Appendix a rule on declaration of nullity and anulment of marriages

Ateneo de Davao University—College of Law - Page 1 of 4 -
Persons and Family Relations (MANRESA 2008) Appendix A
RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID
MARIAGES AND ANNULMENT OF VOIDABLE
MARRIAGES
Section 1. Scope - This Rule shall govern petitions
for declaration of absolute nullity of void marriages
and annulment of voidable marriages under the
Family Code of the Philippines.
The Rules of Court shall apply suppletorily.
Section 2. Petition for declaration of absolute
nullity of void marriages.
(a) Who may file. - A petition for declaration of
absolute nullity of void marriage may be filed solely
by the husband or the wife. (n)
(b) Where to file. - The petition shall be filed in
the Family Court.
(c) Imprescriptibility of action or defense. - An
Action or defense for the declaration of absolute
nullity of void marriage shall not prescribe.
(d) What to allege. - A petition under Article 36
of Family Code shall specially allege the complete
facts showing the either or both parties were
psychologically incapacitated from complying with
the essential marital obligations of marriages at the
time of the celebration of marriage even if such
incapacity becomes manifest only after its
celebration.
The complete facts should allege the physical
manifestations, if any, as are indicative of
psychological incapacity at the time of the
celebration of the marriage but expert opinion need
not be alleged.
Section 3. Petition for annulment of voidable
marriages. -
(a) Who may file. - The following persons may file
a petition for annulment of voidable marriage based
on any of the grounds under article 45 of the Family
Code and within the period herein indicated:
(1) The contracting party whose parent, or
guardian, or person exercising substitute
parental authority did not give his or her
consent, within five years after attaining the age
of twenty-one unless, after attaining the age of
twenty-one, such party freely cohabitated with
the other as husband or wife; or the parent,
guardian or person having legal charge of the
contracting party , at any time before such
party has reached the age of twenty-one;
(2) The sane spouse who had no
knowledge of the other's insanity; or by any
relative, guardian, or person having legal
charge of the insane, at any time before the
death of either party; or by the insane spouse
during the a lucid interval or after regaining
sanity, provided that the petitioner , after
coming to reason, has not freely cohabited with
the other as husband or wife;
(3) The injured party whose consent was
obtained by fraud, within five years after the
discovery of the fraud, provided that said party,
with full knowledge of the facts constituting the
fraud, has not freely cohabited with the other as
husband or wife;
(4) The injured party whose consent was
obtained by force, intimidation, or undue
influence, within five years from the time the
force intimidation, or undue influence
disappeared or ceased, provided that the
force, intimidation, or undue influence having
disappeared or ceased, said party has not
thereafter freely cohabited with the other as
husband or wife;
(5) The injured party where the other
spouse is physically incapable of consummating
the marriage with the other and such
incapability continues and appears to be
incurable, within five years after the celebration
of marriage; and
(6) Te injured party where the other party
was afflicted with a sexually-transmissible
disease found to be serious and appears to be
incurable, within five years after the celebration
of marriage.
(b) Where to file. - The petition shall be filed in
the Family Court.
Section 4. Venue. - 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 months prior to the date of filing. Or in the
case of non-resident respondent, where he may be
found in the Philippines, at the election of the
petitioner.
Section 5. Contents and form of petition. - (1)
The petition shall allege the complete facts
constituting the cause of action.
(2) It shall state the names and ages of the
common children of the parties and specify the
regime governing their property relations, as well as
the properties involved.
If there is no adequate provision in a written
agreement between the parties, the petitioner may
apply for a provisional order for spousal support, the
custody and support of common children, visitation
rights, administration of community or conjugal
property, and other matters similarly requiring urgent
action.
(3) It must be verified and accompanied
celebration of marriage. (b) Where to file.-The
petition shall be filed in the Family Court.
Section 4. Venue. - 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 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.
Section 5. Contents and form of petition. - (1)
The petition shall allege the complete facts
constituting the cause of action.
(2) it shall state the names and ages of the
common children of the parties and specify the
regime governing their property relations, as well as
the properties involved.
If there is no adequate provision in a written
agreement between the parties, the petitioner may
apply for a provisional order for spousal support,
custody and support of common children, visitation
rights, administration of community or conjugal
property, and other matters similarly requiring urgent
action.
(3) it must be verified and accompanied by a
certification against forum shopping. The verification
and certification must be signed personally by me
petitioner. No petition may be filed solely by counsel
or through an attorney-in-fact.

If the petitioner is in a foreign country, the
verification and certification against forum shopping
shall be authenticated by the duly authorized officer
of the Philippine embassy or legation, consul general,
consul or vice-consul or consular agent in said
country.
(4) It shall be filed in six copies. The petitioner
shall serve a copy of the petition on the Office of the
Solicitor General and the Office of the City or
Provincial Prosecutor, within five days from the date
of its filing and submit to the court proof of such
service within the same period.
Failure to comply with any of the preceding
requirements may be a ground for immediate
dismissal of the petition.
Section 6. Summons. - The service of summons
shall be governed by Rule 14 of the Rules of Court
and by the following rules:
(1) Where the respondent cannot be located at
his given address or his whereabouts are unknown
and cannot be ascertained by diligent inquiry,
service of summons may, by leave of court, be
effected upon him by publication 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 In addition, a copy of the summons
shall be served on the respondent at his last known
address by registered mail or any other means the
court may deem sufficient.
(2) The summons to be published shall be
contained in an order of the court with the following
data: (a) title of the case; (b) docket number; (c)
nature of the petition; (d) principal grounds of the
petition and the reliefs prayed for; and (e) a directive
for the respondent to answer within thirty days from
the last issue of publication.
Section 7. Motion to dismiss. - No motion to
dismiss the petition shall be allowed except on the
ground of lack of jurisdiction over the subject matter
or over the parties; provided, however, that any
other ground that might warrant a dismissal of the
case may be raised as an affirmative defense in an
answer.
Section 8. Answer. - (1) The respondent shall file
his answer within fifteen days from service of
summons, or within thirty days from the last issue of
publication in case of service of summons by
publication. The answer must be verified by the
respondent himself and not by counsel or attorney-in-
fact.
(2) If the respondent fails to file an answer, the
court shall not declare him or her in default.
(3) Where no answer is filed or if the answer does
not tender an issue, the court shall order the public
prosecutor to investigate whether collusion exists
between the parties.
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.
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.
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.
Section 12. Contents of pre-trial brief. - The pre-
trial brief shall contain the following:
(a) A statement of the willingness of the parties
to enter into agreements as may be allowed by law,
indicating the desired terms thereof;
(b) A concise statement of their respective
claims together with the applicable laws and
authorities;
(c) Admitted facts and proposed stipulations of
facts, as well as the disputed factual and legal issues;
(d) All the evidence to be presented, including
expert opinion, if any, briefly stating or describing the
nature and purpose thereof;
(e) The number and names of the witnesses and
their respective affidavits; and
(f) Such other matters as the court may require.
Failure to file the pre-trial brief or to comply with
its required contents shall have the same effect as
failure to appear at the pre-trial under the
succeeding paragraphs.
Section 13. Effect of failure to appear at the pre-
trial. – (a) If the petitioner fails to appear personally,
the case shall be dismissed unless his counsel or a
duly authorized representative appears in court and
proves a valid excuse for the non-appearance of the
petitioner.
(b) If the respondent has filed his answer but fails
to appear, the court shall proceed with the pre-trial
and require the public prosecutor to investigate the
non-appearance of the respondent and submit
within fifteen days thereafter a report to the court
stating whether his non-appearance is due to any
collusion between the parties. If there Is no collusion,
the court shall require the public prosecutor to

intervene for the State during the trial on the merits to
prevent suppression or fabrication of evidence.
Section 14. Pre-trial conference. -At the pre-trial
conference, the court:
(a) May refer the issues to a mediator who shall
assist the parties in reaching an agreement on
matters not prohibited by law.
The mediator shall render a report within one
month from referral which, for good reasons, the
court may extend for a period not exceeding one
month.
(b) In case mediation is not availed of or where
it fails, the court shall proceed with the pre-trial
conference, on which occasion it shall consider the
advisability of receiving expert testimony and such
other makers as may aid in the prompt disposition of
the petition.
Section 15. Pre-trial order. – (a) The proceedings
in the pre-trial shall be recorded. Upon termination of
the pre-trial, the court shall Issue a pre-trial order
which shall recite in detail the matters taken up In the
conference, the action taken thereon, the
amendments allowed on the pleadings, and except
as to the ground of declaration of nullity or
annulment, the agreements or admissions made by
the parties on any of the matters considered,
including any provisional order that may be
necessary or agreed upon by the parties.
(b) Should the action proceed to trial, the order
shall contain a recital of the following;
(1) Facts undisputed, admitted, and those
which need not be proved subject to
Section 16 of this Rule;
(2) Factual and legal issues to be litigated;
(3) Evidence, including objects and
documents, that have been marked and
will be presented;
(4) Names of witnesses who will be
presented and their testimonies in the form
of affidavits; and
(5) Schedule of the presentation of
evidence.
(c) The pre-trial order shall also contain a
directive to the public prosecutor to appear for the
State and take steps to prevent collusion between
the parties at any stage of the proceedings and
fabrication or suppression of evidence during the trial
on the merits.
(d) The parties shall not be allowed to raise
issues or present witnesses and evidence other than
those stated in the pre-trial order.
The order shall control the trial of the case,
unless modified by the court to prevent manifest
injustice.
(e) The parties shall have five days from receipt
of the pre-trial order to propose corrections or
modifications.
Section 16. Prohibited compromise. - The court-
shall not allow compromise on prohibited matters,
such as the following:
(a) The civil status of persons;
(b) The validity of a marriage or of a legal
separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts; and
(f) Future legitime.
Section 17. Trial. - (1) The presiding judge shall
personally conduct the trial of the case. No
delegation of the reception of evidence to a
commissioner shall be allowed except as to matters
involving property relations of the spouses.
(2) The grounds for declaration of absolute
nullity or annulment of marriage must be proved. No
judgment on the pleadings, summary judgment, or
confession of judgment shall be allowed.
(3) 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.
Such an order may be made if the court determines
on the record that requiring a party to testify in open
court would not enhance the ascertainment of truth;
would cause to the party psychological harm or
inability to effectively communicate due to
embarrassment, fear, or timidity; would violate the
right of a party to privacy; or would be offensive to
decency or public morals.
(4) No copy shall be taken nor any examination
or perusal of the records of the case or parts thereof
be made by any person other than a party or
counsel of a party, except by order of the court.
Section 18. Memoranda. - The court may require
the parties and the public prosecutor, in consultation
with the Office of the Solicitor General, to file their
respective memoranda support of their claims within
fifteen days from the date the trial is terminated. It
may require the Office of the Solicitor General to file
its own memorandum if the case is of significant
interest to the State. No other pleadings or papers
may be submitted without leave of court. After the
lapse of the period herein provided, the case will be
considered submitted for decision, with or without the
memoranda.
Section 19. Decision. - (1) If the court renders a
decision granting the petition, it shall declare therein
that the decree of absolute nullity or decree of
annulment shall be issued by the court only after
compliance with Article 50 and 51 of the Family
Code as implemented under the Rule on Liquidation,
Partition and Distribution of Properties.
(2) The parties, including the Solicitor General
and the public prosecutor, shall be served with
copies of the decision personally or by registered
mail. If the respondent summoned by publication
failed to appear in the action, the dispositive part of
the decision shall be published once in a newspaper
of general circulation.
(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.
(4) Upon the finality of the decision, the court
shall forthwith issue the corresponding decree if the
parties have no properties.
If the parties have properties, the court shall
observe the procedure prescribed in Section 21 of
this Rule.
The entry of judgment shall be registered in the
Civil Registry where the marriage was recorded and
In the Civil Registry where the Family Court granting
the petition for declaration of absolute nullity or
annulment of marriage is located.
Section 20. Appeal. -
(1) Pre-condition. - No appeal from the decision
shall be allowed unless the appellant has filed a

motion for reconsideration or new trial within fifteen
days from notice of judgment.
(2) Notice of appeal. - An aggrieved party or
the Solicitor General may appeal from the decision
by filing a Notice of Appeal within fifteen days from
notice of denial of the motion for reconsideration or
new trial. The appellant shall serve a copy of the
notice of appeal on the adverse parties.
Section 21. Liquidation, partition and distribution,
custody, support of common children and delivery of
their presumptive legitimes. - Upon entry of the
judgment granting the petition, or, in case of appeal,
upon receipt of the entry of judgment of the
appellate court granting the petition, the Family
Court, on motion of either party, shall proceed with
the liquidation, partition and distribution of the
properties of the spouses, including custody, support
of common children and delivery of their
presumptive legitimes pursuant to Articles 50 and 51
of the Family Code unless such matters had been
adjudicated in previous judicial proceedings.
Section 22. Issuance of Decree of Declaration of
Absolute Nullity or Annulment of Marriage. (a) The
court shall issue the Decree after;
(1) Registration of the entry of judgment
granting the petition for declaration of nullity or
annulment of marriage in the Civil Registry
where the marriage was celebrated and in the
Civil Registry of the place where the Family
Court is located;
(2) 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
(3) The delivery of the children's presumptive
legitimes in cash, property, or sound securities.
(b) The court shall quote in the Decree the
dispositive portion of the judgment entered and
attach to the Decree the approved deed of
partition.
Except in the case of children under Articles 36
and 53 of the Family Code, the court shall order the
Local Civil Registrar to issue an amended birth
certificate indicating the new civil status of the
children affected.
Section 23. Registration and publication of the
decree; decree as best evidence. - (a) The prevailing
party shall cause the registration of the Decree in the
Civil Registry where the marriage was registered, the
Civil Registry of the place where the Family Court is
situated, and in the National Census and Statistics
Office. He shall report td the court compliance with
this requirement within thirty days from receipt of the
copy of the Decree.
(b) In case service of summons was made by
publication, the parties shall cause the publication of
the Decree once in a newspaper of general
circulation.
(c) The registered Decree shall be the best
evidence to prove the declaration of absolute nullity
or annulment of marriage and shall serve as notice to
third persons concerning the properties of petitioner
and respondent as well as the properties or
presumptive legitimes delivered to their common
children.
Section 24. Effect of death of a party; duty of
the Family Court or Appellate Court. - (a) In case a
party dies at any stage of the proceedings before
the entry of judgment, the court shall order the case
closed and terminated, without prejudice to the
settlement of the estate in proper proceedings in the
regular courts.
(b) If the party dies after the entry of judgment
of nullity or annulment, the judgment shall be binding
upon the parties and their successors in interest in the
settlement of the estate in the regular courts.
Section 25. Effectlvity. - This Rule shall take effect
on March 15, 2003 following its publication in a
newspaper of general circulation not later than
March 7, 2003.

Appendix a rule on declaration of nullity and anulment of marriages

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Appendix a rule on declaration of nullity and anulment of marriages