WHAT IS ANNULMENT IN THE PHILIPPINES?
Annulment is a broad term for two types of dissolving a marriage in the Philippines. The first type is “annulment” in the strict sense of the word and presupposes a valid marriage but is voidable for reasons like impotence or having an incurable sexually transmitted disease. The second type is a “declaration of nullity,” which refers to void marriages from the beginning, like minority (under 18) , lack of a marriage license, bigamous marriages, and psychological incapacity. Generally, the distinction between these two types of dissolution of a marriage hinges on their consequences. A voidable marriage is valid until annulled and thus will have legal effects after the annulment.
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How to file for church annulment in the philippines without
Filing for church annulment in the Philippines can be a complex process, but it is possible to navigate it without legal representation. While it is recommended to consult a lawyer familiar with family law, here are the basic steps to file for church annulment in the Philippines without legal assistance:
- Understand the grounds for annulment: According to the Catholic Church, there are several grounds for annulment, including lack of consent, psychological incapacity, and existing marriages.
- Gather the necessary documents: Before filing for church annulment in the Philippines, you will need to gather important documents such as your marriage certificate, birth certificates of both parties, and any other evidence that supports your case for annulment.
- Meet with your parish priest or diocesan tribunal: Schedule an appointment with your local parish priest or diocesan tribunal to discuss your desire to file for church annulment. They will guide you through the process and provide forms that need to be filled out.
- Complete the forms: Fill out the forms provided by the parish priest or diocesan tribunal. These forms will require detailed information about your marriage, including the grounds for annulment and any supporting evidence.
- Submit the forms and supporting documents: Once you have completed the forms, submit them along with the required supporting documents to the parish priest or diocesan tribunal. Keep a copy of everything for your records.
- Attend the marriage nullity hearings: After submitting the forms, you will need to attend a series of marriage nullity hearings where your case will be reviewed and evaluated. It is important to attend these hearings and provide any additional evidence or information as requested.
- Wait for the decision: Once the marriage nullity hearings are complete, the diocesan tribunal will review your case and make a decision regarding the annulment. This process can take several months or even years, so it is important to be patient.
- Receive the decision: If your annulment is granted, you will receive the decision in writing. This decision can be used to validate the annulment with the civil authorities, if necessary.
Filing for church annulment in the Philippines without legal representation is possible, but it is important to note that consulting with a lawyer can provide valuable guidance and ensure that all necessary steps are taken.
Church Annulment Requirements
A void marriage, on the other hand, is void ab initio or from the very beginning. To illustrate, children born of a void marriage are generally illegitimate ( except when the ground is psychological incapacity), while children born of a voidable marriage are considered legitimate. A void marriage cannot be cured, for example, by the cohabitation of the spouses after the celebration of the marriage, while a voidable marriage can be cured by cohabitation ( except impotence and having an incurable sexually transmitted disease).
1) WHAT ARE THE GROUNDS FOR ANNULMENT IN THE PHILIPPINES?
The most common grounds are psychological incapacity, lack of a marriage license, and minority (below 18). The other grounds will require more evidence and may prove to be more difficult to prove.
Grounds for Annulment (Valid Until Annulled):
1) Lack of parental consent if one or both of the parties are between 18 and 21 years of age;
2) Either party is of unsound mind;
3) Fraud in obtaining the consent of either party, for example pregnancy by another man;
4) Force and initimidation in obtaining the consent of either party;
5) Impotence or failure to consummate the marriage;
6) Sexually-transmitted disease which is incurable;
( Article 35, Family Code of the Philippines)
Grounds for Annulment (Void from the Beginning):
1) Minority or under 18 years of age;
2) Lack of authority of the solemnizing officer;
3) No marriage license, unless exempt under the law;
4) Bigamous or polygamous marriages;
5) Mistake as to the identity of one of the parties;
6) Subsequent marriages where the declaration of nullity of a previous marriage was not recorded in the partition or liquidation of the properties of the spouses or when there was no distribution of the presumptive legitime of the children with the proper government registry.
7) Psychological incapacity under Art. 36 of the Family Code.
2) WHAT IS THE COST OF ANNULMENT IN THE PHILIPPINES?
The quick and short answer is between 300 and 600 thousand Philippine pesos, depending on the lawyer hired for the case . This is roughly 6 thousand to 12 thousand US dollars.
When one considers the cost of obtaining an annulment in the Philippines, the first thing to contend with is the attorney’s fees. Billing schemes vary widely among lawyers in the Philippines. Solo practitioners would often bill on a fixed basis while big law firms often charge on an hourly rate. Some firms even offer payment plans to complete the process of annulment .
The second cost component is the psychological evaluation . There is the report and the appearance fee of the psychologist or psychiatrist when he appears in court to testify. The fee could range from 20 thousand pesos to 40 thousand pesos.
Out-of-pocket costs should likewise be accounted for, like transportation, especially if the venue of the case is far from the office of the handling lawyer; filing fees when there are disputed properties of the marriage; and publication costs when one spouse cannot be located or lives outside the Philippines.
3) ANNULMENT IN THE PHILIPPINES: HOW LONG DOES IT TAKE?
Again, the quick and short answer is between 2 and 4 years on average.
The single most important factor in determining the time to complete the process of annulment in the Philippines are congested court dockets. There are simply too many cases for very few judges to handle. Factor in prosecutors (who are required to handle hearings to determine if the parties are colluding with each other to obtain an annulment) who are themselves overly burdened with criminal cases, and you have the recipe for a process that can take about a year or two to complete.
Other factors are the inclusion of issues like child and spousal support, property disputes, and child custody.
4) WHAT ARE THE REQUIREMENTS TO FILE AN ANNULMENT IN THE PHILIPPINES?
- Marriage Certificate
- Birth Certificates of children, if any
- Complete address of the parties (house number, street, barangay, purok/village/subdivision, barangay, zone, town, province)
- The barangay issued a notarized certificate of residency
- Sketch of address, certified by the barangay
- Any ONE of the following shows the name and address of petitioner:
a) government-issued ID
b) lease contract or land title
c) Utility bills from the recent six months
d) other proofs of residency
- Affidavit of Personal Verification of Residency by counsel
- Judicial affidavits of the Petitioner, the psychologist, and the corroborating witnesses
- Psychological Evaluation Report
5) WHAT IS THE DIFFERENCE BETWEEN CHURCH ANNULMENT AND CIVIL ANNULMENT IN THE PHILIPPINES?
Church annulment is processed through any church or religion of which one is a member. In the Philippines, this is predominantly the Catholic church which is known to pass on applications for annulments through a matrimonial tribunal. The legal basis for annulment is the Canon Law which lists, among other grounds , psychological incapacity, fraud, force or intimidation, insanity, mental illness, lack of consent, a petitioner never intended to be permanently married or faithful, and that substance abuse prevented them from consenting to a lifelong marriage.( Annulment, U.S. Conference of Catholic Bishops ).
These grounds are similar to civil or court annulments and there was an attempt by the Philippine Congress to even automatically recognize church annulments. The Philippine House of Representatives passed HB 6779, entitled “AN ACT RECOGNIZING THE CIVIL EFFECT OF CHURCH ANNULMENT DECREE,” which aims to have a church or religious annulment automatically recognized by law and allows for its registration.
This has been criticized as violating the constitutional principle of separation of church and state . Just like most matters having to do with the dissolution of marriage in the Philippines, the Senate refused to adopt the bill and it died a natural death. Annulments in the Catholic Church have been known to take as much as ten years and involve multiple trials. Since then, Pope Francis has reportedly started to streamline the process, which is now free.
Civil or court annulment, on the other hand, is processed with designated family courts under the aegis of the Family Code of the Philippines. Common grounds include minority (below 18), lack of a marriage license, lack of authority of the solemnizing officer, bigamous, and polygamous marriages.
The most important thing to remember about court and church annulments is that one is independent of the other. If the objective were to remarry in any church, one would have to obtain both types of annulments. If one wants to remarry ONLY in accordance with the law, then only a court annulment is required. The Constitution of the Philippines, after all, provides for the separation of church and state.
New Annulment Process In The Philippines 2022
The following are the steps you need take in an annulment proceeding:
- Hire a lawyer. …
- Get a psychological evaluation. …
- File the petition for annulment with the proper court. …
- Attend the pre-trial conference. …
- Go through the trial. …
- Receive the judge’s decision. …
- Settle asset distribution.