Marriage is considered a sacred institution, but unfortunately, not all marriages last forever. In the Philippines, there are two legal concepts that individuals can consider when seeking to dissolve their marriage: legal separation and annulment. Although both options involve the termination of marital ties, they have distinct differences in their definition, effect on marriage status, grounds, process, and remarriage implications. Understanding these differences is crucial for anyone considering either legal separation or annulment as a way to dissolve their marriage.

In the Philippines, legal separation and annulment are two distinct legal concepts related to the dissolution of marriage. Legal separation is a process that allows married couples to live separately and manage their affairs independently, but it does not terminate the marriage. On the other hand, annulment is a legal process that declares a marriage null and void, as if it never took place, due to specific grounds or reasons. It is important to understand the key differences between legal separation and annulment to make an informed decision.

Definition and Effect on Marriage Status

Legal separation does not terminate the marriage bond. Parties who undergo legal separation are still considered legally married but are no longer obliged to live together. They are also not free to remarry unless they obtain a divorce in a foreign country, if applicable. On the other hand, an annulment declares the marriage null and void, and parties are considered as if they were never married in the first place. This means that after the annulment, parties are considered unmarried and are free to remarry after the annulment is granted.

Grounds for Legal Separation and Annulment

Both legal separation and annulment have specific grounds or reasons that must be proven in court. The grounds for legal separation in the Philippines include repeated physical violence or grossly abusive conduct, religious or political pressure, attempted murder, drug addiction or habitual alcoholism, lesbianism or homosexuality, bigamous marriage, and sexual infidelity or perversion. On the other hand, the specific grounds for annulment in the Philippines include lack of parental consent for underage marriages, mental incapacity, fraud, force, impotence, sexually transmitted disease, and incest. It's important to note that the grounds for annulment are more limited and specific compared to the grounds for legal separation.

Process for Legal Separation and Annulment

The process for legal separation in the Philippines typically involves filing a petition with the court, and it may also require mediation or counseling, depending on the circumstances. The court will then evaluate the evidence and make a decision on the legal separation. On the other hand, the process for annulment is more stringent. It requires filing a petition with the court and providing evidence for the specific grounds of annulment. The court will conduct hearings and evaluate the evidence presented before granting or denying the annulment. The process for annulment can be more complicated and time-consuming compared to legal separation due to the higher burden of proof.

Remarriage After Legal Separation and Annulment

One key difference between legal separation and annulment is the status of parties after the process is completed. In a legal separation, parties are still considered married and cannot remarry unless they obtain a divorce in a foreign country, if applicable. However, after an annulment is granted, the marriage is declared null and void, and the parties are considered unmarried. This means that parties are free to remarry after the annulment is granted, without the need for a divorce in a foreign country.

Importance of Seeking Legal Advice

Given the complexity and changing nature of laws regarding legal separation and annulment in the Philippines, it is highly advisable to seek legal advice from a qualified family law attorney before pursuing either option. A family law attorney can provide valuable guidance and assistance throughout the entire process, ensuring that your rights and interests are protected.

Final Thoughts

In conclusion, legal separation and annulment are two different legal concepts related to the dissolution of marriage in the Philippines. Legal separation allows married couples to live separately and manage their affairs independently but does not terminate the marriage. Annulment, on the other hand, declares the marriage null and void, as if it never took place. Legal separation requires proving specific grounds such as repeated physical violence or grossly abusive conduct, while annulment requires proving grounds such as lack of parental consent, mental incapacity, fraud, force, or impotence, among others. After a legal separation, parties are still considered married and cannot remarry, while after an annulment, parties are considered unmarried and are free to remarry. Seeking legal advice from a qualified family law attorney is crucial to navigating the complexities of legal separation and annulment in the Philippines.

Divorce is not yet recognized in the Philippines, and legal separation and annulment are the only options available for dissolving a marriage. It's important to carefully consider the specific circumstances and legal implications of both legal separation and annulment before proceeding with either option. Consulting with a qualified family law attorney can provide the necessary guidance and ensure that your rights are protected throughout the process.

A prenuptial agreement, commonly known as a prenup, is a legal contract entered into by two individuals before they get married. It outlines how their assets, finances, and other important matters will be handled in the event of a divorce or separation. While prenups are not mandatory in the Philippines, they can provide crucial protection for couples in various ways. In this blog, we will explore the importance of prenuptial agreements for couples in the Philippines and how they can safeguard their assets, clarify financial rights and obligations, protect family inheritance, address issues related to alimony or support, protect business interests, and provide peace of mind.

Protection of Assets

One of the significant advantages of a prenup is its ability to safeguard individual assets brought into the marriage. In the Philippines, there is a community property regime where all properties acquired by the spouses during the marriage are presumed to be owned in equal shares. However, with a prenup, couples can specify which properties will remain separate and which will be considered marital property. This can be especially crucial for individuals who have acquired properties, investments, or businesses before getting married and wish to protect them in case of a divorce.

For example, if one spouse owns a property before marriage and wants to keep it as separate property, a prenup can specify that the property will not be considered part of the community property regime. This means that in case of divorce, the property will be retained by the original owner, and the other spouse will not have any claim to it. Prenups can also protect other assets, such as investments, businesses, and other valuable possessions, ensuring that they are not subject to division during divorce proceedings.

Clarification of Financial Rights and Obligations

Another essential aspect of prenups is that they can help couples define their financial responsibilities and expectations clearly. Financial matters can often be a source of conflict in marriages, and a prenup can address these issues in advance, helping to avoid misunderstandings and disputes down the road. For instance, a prenup can outline how expenses will be shared between the spouses, whether they will maintain joint accounts, and how debts will be managed.

By setting out these financial rights and obligations in a prenup, couples can have a clear understanding of their financial responsibilities during the marriage, which can help prevent conflicts and misunderstandings. This can be especially beneficial when it comes to managing joint finances, budgeting, and making financial decisions together. A well-drafted prenup can provide a roadmap for financial matters, ensuring that both parties are on the same page and have a clear understanding of their roles and responsibilities.

Protection of Family Inheritance

In the Philippines, family inheritance holds significant cultural and emotional value. It is often passed down from generation to generation, and families take great pride in preserving their lineage and heritage. However, in the event of a divorce or separation, family inheritance can become a contentious issue. This is where a prenuptial agreement can play a crucial role in protecting family inheritance.

A prenup can clearly outline how family inheritance will be treated in case of a divorce or separation. It can specify that any family inheritance received during the marriage will remain separate property and not subject to division or distribution. This can prevent any potential disputes or claims by the other party in the event of a divorce, ensuring that the family inheritance remains within the intended family lineage.

It is important to note that in the absence of a prenup, family inheritance can be considered as community property and subject to division under the community property regime in the Philippines. By having a prenup in place, couples can proactively protect family inheritance and ensure that it is not jeopardized in the event of a divorce or separation.

Alimony and Support

Another critical aspect that can be addressed in a prenuptial agreement is the issue of alimony or spousal support in case of a divorce. Alimony refers to the financial support that one spouse may be required to provide to the other spouse after a divorce to meet their financial needs. A prenup can outline the terms and conditions of alimony or support, including the amount, duration, and method of payment.

Having a prenup that includes provisions for alimony or support can provide clarity and predictability in case of a divorce, avoiding potential disputes or litigation. It can help both parties understand their financial responsibilities and obligations towards each other, and provide a framework for addressing any financial support needs that may arise after a divorce.

Protection of Business Interests

For couples where one or both parties own a business, a prenuptial agreement can be particularly crucial in protecting business interests. A well-drafted prenup can outline how the business will be managed, treated as marital or separate property, and handled in case of divorce or separation.

A prenup can specify that the business will remain separate property and not subject to division or distribution in case of a divorce. It can also outline how the business will be valued and divided if necessary, or provide for a buy-out provision to protect the business owner's interests. This can help prevent potential financial losses and disruptions to business operations that may arise in the event of a divorce.

Moreover, a prenup can also address issues such as the involvement of the spouse in the business, ownership percentages, and decision-making authority. This can provide clarity and certainty for both parties and help avoid potential conflicts or disputes related to the business during the marriage or in case of a divorce.

Peace of Mind

One of the intangible but significant benefits of a prenuptial agreement is the peace of mind it can provide for both parties. Knowing that their assets, financial rights, and obligations are clearly defined and protected can reduce stress and uncertainty in the relationship. It can also minimize emotional and financial stress in potential divorce proceedings, as many of the contentious issues have already been addressed in the prenup.

A well-drafted prenup can provide a sense of security and stability, allowing couples to focus on building their relationship without the fear of financial disputes or legal battles in the future. It can also promote open and honest communication about financial matters, which can contribute to a healthy and harmonious marriage.

Conclusion

In conclusion, prenuptial agreements, while not mandatory, can offer significant benefits to couples in the Philippines. They provide a legal framework for protecting assets, clarifying financial rights and obligations, safeguarding family inheritance, addressing issues related to alimony or support, protecting business interests, and providing peace of mind. By taking a proactive approach to addressing potential financial challenges in a marriage, a well-drafted prenup can help couples navigate divorce or separation with greater clarity and reduce emotional and financial stress.

It is important for couples to understand that a prenup should not be viewed as a plan for divorce, but rather as a tool for safeguarding interests and promoting a healthy and harmonious relationship. Open communication, trust, and mutual understanding should always be prioritized in a marriage, alongside a legally valid and carefully drafted prenuptial agreement.

When considering a prenup, it is crucial to seek the assistance of a qualified legal professional who specializes in family law and has experience in drafting prenuptial agreements in the Philippines. This ensures that the prenup meets all legal requirements and serves the best interests of both parties.

While prenuptial agreements may not be for everyone, they can provide valuable protection and peace of mind for couples in the Philippines. It is essential to carefully weigh the pros and cons, communicate openly with your partner, and seek professional legal advice to make informed decisions about whether a prenup is right for your specific circumstances. Ultimately, a well-crafted prenup can serve as a valuable tool in safeguarding your financial interests and promoting a healthy and stable marriage.

People who only discover their spouse's true colors after they get married often say that they marry a stranger. While marriage is an opportunity to get to know your partner's strengths and weaknesses, some individuals are not yet ready to embrace these weaknesses. In fact, weaknesses can even be a reason that will push an individual to file a petition for annulment. For instance, a wife will not realise her husband's laziness unless they live under one roof. As most people dream of a better life after marriage, annulment has been deemed an escape when things do not go as planned. Can laziness be considered a ground for annulment? Can husband's failure to fulfill marital obligations enough to consider him psychologically incapacitated? Here are the grounds for annulment under Family Code of the Philippines:

VOID AND VOIDABLE MARRIAGES

Art. 80. The following marriages shall be void from the beginning:

(1) Those contracted under the ages of sixteen and fourteen years by the male and female respectively, even with the consent of the parents; 

(2) Those solemnized by any person not legally authorized to perform marriages;

(3) Those solemnized without a marriage license, save marriages of exceptional character;

(4) Bigamous or polygamous marriages not falling under Article 83, Number 2;

(5) Incestuous marriages mentioned in Article 81;

(6) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them;

(7) Those between stepbrothers and stepsisters and other marriages specified in Article 82. (n)

Art. 81. Marriages between the following are incestuous and void from their performance, whether the relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree;

(2) Between brothers and sisters, whether of the full or half blood;

(3) Between collateral relatives by blood within the fourth civil degree. (28a)

Art. 82. The following marriages shall also be void from the beginning:

(1) Between stepfathers and stepdaughters, and stepmothers and stepsons;

(2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter;

(3) Between the legitimate children of the adopter and the adopted. (28a)

Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless:

(1) The first marriage was annulled or dissolved; or

(2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to Articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. (29a)

Art. 84. No marriage license shall be issued to a widow till after three hundred days following the death of her husband, unless in the meantime she has given birth to a child. (n)

Art. 85. 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 between the ages of sixteen and twenty years, if male, or between the ages of fourteen and eighteen years, if female, and the marriage was solemnized without the consent of the parent, guardian or person having authority over the party, unless after attaining the ages of twenty or eighteen years, as the case may be, such party freely cohabited with the other and both lived together as husband and wife;

(2) In a subsequent marriage under Article 83, Number 2, that the former husband or wife believed to be dead was in fact living and the marriage with such former husband or wife was then in force;

(3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife;

(4) 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 her husband or his wife, as the case may be;

(5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be;

(6) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable. (30a)

Art. 86. Any of the following circumstances shall constitute fraud referred to in Number 4 of the preceding article:

(1) Misrepresentation as to the identity of one of the contracting parties;

(2) Non-disclosure of the previous conviction of the other party of a crime involving moral turpitude, and the penalty imposed was imprisonment for two years or more;

(3) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.

No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (n)

Art. 87. The action for annulment of marriage must be commenced by the parties and within the periods as follows:

(1) For causes mentioned in Number 1 of Article 85, by the party whose parent or guardian did not give his or her consent, within four years after attaining the age of twenty or eighteen years, as the case may be; or by the parent or guardian or person having legal charge, at any time before such party has arrived at the age of twenty or eighteen years;

(2) For causes mentioned in Number 2 of Article 85, by the spouse who has been absent, during his or her lifetime; or by either spouse of the subsequent marriage during the lifetime of the other;

(3) For causes mentioned in Number 3 of Article 85, by the sane spouse, who had no knowledge of the other's insanity; or by any relative or guardian of the party of unsound mind, at any time before the death of either party;

(4) For causes mentioned in Number 4, by the injured party, within four years after the discovery of the fraud;

(5) For causes mentioned in Number 5, by the injured party, within four years from the time the force or intimidation ceased;

(6) For causes mentioned in Number 6, by the injured party, within eight years after the marriage. (31a)

Art. 88. No judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment.

Art. 89. Children conceived or born of marriages which are void from the beginning shall have the same status, rights and obligations as acknowledged natural children, and are called natural children by legal fiction.

Children conceived of voidable marriages before the decree of annulment shall be considered as legitimate; and children conceived thereafter shall have the same status, rights and obligations as acknowledged natural children, and are also called natural children by legal fiction. (n)

Art. 90. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education and support. Attorney's fees and expenses incurred in the litigation shall be charged to the conjugal partnership property, unless the action fails. (33a)

Art. 91. Damages may be awarded in the following cases when the marriage is judicially annulled or declared void from the beginning:

(1) If there has been fraud, force or intimidation in obtaining the consent of one of the contracting parties;

(2) If either party was, at the time of the marriage, physically incapable of entering into the married state, and the other party was unaware thereof;

(3) If the person solemnizing the marriage was not legally authorized to perform marriages, and that fact was known to one of the contracting parties, but he or she concealed it from the other;

(4) If a bigamous or polygamous marriage was celebrated, and the impediment was concealed from the plaintiff by the party disqualified;

(5) If in an incestuous marriage, or a marriage between a stepbrother and a stepsister or other marriage prohibited by article 82, the relationship was known to only one of the contracting parties but was not disclosed to the other;

(6) If one party was insane and the other was aware thereof at the time of the marriage. (n)

A marriage is considered null and void once married couples are annulled based on the following grounds under Art. 45 of the Family Code. The case will not prosper if an individual files a case without the grounds for annulment being present. This is why it is no joke to consider ending a marriage because the process is both challenging and tedious. 

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;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(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;

(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;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. 

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. 

Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one;

(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity;

(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;

(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased;

(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage. 

Under the law, a marriage is considered null and void during the subsistence of a previous marriage. The court has to declare the prior spouse as presumed dead for the marriage to become valid.

Marriage is a tough decision. Once you decide to spend the rest of your life with the person you intend to marry, you need to embrace everything about the person including his/her flaws and imperfections.

Some married couples decide to part ways because both parties claim they married a stranger. Due to the long process involved in filing for petition of annulment, both parties may assume that long separation is enough to nullify marriage.

In fact, there are presumptions that when married parties do not see each other for more than seven years, it will automatically nullify your marriage. For instance, a woman marries a man in 2016 and the wife decided to seek for a CENOMAR or a Certificate of No Marriage Record. The CENOMAR is issued to prove that a person has not contracted any marriage.

Unfortunately, the wife found out that her husband has been married in 2000. It is natural for the wife to confront the husband about this issue. It turned out that the marriage that took place in 2000 did not last long because a month after the marriage, his wife left. The wife never returned and not knowing his wife's whereabouts, the husband presumed that the marriage is no longer valid.

Unfortunately, this is not the case. Since previous marriage has not been nullified, the spouse can face a criminal charge of bigamy.

According to Article 41 of the Family Code:

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.

As for the declaration of presumptive death under Article 41 of the Family code, the following requisites must be met:

1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code.

2. That the present spouse wishes to remarry.

3. That the present spouse has a well-founded belief that the absentee is dead.

4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.
 

The husband and wife may decide to call it quits because a spark of romance no longer ignites their relationship. Sometimes, married couples stay together because of their children. When the time comes that they cannot stand each other, separation is the only option worth-exploring. By separation means being physically separated without going through any judicial process. After a long period of physical separation, both parties may decide to find somebody new and start all over again.

The common misconception of separated husband and wife is that long separation automatically nullifies marriage. This is not true at all. Even if you have separated for more than 10 years, it does not deny the fact that your marriage is still valid. Death and judicial process are the options that can declare your marriage null and void.

Preparing and notarizing a document that declare both parties free to marry other individuals may be an alternative to the judicial process that married couples need to undergo. The document is also a proof that they will not file charges of concubinage or adultery against each other. Are these documents enough to nullify marriage or allow both parties to remarry?

Illegal, Immoral, Void

Since 1933, the Supreme Court has ruled that these documents are considered illegal, immoral and void. This rule has been in existence for 83 years. If ever judges, lawyers and notaries-public have prepared and signed this kind of document, they will be reprimanded by the Court. Penalties such as suspension or disbarment will be imposed. Unfortunately, these practices still exist.

These documents will not vindicate both parties in the event they commit a crime of adultery or concubinage. According to Article 221, Civil code, "any contract for personal separation between husband and wife and every extra judicial agreement, during the marriage, for the dissolution of the conjugal partnership" will be considered void by the law to preserve the institutions of the family and marriage. Even a notarized document will be not be considered as a way of facilitating the disintegration of a marriage nor will it encourage the separation of spouses.

For anyone who may attempt to use a notarized document for the belief that it is enough to remarry someone just because it has been notarized by a lawyer or a judge, you need to think again. You can run from the law, but you can never hide. Since the process involved in filing for nullity of marriage is long and expensive, an attempt to reconcile is still deemed necessary.

Annulment is the only option available to married couple in the Philippines. When filing for a petition to nullify marriage, the grounds for annulment must be taken into consideration. One of the grounds used for nullity of marriage is psychological incapacity. According to Article 36 of the Family Code of the Philippines, “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with his obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.”

How can a person identify if his or her spouse does not have an ability to assume basic marital obligations?

“(a)   A true inability to commit oneself to the essentials of marriage;

(b)   The inability must refer to the essential obligations of marriage, that is, the conjugal act, the community of life and love, the rendering of mutual help, and the procreation and education of offspring; and

(c)    The inability must be tantamount to a psychological abnormality.”

The person who files must also establish that there is indeed Psychological incapacity in his/her marriage.

“a)      The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.

b)      The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision.

c)      The incapacity must be proven to be existing at “the time of the celebration” of the marriage.

d)      Such incapacity must be also shown to be medically or clinically permanent or incurable.

e)      Such illness must be grave enough to bring about the disability of the party to assume essential obligations of marriage.

f)       The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221, and 225 of the same Code in regard to parents and their children.

g)      Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.

h)      The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition.”

Although it is one of the commonly used grounds for annulment, there are still some processes that must be put in place. For instance, a husband who is not getting along with his wife cannot allege psychological incapacity as a ground for annulment. Even if there are conflicting personalities or irreconcilable differences, a spouse cannot use these as a ground for filling an annulment case against his wife. The children will also remain legitimate even if the petition for nullity of marriage has been granted.

The door that provides answers to the lingering questions on child support is often less entered. There are no definite answers as some individuals resign to preconceived notions. While child support is not a taboo topic, the circumstances that have gotten a person into this kind of situation makes it difficult to open up. Due to the intricacies that one cannot easily decipher, a single parent chooses to shoulder the responsibilities no matter the challenges.

Although the law does not specify the exact amount that should be given to the child, there are factors that determine the amount of support. The amount is determined based on the giver’s financial capacity or resources and the recipient’s indispensable needs. Once the recipient is in need of maintenance, the support will be considered demandable based on Article 203 of the Family Code of the Philippines.
There are also factors that can lead to the modification of the amount of support. The amount will be changed or modified if there is an increase or reduction of the recipient’s necessities or the means or resources of the individual obliged to furnish the same. The increase or reduction in support will be implemented by motion based on the same proceeding which granted the support.

The persons obliged to support each other include:

•    Legitimate ascendants and descendants;
•    The spouses;
•    Parents and their legitimate children and the legitimate and illegitimate children of the latter;
•    Parents and their illegitimate children and the legitimate and illegitimate children of the latter;
•    Legitimate brothers and sisters, whether of full or half-blood.

The support continues until the child in question reaches 18, which is considered to be the age of majority. However, the support for education will still continue beyond the age of majority. The support for education includes the child’s training, expenses in going to and from school and transportation. There are two options that a person obliged can provide support to the recipient. Support can be given by paying a fixed allowance or maintaining the person entitled to get the support in his dwelling.

In cases where petition for annulment of marriage succeeds, the giver is no longer obliged to support the spouse. Nullity of marital union also discontinues the obligation of the giver to support the spouse. The support is only required to those who are husband and wife. They are the ones who require supporting each other and rendering mutual help.

If the wife is convicted of adultery, the husband will not be obliged to give support to her. This is due to the fact that the wife also loses the right to support. The husband has to prove that adultery has been committed because mere allegation does not bar the wife from her right to support.

Marriage is a sensitive subject matter that requires concrete answers. It is one of the most common topics being discussed in legal forums. If one has already found a new person to love, long separation does not necessarily nullify marriage because laws still get in the way.  Even if you are separated from your spouse for 10 years, it is not a sufficient ground for annulment. However, long separation will greatly depend on the circumstances. The petitioner is allowed to remarry if the court provides a declaration of presumptive death of the absent spouse. The separation between spouses is referred to as de facto separation. Both parties need to undergo proper procedure to nullify marriage. There are different ways marriage can be nullified: annulment, presumptive death, declaration of nullity and recognition of foreign divorce.

Article 83 of the Civil Code states:

“ Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any other person other than such first spouse shall be illegal and void from its performance, unless:

(2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of the contracting such subsequent marriage, or if the absentee is presumed dead according to articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court.”

A married individual who is separated from spouse should also note that legal separation does not allow a person to remarry as the spouses are still considered married to each other. Filing for legal separation is not faster than annulment because the petitioner needs to prove the allegations. There is also a mandatory 6-month cooling off period that must be observed as part of the procedure.

Article 55 of the Family Code outlines the grounds for legal separation:

“ (a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(b) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(c) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(d) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(e) Drug addiction or habitual alcoholism of the respondent;

(f) Lesbianism or homosexuality of the respondent;

(g) Contracting by the respondent of a subsequent bigamous marriage, whether in or outside the Philippines;

(h) Sexual infidelity or perversion of the respondent;

(i) Attempt on the life of petitioner by the respondent; or

(j) Abandonment of petitioner by respondent without justifiable cause for more than one year.”

You can lose your temper once you reach your boiling point. It can be due to a number of reasons such as betrayal. What would you do if your spouse commits adultery? Some can easily forgive a person and start a new life, but there are those who just cannot bury the hatchet. This means they can put matters into their own hands by killing the person responsible for committing such a crime.

Article 247 states:

“ Death or physical injuries under exceptional circumstances. — Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injuries, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducers, while the daughters are living with their parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse, shall not be entitled to the benefits of this article.”

The law only applies if the following elements are present:

“1. The offender is any legally married person;

2. The offender surprises his spouse in the act of committing sexual intercourse with another person;

3. The offender kills or seriously injures any or both of them;

4. The offender kills or seriously injures during the act of sexual intercourse or immediately thereafter.”

Since divorce is not yet legalized in the Philippines, annulment is the only option for couples who want to go separate ways. However, annulment is a long, tedious and expensive process. This is why there are couples who choose to stay married even when they are no longer living under one roof. However, some anomalies have recently surfaced revealing bogus court decisions. The Philippine Statistics Authority (PSA) considered this issue a cause for alarm.

The PSA is responsible for changing the status of the petitioner once a court decision has been made. Once the civil registry files have been updated, an annotated marriage certificate will be issued and the details of the proceedings can be found on the right-hand side of the document. The annotated marriage certificate is used for processing various documents including a fiancée visa or a passport.

Among 100 documents that have been verified, only five of them are considered correct. Aurelia Alido, a registration officer of PSA court urges the courts to ensure that all decisions are authentic. It should bear the civil case number and registered in court dockets. The judge should be the one to issue the decision according to Alido. If the annotated marriage certificate does not have the judge’s signature, it only means that the case does not exist. When applying for a fiancée visa, the embassies also verify the applications with the PSA and the process involves checking the civil registry documents’ transaction code.

There are also cases when marriage certificates are being pulled out from civil registry files as though marriage never happened. Fixers continue to prey on potential victims who want to end an unsuccessful marriage. Since everything has gone digital, the files have already been stored in a database and deleting or pulling out marriage certificates is not going to nullify marriages.

People who are found guilty of faking court documents violate Article 171 and 172  of the Revised Penal Code:

Art. 171. Falsification by public officer, employee or notary or ecclesiastical minister. – The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:

4.  Making untruthful statements in narration of facts;

Art. 172. Falsification by private individual and use of falsified documents. – The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon:

1.      Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and

2.      Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article.

If you happen to come across Article 333 and 334 of the Revised Penal Code, you will realize that gender inequality is evident even in our Penal Law. Proving women of committing a crime of adultery is not a daunting task as proof of sexual intercourse between the married woman and another man will suffice. Once the husband charges the offending parties with adultery, they can carry a penalty of two to six years if found guilty. 

“Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.”

“Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.

The concubine shall suffer the penalty of destierro.”

The husband can only get convicted for a crime of concubinage if and only if the wife has proven that her husband has been keeping a mistress in the conjugal dwelling or if he has been found to have sexual intercourse with a woman other than his wife under scandalous circumstances. The wife can also file charges if the husband has been cohabiting with the mistress in any other place.

However, the husband will only serve a sentence of six months to four years when convicted while his mistress would only receive banishment, which is also referred to as destierro. When a mistress is sentenced to destierro, she will be prohibited from entering the place or places designated in the sentence, or within the radius designated. She should keep a distance of at least 25 kilometers, and 250 kilometers at most from the place designated. 

If the offended spouse has pardoned the offenders, the criminal charge cannot prosper. Pardon can either be expressed or implied. An expressed pardon refers to writing an affidavit that the offended party is pardoning his or her spouse for his or her act. If the offended spouse chooses to continue living with the offender even after the offense has been committed, this will be considered an implied pardon.

The absence of divorce in the Philippines no longer comes as a surprise and for married couples who have already lost the spark of romance that used to ignite their way, this is bad news. Imagine the ordeal you have to go through just to file for petition for marriage annulment. Aside from the emotional difficulties you experience, the process is undoubtedly costly. 

The State mandates that “ marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.” The statement can be found in Section 2, Article XV of the 1987 Constitution of the Republic of the Philippines. 

In Section 3 of the 1987 Constitution of the Republic of the Philippines, the State shall defend:

1. The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions, which are considered preducial to their development;

2. The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

3. The right of the family to a family living wage and income; and 

4. The right of families or family associations to participate in the planning and implementation of policies and programs that affect them. 

In addition, the high court also requires inferior courts for a fiscal or an agent to appear from the Solicitor General’s office, representing himself as a counsel during hearings for annulment. The representative must also write whether annulment is approved or not.

To put it simply, the State will be the third party in any marriage. Everything must be done to save one’s marriage and annulment will be the couple’s last resort. Considering the tight bond of Filipino families, this law is indeed a clear indicator of how lawmakers put great importance to marriage. This is a challenge for married couples who have already decided to go on separate ways due to individual differences and other conflicts that cannot be settled through marriage counseling or other similar means. 

The family law in the Philippines has significantly changed over the years. While marriage's definition was used to be a simple union between a man and a woman, it is considered a special contract at present. A contract that prevents either parties from changing partners at the same rate they change their clothes. Revisions and additions on the family code are inevitable especially in this modern day and age when same sex marriage has also stirred a web of controversy. Perhaps, the family law in the country has once lain dormant and only awakened by the prevalence of domestic abuse, infidelity, etc. The video provides an overview of the recent changes and trends in family law. The changes benefit both traditional and modern families. They provide more options to couples who wish to seek legal assistance or advice. Are you also aware of the changes and trends in family law? How do you feel about them? Let us know your thoughts.

Annulment is the only option that is available to Filipino couples who wish to end their marriage. Since the legalization of divorce is far from happening, considering the fact that the process of passing a divorce bill is difficult, the only way couples can find a way out of problematic marriages is by seeking annulment. However, annulments are also expensive and come with a number of processes such as seeking assistance from legal counsel in filing petitions. 

Under Article 45 of The family Code of the Philippines, marriage can be annulled due to the following reasons: 

• Fraud

• Psychological incapacity

• Lack of parental consent

• Impotence or physical incapability that is affect the marriage 

• Consent of marriage was obtained by intimidation or force 

• Serious sexually transmitted disease 

The major fees for filling for a petition for annulment of marriage: 

• Filing Fees

The first step to take when seeking an annulment is to file for a Petition for Annulment of Marriage, which will be filed before Office of the Executive Clerk of Courts of the Regional Trial Courts of the city or province that you have been residing for at least a six months. 

• Acceptance Fees

Once the case is filed, the firm will charge an acceptance fee for taking on your case. The charges will vary from firm to firm. Some smaller firms have lower fees than bigger firms. 

• Pleading Fees

When filing for a petition for  annulment of marriage, you will be required to submit documents such as judicial affidavits, petrial briefs and others. You are more likely to submit at least 10 pleading and the fees will depend on the number of documents you submit.

• Appearance Fees

The lawyer need to go to court for a scheduled hearing and you will need to pay a fee for every appearance. On average, annulment cases have at least 7 appearances. 

• Psychiatrist/Doctor Fees

If the petition for annulment of marriage was filed due to psychological incapacity, a psychological report from a psychiatrist or doctor must be presented as proof of psychological incapacity. Doctors or psychiatrists are also made to testify in court as well. 

Aside from these above-mentioned fees, there are other costs that filing for a petition for annulment may incur. The cost can still increase if the process drags on or if there are some additional requirements that can lead to more appearances and pleadings. 

The processing time varies from location to location. On average, it will take around 2 years  to conclude a case for nullity of marriage. It may take longer if there are some complications especially if there are properties involved.

When filing a petition for annulment, several grounds will be looked into in order to find out whether or not such grounds carry weight that will strengthen the case. Infidelity is one of the most common reasons for filing a case, but it is not considered a ground for annulment. Infidelity can only be an acceptable basis for legal separation or filing a case for concubinage or adultery. In fact, infidelity cannot be used as a sole deciding factor in granting custody over a child. 

Under Revised Penal Code, Article 333, adultery refers to an extra marital relationship of a woman to a man other than her husband even if the man is well aware that the she is already married. A crime of adultery is committed for each sexual intercourse that takes place.

Under Article 334 of the Revised Penal Code or RPC, concubinage refers to the cohabitation of a married man with a mistress in the same or conjugal dwelling or an involvement of a married man with a woman who is not his wife in any other place. The sexual intercourse of the married man to the concubine took place under scandalous circumstance. 

Adultery VS Concubinage 

• Adultery is committed by a wife and should be charged together with the other man, while concubinage is committed by a husband and should be charged together with the other woman or concubine. 

• In adultery, a proof of sexual intercourse will suffice to file a case. On the other hand, concubinage cannot be pursued without proving that the sexual intercourse happened under scandalous circumstances. The case can be passed off as concubinage if cohabitation happens in the conjugal dwelling or in any other place. 

• Concubinage has lower penalty than adultery and the concubine’s penalty is only destierro, which refers to banishment or prohibition from residing within the accused party’s actual residence. The distance should be within the radius of 25 kilometers and banishment will be given for a specified length of time. In adultery the penalty for the man is the same as that of the guilty wife. 

The spouse who has been offended is the only person entitled for filing the action for concubinage or adultery provided, the marital status is present at the time the case was filed. The parties that will be prosecuted, if found guilty should be the offending spouse and the paramour, if both are still alive. 

If the offended spouse has pardoned the offenders, the case cannot be pursued and the criminal charge cannot prosper. Pardon can be implied or express. Express pardon is done in writing and serves as an affidavit that the offenders are pardoned for their act. The implied pardon is when the offended party chooses to live with his or her spouse, even after the offense’s commission. Pardon should be obtained or given before the criminal action’s institution.

In the Philippines married couples have two options to put an end to marital union: annulment and legal separation. While divorce advocates have been fighting for the legalization of divorce in the Philippines, there is no sign yet that people who want it legalized will emerge victorious. However, it is a different scenario in Muslim Mindanao or in Islamic laws to be more specific. In fact, Islamic laws grant three kinds of divorce and each of them has separate rules. These three kinds of divorce are talaq, li’an and khula. 

Islamic divorce in Mindanao defined: 

1. Talaq

In a talaq divorce, the Muslim husband initiates a divorce and pronounces the word talaq (I divorce you)  to his wife, but this can be withdrawn if both parties decide for reconciliation.  The word talaq can only be withdrawn twice and divorce will be considered irrevocable the third time the word is pronounced. In order to complete irrevocable divorce, the husband needs to comply with the requirements. 

2. Khula

Khula gives a woman the right to seek a divorce. The woman must also follow a waiting period and as compared to the right of men to initiate divorce, women’s rights are only limited. Women will be granted divorce if the husband failed to provide her basic needs or if there was no intercourse taking place for more than two months. Women must also repay marriage expenses and her dowry. If the child is older than seven years, the woman who seeks a divorce will not be granted child custody. However, the custody will be granted if the child is below seven years. By the time the child reaches the age of seven, the woman must give full custody to the father.  

3. Lian

Lian is also referred to as mulaana and this type of divorce is initiated when the husband accused the wife of adultery. This divorce is based on Quranic verses. There are three conditions that must be met for the husband to initiate Lian:

• The marriage state must be continuing.

• The marriage must be valid and there should be witnesses when the marriage was solemnized. 

• The husband must be liable to become a witness and has not received any punishment of qazf in the past. 

The financial obligations in divorce will also dependent on the length of marriage. The income levels of either the husband or the wife will also be taken into consideration. Once divorce is granted, the Islamic laws will apply wherein the wife is not entitled to the assets that have been earned during marriage.

In a country where divorce has not yet been legalized the next available option for couples who have reached the end of the line is marriage annulment. Before anyone can declare nullity of marriage, it is important that you have clearly understood what an annulment is. 

Common questions on annulment of marriage answered: 

1. What is an annulment? 

In a nutshell, the term is referred to by non-lawyers as cases undergoing annulment proceedings. On a legal perspective, it refers to annulment cases that fall under a specific Family Code. On the other hand, annulment of marriage is a court process that nullifies marital union. Even if couples are no longer living together, marriage remains valid until the court provides declaration of nullity. Note that void marriage is entirely different from voidable marriage. One cannot file the petition for annulment if the marriage has been considered void or invalid. 

2. What are the grounds of marriage annulment?

• Lack of parental consent. 

• Insanity

• Fraud

• Consent gained by force or intimidation

• Physical incapacity

• Sexually Transmitted Disease

3. What are the factors that cannot be considered grounds for annulment? 

• Infidelity

• Separation 

4. How do you get started with the annulment process? 

You will need to get an attorney for the process and be asked to write your marital history. You need to provide detailed information including the date you met your spouse. The description needs to be vivid and should also include the personality of your spouse as this is part of the case assessment. You will have to undergo psychological evaluation process to ensure that you have a sound mind when the petition was filed.  After the psychological evaluation, drafting and filing of petition will follow. You need to sign the petition before it is sent to the Regional Trial Court.  

Your spouse will receive a notification, referred to as summons informing him that a petition was filed. The petition needs to be answered 15 days from receipt. Notices will be served through publication in case the spouse is not in the country. There will be a series of investigation before the trial stage commences.  

5. Who is entitled for child custody in case of an annulment? 

Joint custody will be awarded unless the children have not reached the age of seven. For children below seven years old, the custody will be given to the mother and the father is given visiting privileges.  

6. Does filing the petition guarantee a marriage annulment? 

There is no guarantee that annulment will be granted and even the lawyers are prohibited to guarantee the outcome of the cases. 

7. What is the average time frame for the proceedings to be completed? 

On average, a decision is made within a year because there are several factors that must be taken into account such as the availability of the judge, court personnel, prosecutor, petitioner and psychologist. The time frame may also vary from place to place. 

8. Can petition for annulment be filed without the spouse’s consent? 

The consent or signature of your spouse will not be required if you wish to file a petition for marriage annulment. In fact, parties should not come to an agreement about filing the annulment petition. Investigations will also be conducted to check if both parties had a mutual agreement of filing the petition or have been fabricating evidence.

When married couples decide to put an end to the relationship, it is always the children that are caught in the middle. The scenario wherein one party demands for child support can become an endless battle. This is where R.A. 9262 steps in. It is a sad fact that even after the annulment proceedings, both parties just cannot meet halfway let alone having an agreement with child support. However, child support should not be a complicated issue. Child support refers to a policy in which regular payment for the financial support of a child must be made. It is very common among cases of marriage annulment, invalid marriages and children who are born out of relationships which are non-marital.  Although there are some technicalities that make the entire process difficult to understand, just catching a glimpse of the family code will help you gain basic knowledge. 

Based on articles 195 and 196 of the Family Code, the following are required to support each other: 

• The spouses;

• Legitimate ascendants and descendants;

• Parents and their legitimate children and the legitimate and illegitimate children of the latter;

• Parents and their illegitimate children and the legitimate and illegitimate children of the latter;

• Legitimate brothers and sisters, whether of full or half-blood.

On the other hand articles 194, 201 and 202 states that the support must be in proportion to the provider’s resources and the recipient’s necessities. 

When it comes to supporting the recipient’s education, the support covers the training or schooling, and expenses, which include transportation and allowances. The support can be given in two options: either paying a fixed allowance or maintaining the person entitled to receive support in the giver’s dwelling. 

However, if the petition of annulment was successful, you are no longer required to provide support unless there was mutual agreement on both parties regarding rendering support. So long as the hearing for the petition is ongoing and the decisions have not been ruled out yet, the support must be continuous. 

When filing for child support, the first step will be filing the case in the court system. Relevant information must also be provided and necessary documents needs to be secured. Some of the documents that you will be required to submit include a valid photo ID card, proof of address, birth certificate of the child or children, proof of income, payment history and many more. 

The requirements must be completed before any hearing could take place. The court will provide the date of hearing and the non-custodial parent will be informed about it. The information that was provided will be validated and parents are required to answer questions the court may have about parenthood. The process can be lengthy depending on the circumstances and evidence presented.