will be asked to narrate your marital history and effectively, draft the basis of the petition and psychological evaluation.
In short, your petition will be drafted in the presence of your lawyer and a psychologist. So effectively, you will be paying for two professionals right at the onset of the annulment process.
STEP #3: FILING THE PETITION
Your annulment petition will be drafted by your lawyer after the psychologist has released his evaluation. Your lawyer should send the draft to you for your review and approval before he submits it to court. You would need to sign the affidavit of non-forum shopping and this will be attached to the petition. Check that all documents are duly notarized before submission to court.
Once submitted, your case will be assigned to a judge by public raffle.
STEP #4: PRE-TRIAL AND COLLUSION INVESTIGATION
When a judge has been identified to handle your case, it will be scheduled for pre-trial.
An annulment must not be a conspiracy between the spouses involved; meaning, the court needs to prove that only one of the two parties is voluntarily filing the annulment. The court will need to establish this through a collusion investigation.
Meanwhile, the judge will limit the issues involved in the case and require the parties involved to submit to a mediation. This is where child support, custody, and visitorial privileges are discussed.
STEP #5: TRIAL
The three witnesses involved in an annulment trial are:
•The Petitioner
•The Psychologist
•A corroborating witness (this could be a friend or relative who knows the couple personally and is aware of the petitioner’s desire to break up the marriage).
•The Respondent (or the ex-wife or husband) shall receive a notification of the annulment process. Respondents seldom appear to contest the petition.
STEP #6: DECISION
After all witnesses have taken the stand, the case is submitted for the decision of the court.
There will be a 15-day period for a motion for reconsideration to be filed; this shall begin from the time the decision is rendered and is received by either party.
If the annulment is granted, the Office of the Solicitor General can file a motion for reconsideration and appeal the case to the Court of Appeals. An annulment is not final until the decision of the Court of Appeals is released.
STEP #7: ANNOTATION WITH THE CIVIL REGISTRAR’S OFFICE
The LCR where the marriage took place has to apply the necessary annotations on the ex-couple’s marriage certificate. When any of the parties request for a copy of their old marriage certificate, the decision of the court should be clearly printed on the document, as proof that the marriage has been rendered null and void.
Both parties will need the annotated copy of the marriage certificate as proof that they are now free from the bounds of their marriage and may choose to re-marry or, in the case of the ex-wife, revert to her maiden last name in all of her IDs and other documents.

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There are some circumstances under which a marriage can be annulled or void, but these are very specific set of circumstances.
A marriage can be annulled if it was never legally valid in the first place, OR if the marriage was legally valid but meets one of the criteria for making it voidable.

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Common Question: MAAAPROBAHAN BA ANG ANNULMENT NG WALANG PIRMA NG ASAWA?

Oo. ANG REQUIREMENT LAMANG SA PROSESO NG ANNULMENT OF MARRIAGE O KAYA DECLARATION OF NULLITY OF MARRIAGE O PAGPAPAWALANG BISA NG KASAL AY MAKATANGGAP NG SUMMONS ANG ASAWA NA SINAMPAHAN NG KASO UPANG MAGKAROON NG JURISDICTION ANG KORTE SA KANYA. KAHIT HINDI SIYA PUMIRMA SA SUMMONS, ANG PROSESO AY MATUTULOY SA PAMAMAGITAN NG SUMMONS BY PUBLICATION KUNG SAAN ANG SUMMONS AT PETITION AY PINAPAPUBLISH SA NEWSPAPER OF GENERAL CIRCULATION.

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DECLARATION OF NULLITY -Can Remarry
ANNULMENT - Can Remarry
LEGAL SEPARATION - CANNOT Remarry
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Void ab initio marriages even in the absence of Judicial Declaration from court is a Defense in criminal case for Bigamy.

“parties are not required to obtain a judicial declaration of absolute nullity of a void ab initio first and subsequent marriages in order to raise it as a defense in a bigamy case.”

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G.R. No. 220149 LUISITO G. PULIDO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT

PARA SA INYONG MGA KATANUNGAN GAYA NG :
1. Matagal ng hiwalay - pwede na ba itong reason para mawalan ng bisa ang kasal?
SAGOT: WALA pong expiration ang kasal. Tanging korte lamang ang makapagbibigay ng desisyon kung ang inyong kasal ay NULLED and VOID.

2. May pirmahan sa Barangay/Police station - maaari na ba itong panghawakan at mag asawa muli?
SAGOT: HINDI. Kailangan nyo pa rin dumaan sa korte para mapawalang bisa ang kasal.

3. Libre na daw ang annulment kapag church wedding - maari na ba ulit magpakasal kapag na annulled ang church wedding?
SAGOT: Iba po ang annulment sa simbahan, kakailanganin nyo pa rin mag file ng annulment sa korte para maideklarang Nulled and Void ang inyong kasal.

4. Nag asawa na ang una kong asawa at may bago na syang pamilya, matagal na kaming hiwalay. Kailangan ko pa ba ipa annuled?
SAGOT: Maari mo silang kasuhan ng Adultery at Concubinage, at kung sakali na nagkasal ulit ang asawa mo, maari mong idagdag sa kaso ang Bigamy. Ito ang gagawin mong tools para makapag file ka rin ng nullity of marriage.

Sana po ay inyong maintindihan na kailangan natin idaan sa legal process ang lahat, wag po maniwala na pwede ipabura sa NSO/PSA ang record. Digital age na po tayo ngayon, wag po basta maniwala sa sabi-sabi at sa mga DAW. Mag ingat po sa mga SCAM.
Maari po kayong pumunta sa aming opisina.
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Cuerdo Brondial Espinas Rojano & Associate is looking for an Assistant Executive Secretary

(Located at Pasay City)

Requirements:
-Atleast 2nd yr College
-Organized
-preferably with experience in filing and service in courts
-computer literate
-basic english command
-basic business communication skills

Benefits:
-Minimum wage
-free lunch
-Opportunity to travel

For interested applicants
Kindly email your resume at
[email protected]

PWEDE BA ANG NON APPEARANCE SA ANNULMENT?
Ang pag file ng annulment of marriage ay personal, kayo mismo ay magtestify sa Court during hearing at required po ito. Kung may nagaalok sa inyo ng non appearance na annulment magingat po kayo baka maloko kayo o makasuhan.

A non-appearance annulment is illegal. You will be required to testify in court in person.This is not automatic and needs the approval of the court.

The law provides for the creation of Shariah courts in the Philippines and allowed for DIVORCE among Muslims , or when the husband is Muslim, and the marriage was celebrated under Muslim rites. This law is the only DIVORCE Law in the Philippines and remains in full force and effect.

Quick links if you need to apply for the following PHILIPPINES GOVERNMENT VALID IDs:
✅ Driver's License → http://bit.ly/2Mt69W0
✅ OFW ID → http://bit.ly/30nYkV2
✅ Passport → http://bit.ly/30lv4Oy
✅ PhilHealth ID → http://bit.ly/2P22nVH
✅ Postal ID → http://bit.ly/2ZkHmWs
✅ PRC ID → http://bit.ly/2P1gVVJ
✅ SSS UMID → http://bit.ly/2KMptfb

WHO GETS A PRENUPTIAL AGREEMENT?
For some people, prenups are strange. The concept of marriage is to have someone to love and live with them for the rest of your life, and the idea of prenup is to have a clear distinction on how to get what if their marriage ends. However, some people need prenups.

If one of you has a massive debt over the other, it is more beneficial to have a prenup. Even debt can be passed down to one person once married to the point where you still have to pay the debt if the marriage ends. Having a prenup stops you from bearing that responsibility.

On the other hand, if one of you is significantly wealthier, a prenup may be brought to the table. Some wealthy families like to keep their assets to their bloodline if an annulment occurs. They also do prenups to protect their properties from people who will intentionally marry a person for the assets they might get once annulled.

And in some instances, a couple where both people have their own business usually get a prenup. The prenup is signed so their business will not become a marital property that will be divided if the marriage ends.

If both parties have children from previous relationships, prenups will ensure their children will inherit their properties if they suddenly pass. Prenups also prevent disputes on inheritance.

Having a prenup in the Philippines is easier than it looks. Aside from lawyers’ fees, you would only have to pay a few fees when having a prenup. Here are the steps in having a prenup with your partner:

1.Discuss the prenuptial agreement with your partner, then write the clauses you want to include.
2.Draft your prenuptial agreement by writing the form of agreement, the properties you want to keep, and a general prenuptial agreement covering both individuals.
3.Seek a lawyer to put the agreement into writing. This way, the agreement will be formal and will be reviewed. It is better if you both have a personal lawyer that will review the prenup as the prenup is being formally written.
4.Sign the prenup with two witnesses.
5.Get the prenup notarized to your local registry and the Registry of Deeds.

WHAT ARE THE REQUIREMENTS FOR FILING A PETITION FOR RECOGNITION OF DIVORCE HERE IN THE PHILIPPINES?
1. Certificate of marriage from the Philippine Statistics Authority (PSA)
2. Authenticated Divorce Decree
3. Foreign Law with divorce in the country of the foreign national.
4.Certification from the City Civil Registry office
- this is proof that the divorce decree was filed at the city civil Registry office.
You must file a case with the REGIONAL TRIAL COURT and you need a Lawyer to prepare and handle the case.

ANO ANG MGA REQUIREMENTS SA PAG FILE NG PETITION FOR RECOGNITION OF DIVORCE DITO SA PILIPINAS?
1. Certificate of marriage na galing sa Philippine Statistics Authority (PSA)
2. Authenticated Divorce Decree
3. Foreign Law na my divorce sa bansa ng national na banyaga.
4.Certification na galing sa City Civil Registry office
- ito ay katunayan na nai-file ang divorce decree sa city civil Registry office.

PARA SA INYONG MGA KATANUNGAN GAYA NG :
1. Matagal ng hiwalay - pwede na ba itong reason para mawalan ng bisa ang kasal?
SAGOT: WALA pong expiration ang kasal. Tanging korte lamang ang makapagbibigay ng desisyon kung ang inyong kasal ay NULLED and VOID.

2. May pirmahan sa Barangay/Police station - maaari na ba itong panghawakan at mag asawa muli?
SAGOT: HINDI. Kailangan nyo pa rin dumaan sa korte para mapawalang bisa ang kasal.

3. Libre na daw ang annulment kapag church wedding - maari na ba ulit magpakasal kapag na annulled ang church wedding?
SAGOT: Iba po ang annulment sa simbahan, kakailanganin nyo pa rin mag file ng annulment sa korte para maideklarang Nulled and Void ang inyong kasal.

4. Nag asawa na ang una kong asawa at may bago na syang pamilya, matagal na kaming hiwalay. Kailangan ko pa ba ipa annuled?
SAGOT: Maari mo silang kasuhan ng Adultery at Concubinage, at kung sakali na nagkasal ulit ang asawa mo, maari mong idagdag sa kaso ang Bigamy. Ito ang gagawin mong tools para makapag file ka rin ng nullity of marriage.

Sana po ay inyong maintindihan na kailangan natin idaan sa legal process ang lahat, wag po maniwala na pwede ipabura sa NSO/PSA ang record. Digital age na po tayo ngayon, wag po basta maniwala sa sabi-sabi at sa mga DAW. Mag ingat po sa mga SCAM.
Maari po kayong pumunta sa aming opisina.
Pm for inquiries...

Our Legal Team help you to handle issues with best possible outcome.
Kindly contact us and one of our legal team will set up a time for someone from our firm to meet with you about your case.

You can avail our legal advice through any of the following means:
✓ By booking an online consultation via messenger video call or zoom
✓ By visiting our office by appointment.

Send us a message