I. Introduction: The Reality of Marriage Dissolution in the Philippines
Some marriages aren’t meant to last forever. In fact, the law may even recognize that certain marriages should never have existed in the first place. Married life can be challenging, and it becomes even more difficult when the relationship began under unhealthy circumstances such as coercion, deeply rooted psychological issues, or persistent and harmful conflicts.
For those who want to formally end their marriage in the Philippines, the process is strictly judicial. It is not based on the decision of the parties, but on the decision of the court. Since the country does not recognize divorce, the only legal remedies available are Annulment or Declaration of Nullity of Marriage. Each path has specific grounds, rules, and evidence requirements.
Navigating this process demands careful attention and a solid understanding of the law. Even small procedural errors can prolong an already lengthy timeline, increase costs, or result in the dismissal of a petition. This guide helps you understand the landscape before you take that first important step.
The Crucial Distinction: Annulment vs. Declaration of Nullity
Many people casually use the word “annulment” to describe ending a marriage, but the law makes a clear distinction. In reality, most marital dissolution cases today involve a Petition for Declaration of Nullity of Marriage, not an annulment. Understanding the difference helps clients know which legal remedy applies to their situation.
- Declaration of Nullity (Void Marriage).
These are marriages that were void ab initio, meaning they were never valid from the very beginning in the eyes of the law. As per experience, the common grounds clients raise include a bigamous marriage[1], a missing marriage license[2], an unauthorized solemnizing officer[3], or the often-relied-upon ground of psychological incapacity under Article 36 of the Family Code.[4]
- Annulment (Voidable Marriage).
These are marriages that were valid at the beginning but have specific defects that allow them to be annulled. Examples include fraud, force or intimidation, lack of parental consent (for those aged 18–21 at the time of marriage), or physical incapacity.[5]
The difference matters for one major reason: the timeline for filing.
A void marriage may be questioned at any time because, legally speaking, it never existed. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.[6] In contrast, a voidable marriage must be challenged within a limited period, typically four to five years from the discovery or cessation of the defect.[7]
To understand these categories more deeply and see real-world examples, refer to this companion article: When a Marriage Never Existed vs. When It Can Still Be Fixed.
Why a Court Decree is Non-Negotiable
Separation alone, no matter how long, does not end a marriage in the Philippines. Only a final and executory court decree—whether for Annulment or Declaration of Nullity—can legally dissolve the marital bond.[8] The parties cannot end their marriage by themselves. It must be through a court decision or “Judicial Decree.” This decree is also required to settle the property regime and restore each spouse’s capacity to remarry. Without it, any later marriage is considered bigamous and void. A successful Nullity or Annulment proceeding provides complete legal and financial dissolution.
This legal requirement is not optional; it is the only path recognized under Philippine law. For a deeper explanation of why a judicial declaration is indispensable, see Why You Need a Court Decree to Void a Marriage in the Philippines.
The following table summarizes the key legal differences between the two judicial processes:
| Feature | Declaration of Nullity (Void Marriage) | Annulment (Voidable Marriage) |
| Legal Basis | Marriage never existed (void ab initio). | Marriage is valid until annulled by a court. |
| Key Grounds | Psychological Incapacity (Art. 36), Bigamy, Lack of License, Under 18. | Fraud, Force/Intimidation, Lack of Parental Consent (18-21), Impotence, STD. |
| Prescriptive Period | None (can be filed anytime). | Must be filed within a specific time (e.g., 4 or 5 years) depending on the ground. |
| Children’s Status | Generally Illegitimate (exceptions: Art. 36, Art. 52-53,[9] children are legitimate). | Legitimate. |
II. Establishing the Legal Grounds (Requirements)
The success of any petition rests on one thing: proving a legally recognized ground that makes the marriage either void or voidable.
A. Declaration of Nullity and Psychological Incapacity (Void Marriages)
Void marriages suffer from defects so fundamental that the law treats them as if they never existed. Aside from the absence of essential or formal requisites under Article 35, the Family Code identifies other situations that invalidate a marriage. These include incestuous unions,[10] marriages prohibited for reasons of public policy[11], and subsequent marriages contracted without first securing a judicial declaration of presumptive death of the absent spouse[12].
Psychological Incapacity (PI) under Article 36 of Family Code is the most commonly invoked ground for nullity today. A marriage can be declared void if one spouse was psychologically incapacitated at the time of the wedding to perform essential marital obligations of mutual love, respect, and support. Either of the spouses must possess a “personality structure,” which manifests itself through clear acts of dysfunctionality that undermine the family.[13]
B. The Tan-Andal Doctrine and Modern Interpretation
The Supreme Court’s landmark ruling in Tan-Andal v. Andal (2021)[14] reshaped how courts understand and evaluate Psychological Incapacity. The decision firmly established that PI is a legal concept rather than a clinical or medical disorder. This shift eased the evidentiary burden on petitioners and modernized how judges assess marital dysfunction. Readers who want a deeper explanation may refer to Understanding Psychological Incapacity in the Philippines.
One of the most significant effects of Tan-Andal is that expert testimony is no longer indispensable. Courts now accept “clear and convincing evidence” from lay witnesses, focusing on the spouse’s enduring personality structure rather than on a medical diagnosis. This change often reduces the financial cost of filing a petition, since psychological evaluations and expert appearance fees typically range from ₱20,000 to ₱50,000. Litigation strategy now hinges on how effectively counsel can present credible, detailed testimony describing persistent and deeply rooted behavior patterns.
Petitioners must still prove the three juridical elements of Psychological Incapacity, but the Court now interprets these through a non-medical lens:
- Juridical Antecedence. The incapacity must have existed at the time of the marriage. It can manifest only later, but its roots must predate the wedding. This element may be shown through testimony about the spouse’s upbringing, family dynamics, or long-standing behavioral patterns.
- Incurability (Legal Sense). The incapacity must be so enduring and persistent that it makes fulfilling essential marital obligations impossible. The Court emphasizes that the incapacity must lead to the inevitable and irreparable breakdown of the marriage.
- Gravity. The condition must arise from a serious psychic cause. Minor quirks, occasional mood swings, immaturity, or simple refusal to perform duties do not qualify.
The Tan-Andal doctrine also reinforces the need for careful case evaluation. Acts such as infidelity, abandonment, or irreconcilable differences do not automatically amount to Psychological Incapacity. Counsel must demonstrate that these behaviors are manifestations of a deep-seated personality structure that renders the spouse truly incapable of performing essential marital obligations. A fuller discussion of these strategic implications is available in Psychological Incapacity and Nullity of Marriage in the Philippines.
C. Annulment Proper (Voidable Marriages)
Annulment petitions require proving one of the following specific grounds, all of which are subject to strict prescriptive periods:
- Lack of parental consent (if the party was 18–21), filed within five years after reaching 21.[15]
- Insanity, filed by the sane spouse before the insane spouse recovers, by relatives/guardian, or the insane spouse during a lucid interval—before either dies.[16]
- Fraud, provided the injured party did not freely cohabit after the fraud was discovered for a period of 5 years.[17]
- Force, intimidation, or undue influence provided the injured party did not freely cohabit after the coercion ceased for a period of 5 years.[18]
- Physical incapacity (impotence or being physically unable to consummate the marriage), provided the incapacity continues and is incurable, and filed within 5 years from the marriage.[19]
- Serious, apparently incurable sexually transmissible disease (STD) found after the marriage.[20]
III. The Step-by-Step Judicial Process (The Procedure)
Petitions for Annulment or Declaration of Nullity follow a strict, formal process governed by the rules applicable to Family Courts. Each stage requires careful preparation and compliance; even small procedural missteps can cause delays.
A. Preparation and Filing
The process begins with a legal consultation, gathering essential documents such as certified PSA copies of the Marriage Certificate, and drafting a verified petition that clearly states the factual and legal grounds for the case.
Venue selection is a critical strategic step. The petition must be filed in the Family Court of the province or city where either the petitioner or respondent has lived for at least six months prior to filing.[21] If the respondent resides abroad, the petition may be filed where they can be located in the Philippines. This flexibility allows the petitioner, with proper legal advice, to choose a court with a manageable docket, which can significantly affect the timeline.
A fuller discussion of preliminary requirements can be found in The Step-by-Step Process of Annulment and Declaration of Nullity in the Philippines.
B. Summons, Collusion Investigation, and Social Case Studies
Once filed, the court issues summons to the respondent. If the respondent is overseas, Rule 14 of the Rules of Court[22] allows special modes of service, including service through Philippine embassies or consulates.
The court also directs the Public Prosecutor to conduct a mandatory collusion investigation.[23] This safeguard ensures that the parties are not cooperating to obtain the decree improperly. The prosecutor must submit a report within one month. Because collusion is strictly prohibited, the petitioner’s evidence must focus on the legal defect itself, such as Psychological Incapacity, rather than on any mutual agreement to separate.
The court may also require the participation of a social worker.[24] When necessary, the judge can direct a social worker to conduct a case study and submit a report at least three days before the pre-trial. This case study may likewise be ordered at any stage of the proceedings whenever the court needs additional insight into the parties’ circumstances, especially when issues involving children are present.
More detailed guidance on this stage is available in Understanding Annulment Proceedings in the Philippines.
C. Pre-Trial, Trial, and Judgment
During pre-trial, the court identifies the issues, marks documentary evidence, and addresses possible settlements for related matters such as custody, support, and property concerns.[25] If minor children are involved, the court may order mandatory counseling or mediation.[26]
Trial follows, where the court receives evidence through the testimony of the petitioner, corroborating witnesses, and expert or psychological testimony if applicable. The Public Prosecutor attends hearings to ensure compliance with procedural safeguards.[27]
If the court grants the petition, the decision becomes final and executory after 15 days from receipt, provided that neither party nor the Office of the Solicitor General files an appeal within that period.[28] The court then issues a Decree of Annulment or Nullity. This decree must be registered with the Local Civil Registrar and the Philippine Statistics Authority to officially update the petitioner’s civil status.
IV. Timeline: How Long Does the Process Take?
The timeline is often the most frustrating part of the process. Unlike the grounds or the procedure, the duration of a case is highly unpredictable because it depends almost entirely on the court’s workload. Many Family Courts are handling far more cases than they can realistically accommodate, which leads to inevitable backlogs.
The preparation stage is the fastest, which usually takes 1 to 3 months. This includes collecting documents, drafting the petition, and finalizing the filing. After that, however, progress largely depends on hearing schedules. As criminal cases are prioritized over annulment cases in terms of scheduling, Courts commonly set hearings months apart, and even a single cancellation can push the next date far into the future.
In ideal, uncontested cases with cooperative parties, a petition may be completed in one to three years. More complicated situations, or cases involving uncooperative spouses, missing respondents, or extensive evidence, often run three to five years or longer. Because so much of the delay is structural, the role of legal counsel is to keep every controllable aspect moving smoothly: ensuring proper filing, prompt service of summons, timely motions, and complete compliance with procedural requirements.
Despite the long timelines and significant costs, more Filipinos are now filing for Annulment or Nullity. This trend underscores why skilled legal assistance is essential. For many petitioners, this process is not just a case; it is a path toward personal stability and clarity.
V. Financial Considerations: A Guide to Annulment Costs
Judicial dissolution of marriage requires a substantial financial commitment. Costs vary widely, and for many petitioners, budget is one of the biggest concerns before moving forward.
In most uncontested cases, the total expense ranges from ₱150,000 to ₱450,000, although complex or highly disputed cases can go far beyond this amount. Attorney’s fees make up the largest portion of the total cost. For a full discussion, you may consult the Annulment Cost Philippines Guide.
A. Breakdown of Primary Expenses
- Attorney’s Fees: Specialist law firms typically charge acceptance fees from ₱100,000 to ₱350,000 or more, depending on experience and reputation. Because most cases last several years, appearance fees commonly ranging from ₱3,000 to ₱10,000 per hearing also accumulate and contribute significantly to the final amount.
- Psychological Evaluation/Witness Fees: Although not always required after Tan-Andal, many cases still benefit from psychological reports or expert testimony. Psychologists usually charge ₱20,000 to ₱50,000, inclusive of report preparation and court appearance.
- Court and Filing Fees: These include docket fees, sheriff’s fees, motion fees, and publication expenses (if necessary). If no property is involved, they typically total ₱10,000 to ₱30,000.
B. Factors Driving Increased Expense
Several external factors directly influence the overall expense:
- Case Complexity: When issues such as property disputes, child custody, or support arise, hearings multiply, motions increase, and attorney’s fees naturally go up.
- Contested Status and Duration: If the respondent actively opposes the petition, the trial becomes longer and more demanding. Each additional hearing increases appearance fees and preparation costs.
- Geographic Location: Metro Manila-based firms generally charge higher professional fees compared to provincial firms because of market rates and operating expenses.
Although specialized counsel may seem costly at the outset, experience often translates into fewer procedural errors, smoother case handling, and a higher chance of success. Conversely, choosing a lawyer primarily based on low fees can result in mistakes, delays, and ultimately higher expenses.
Many firms, especially those serving OFWs, now offer flexible payment schemes to help clients manage the financial burden while ensuring competent representation.
VI. Special Consideration: Filing for Annulment While Living Abroad
Overseas Filipinos (OFWs) make up a substantial portion of those pursuing marital dissolution in the Philippines. Living abroad does not prevent a Filipino from filing a petition, as long as the venue rule is satisfied. This means either the petitioner or the respondent must have been a resident of the chosen city or province in the Philippines for at least six months before filing. OFWs filing as petitioners will be required to file an Affidavit Residency authenticated before the appropriate Philippines Consulate.[29]
The Logistical Hurdles for Non-Residents
While the right to file is preserved, the logistical hurdles are substantial:
- Service of Summons:[30] When the respondent also lives abroad, serving the summons becomes one of the most complicated steps in the process. Courts strictly enforce the Rules of Court on extraterritorial service, which usually means the summons must be routed through the Philippine consular office in the respondent’s country. Any misstep can invalidate the service and stall the case indefinitely. Experienced counsel is essential because navigating consular procedures and international bureaucracy requires precision.
- Petitioner’s Mandatory Testimony: Remote preparation is possible, but the petitioner, as a general practice, must personally testify and undergo cross-examination. This requirement often obliges the petitioner to fly home. Skilled lawyers help manage these appearances by coordinating closely with the court and consolidating hearing dates whenever possible. This minimizes the client’s time away from work abroad and reduces travel-related expenses. In exceptional cases, counsel may request that the testimony be taken via video conference, subject to the court’s discretion, proper justification, and full compliance with procedural safeguards.
- Document Legalization: Documents executed abroad—such as special powers of attorney or judicial affidavits—must go through the proper authentication process, typically by Apostille or through the Philippine Consulate, before the court will accept them. Failure to comply delays hearings and may require re-execution of documents.
For additional discussion on managing this requirement, see Filing for Annulment While Living Abroad.
VII. Related Issues: Child Custody, Support, and Property Liquidation
The granting of a Decree of Nullity or Annulment has immediate and profound effects on the couple’s legal relationship, finances, and parental responsibilities.
The issuance of the decree automatically dissolves the property regime between the spouses, whether Absolute Community or Conjugal Partnership.[31] This requires a formal liquidation, settlement of liabilities, and distribution of assets in accordance with the Family Code.
For matters involving children, the Family Court maintains full jurisdiction. Custody is always resolved based on the child’s best interests.[32] As a general rule, children under seven years old stay with the mother, barring exceptional circumstances.[33] Support remains a mandatory obligation, regardless of the annulment or nullity outcome.
One important clarification concerns the status of children. Although children of void marriages are generally considered illegitimate, the law provides a specific exception: children born from a marriage declared void under Article 36 (Psychological Incapacity) retain legitimate status.[34]
VIII. Conclusion: Taking the Next Step Towards Legal Clarity
Ending a marriage in the Philippines is both emotionally heavy and legally complex. Understanding the difference between Annulment and Declaration of Nullity, meeting the strict standards of the Tan-Andal ruling on Psychological Incapacity, choosing the proper venue, and managing the slow pace of Family Court proceedings all require careful planning and proper guidance.
The process is costly and time-consuming, and even small procedural mistakes can lead to major delays. This is why working with a lawyer who specializes in family law is essential. Skilled counsel can help you identify the correct legal ground, evaluate the strength of your evidence, anticipate timelines, and create a practical plan for your legal and financial obligations.
If you’re considering the dissolution of your marriage, the most important first step is a consultation with a family law professional who can give you a clear assessment of your options and guide you toward a stable path forward.
If you need guidance or want to understand your options, Book a Consultation today.
– A FRIENDLY LEGAL DISCLAIMER –
Please remember that this post is intended for general informational purposes only and does not, in any way, constitute legal advice. Every situation is unique, and you should always consult a qualified lawyer for professional advice regarding your specific concerns. The scenarios and examples provided in this article are purely fictional and for illustrative purposes only and are not based on any actual case or controversy.
[1] See Art. 35 (4) of the Family Code
[2] See Art. 35 (3) of the Family Code
[3] See Art. 35 (2) of the Family Code
[4] Art. 36 of the Family Code: “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)”
[5] See Art. 45 of the Family Code
[6] Art. 39 of the Family Code
[7] See Art. 47 of the Family Code
[8] See Art. 40 of the Family Code: “The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.”
[9] Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons. (n)
Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
[10] Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
[11] Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse. (82)
[12] Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)
[13] Georfo v. Republic, G.R. No. 246933, 06 March 2023.
[14] G.R. No. 196359, May 11, 2021
[15] Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
xxx
[16] Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
xxx
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
xxx
[17] Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
xxx
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
xxx
Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:
(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.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (86a)
[18] Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
xxx
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; xxx
[19] Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: xxx
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; xxx
[20] Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: xxx
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.
[21] SC Amendments to AM No. 02-11-10-SC and AM No. 02-11-11-SC dated 24 January 2023, which provides: “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 (6) months prior to the date of filing or in the case of a non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.
If both the petitioner and the respondent are residing abroad for employment, business, education or any other purpose, the petition shall be filed in the Family Court:
(a) in the habitual residence of either party, at the election of the petitioner; or
(b) in the place where the petitioner and respondent last resided as husband and wife in the Philippines.
If only the petitioner is residing abroad, the venue should be the place of residence of the respondent in the Philippines.”
[22] Section 17, Rule 14 of the Rules of Court provide:
“Extraterritorial service. — When the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under Section 6; or as provided for in international conventions to which the Philippines is a party; or by publication in a newspaper of general circulation in such places and for such time as the court may order, in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant, or in any other manner the court may deem sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days after notice, within which the defendant must answer.”
[23] See Article 48 of the Family Code and Section 9 of A.M. No. 02-11-10-SC.
Art. 48 of the FC provides:
“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 judgment.”
Sec. 9 of A.M. No. 02-11-10-SC provides:
Section 9. Investigation report of public prosecutor. – (1) Within one month after receipt of the court order mentioned in paragraph (3) of Section 8 above, the public prosecutor shall submit a report to the court stating whether the parties are in collusion and serve copies thereof on the parties and their respective counsels, if any.
(2) If the public prosecutor finds that collusion exists, he shall state the on the finding of collusion within ten days from receipt of a copy of a report The court shall set the report for hearing and If convinced that the parties are in collusion, it shall dismiss the petition.
(3) If the public prosecutor reports that no collusion exists, the court shall set the case for pre-trial. It shall be the duty of the public prosecutor to appear for the State at the pre-trial.
[24] Section 10 of A.M. No. 02-11-10-SC provides:
“Section 10. Social worker. – The court may require a social worker to conduct a case study and submit the corresponding report at least three days before the pre-trial. The court may also require a case study at any stage of the case whenever necessary.”
[25] Section 11 of A.M. No. 02-11-10-SC provides:
“Section 11. Pre-trial. –
(1) Pre-trial mandatory. – A pre-trial is mandatory. On motion or motu proprio, the court shall set the pre-trial after the last pleading has been served and filed, or upon receipt of the report of the public prosecutor that no collusion exists between the parties.
(2) Notice of pre-trial. – (a) The notice of pre-trial shall contain:
(1) the date of pre-trial conference; and
(2) an order directing the parties to file and serve their respective pre-trial briefs in such manner as shall ensure the receipt thereof by the adverse party at least three days before the date of pre-trial.
(b) The notice shall be served separately on the parties and their respective counsels as well as on the public prosecutor. It shall be their duty to appear personally at the pre-trial.
(c) Notice of pre-trial shall be sent to the respondent even if he fails to file an answer. In case of summons by publication and the respondent failed to file his answer, notice of pre-trial shall be sent to respondent at his last known address.”
[26] See Section 3 of A.M. No. 24-02-06-SC (2024), which provides:
“The following cases shall be referred to family mediation: (a) all cases involving issues under the Family Code of the Philippines and other laws, which can be the subject of a compromise agreement, such as support, custody, visitation, property relations, and guardianship.”
[27] Article 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. (Emphasis supplied)
[28] Section 19 of A.M. No. 02-11-10-SC provides:
“Section 19. Decision. – xxx
(3) The decision becomes final upon the expiration of fifteen days from notice to the parties. Entry of judgment shall be made if no motion for reconsideration or new trial, or appeal Is filed by any of the parties the public prosecutor, or the Solicitor General.”
[29] See OCA Circular No. 84-2023, providing:
“In its Resolution dated 25 April 2023 in A.M. No. 02-11-10-SC (Re: Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages) and A.M. No. 02-11-11-SC (Re: Rule on Legal Separation), the Court en bane RESOLVED that the AFFIDAVIT OF RESIDENCY executed by a petitioner who is temporarily residing abroad for employment, business, education, or any other purpose, duly authenticated by the appropriate Philippine Consulate, shall be considered sufficient compliance with paragraph 3 (a) of the 2023 Amended Guidelines to Validate Compliance with the Jurisdictional Requirements in Petitions for Declaration of Absolute Nullity of Marriage and Annulment of Voidable Marriage or Petitions for Legal Separation”
[30] See Section 6(1) of A.M. No. 02‑11‑10‑SC; Sec. 17, Rule 14 of the Revised Rules of Court
[31] Article 43 of the FC provides:
“Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects: xxx
(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse; xxx”
[32] See Article 49 of the FC:
“Art. 49. During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. It shall also provide for appropriate visitation rights of the other parent.” (Emphasis supplied)
[33] Article 213 of the FC provides:
“Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.”
[34] Article 54 of the FC provides:
“Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate.”
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