How to Process an Annulment in the Philippines: My Own Experience

The first of many stories I want to share is the processing of Annulment in the Philippines, based on my experience. Years ago, I ended my 8-year marriage, not because I want to but because I need to, for my own inner peace and for my children's welfare. I will not go through the reason for the annulment because I want to focus more on the process of getting one, especially in a country where this is not a common thing. It is not the aim of this story to encourage getting an annulment but to enlighten couples on the process should they seek to gain freedom from a dysfunctional marriage.

Annulment, or the nullity of marriage, is the "legal invalidation of marriage" as defined by Britannica, which means that the marriage was declared invalid from the start. It should not be confused with the dissolution of a marriage, which is a process of ending a valid marriage legally due to reasons such as irreconcilable differences. 

Our country's family code laws (i.e., Article 15 of the New Civil Code) do not allow divorce, the Philippines being one of two countries that forbid divorce. The other one is Vatican City. Thus, one asks, "How can marriage be dissolved in the Philippines?"

I was one of those who asked this question. 

Although the House of Representatives have approved the bill (i.e., House Bill No. 7303) that seeks the legalization of absolute divorce in 2018, there have been no movement when it was raised to the Senate. The good thing is that the Philippines allows legal separation under specific circumstances and annulment of marriage. But which is the better option? 

As regards legal separation, there is dissolution of marital obligations due to reasonable grounds such as repeated physical abuse, substance addiction, imprisonment of more than six years, abandonment, etc. However, when granted legal separation, the couple may not remarry because their marriage remains legal.

Currently, annulment is still the best option for couples to put an end to their marriage. Through annulment, a marriage becomes invalid because of being underage at the time of marriage, impotence, fraud, or mistaken identity. If granted an annulment, the couples are free to remarry because the marriage essentially does not exist. However, annulment is expensive, needs effort, and takes a long time to process. But if you have made up your mind, like I did years ago, here is how I got my marriage annulled.

I sought help from an experienced lawyer and was offered a package to process the annulment. The usual price range of the package is from Php 250,000 to Php 300,000. The package does not guarantee a swift processing because it depends on how the other party may react to the petition. If there is no objection to the petition, then you may get your marriage annulled in less than a year as long as you comply with all the requirements.  

First, I was made to submit the marriage certificate and birth certificates of our children. I was made to write a marital history. I underwent psychological test, and the results showed psychological incapacity. We had a case for the annulment of marriage on the ground of psychological incapacity. Then a petition was prepared and submitted by the lawyer to a family court. I was given a copy of the petition with court case number as proof of filing. The Court then issued summons to the respondent. which is my ex-husband. A publication of the case was also made. He was given 15 days to answer. When no answer was filed, the case proceeded without his participation. He was not required to appear or sign anything. The Court then issued order for preliminary conference and pre-trial. The Judge ordered a Prosecutor assigned to the case to investigate whether collusion exists between parties and whether the evidence submitted were fabricated or not. Then I testified via a judicial affidavit. My lawyer made sure to arrange the testimony in a chamber with few audience and only took me 10 minutes to answer the Prosecutor's questions. The psychologist who evaluated me testified in Court. Another witness was made to testify as a corroborator to the case. The corroborator may be a close friend or a family member who has been a witness to the marriage. After that the case was submitted for decision.

The decision was released within 90 days of the last hearing. The Certificate of Finality was released soon after. For my case, it took a year and a half for the entire process. I am now a free woman. I was also provided full custody of my children, which was a kind gesture from the presiding judge. 

However, it does not end there because if a woman wants to revert to her maiden name or remarry, she has to register the entry of judgment to the Local Civil Registrar of the place where the marriage was officiated.

It was not an easy task, really. But to gain freedom for me and my children from a marriage that would have scarred us for life was a great achievement. And I do hope that you learned a thing or two from my story.

See you again for another story because life knows no boundaries!