Annulment in the Philippines
Home alone every lunch time is a routine I face during the week days. While the household is devoid of the girls’ babblings and pitter patter, the ghosts at the second floor pace restlessly. I turn on the TV to distract me from unwanted ghostly apparitions. At least I can hear human voices. While watching Korina’s talk show , the topic of the Philippine state of annulment caught my interest. In my husband’s family, 3 out of 6 siblings’ marriage are either annulled, divorced or separated. Take your pick. I won’t go through the reasons for their separation but I believed they gave it their best shot before resorting to legal action or no legal action. Once upon a time, I also considered separation but thank God for this second chance at love and a more meaningful marriage. Now I am just wondering how the Supreme Court junked Amy Perez’ annulment petition.
The Supreme Court denied with finality the petition filed by actress Maria Armida “Amy” Perez asking for an annulment of her marriage to estranged husband Brix Ferraris, ANC reported Thursday.
In an eight-page resolution, the high court said the psychiatrist’s testimony failed to prove that Ferraris was suffering from psychological incapacity under Article 36 of the Family Code. The court also ruled that alcoholism, sexual infidelity and abandonment are not enough grounds to declare a marriage null and void.
Is it just bad luck that Amy’s case landed in the wrong court? Or is it because the pyschiatrist’ testimony is inadequate? I thought it was easy to get an annulment as I have heard of favorable annulment decisions from friends. My ex-sister in law was able to get the court’s favorable decision in less than a year. Was it because she was a lawyer? The Supreme Court found Perez’s husband’s alleged mixed personality disorder, the “leaving-the-house” attitude whenever they quarreled, the violent tendencies during epileptic attacks, the sexual infidelity, the abandonment and lack of support, and his preference to spend more time with his band mates than his family were not rooted in some debilitating psychological condition but a mere refusal or unwillingness to assume the essential obligations of marriage. Is that so?
What about alcoholism in some marriages?
In a 1992 JAMA article, the Joint Committee of the National Council on Alcoholism and Drug Dependence and the American Society of Addiction Medicine published this definition for alcoholism: “Alcoholism is a primary chronic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. The disease is often progressive and fatal. It is characterized by impaired control over drinking, preoccupation with the drug alcohol, use of alcohol despite adverse consequences, and distortions in thinking, mostly denial. Each of these symptoms may be continuous or periodic.”
The debate continues that alcoholism is a personal conduct problem, rather than a disease even in the US. I bet our courts don’t buy alcoholism either as a ground for psychological incapacity. Alcoholism needs to be established prior to their marriage. However, there is a way out to Amy’s annulment problem. If she converts to another citizenship , her divorce will be recognized in the Philippines. I don’t think that will be easy as it take years. Meantime, she is not free to remarry or even date as it could be viewed as adultery.
Examples of “psychologically incapacitated person” as drafted in the Family Code was not defined. The committee gave judges a leeway to interpret the provision on case to case basis. It’s just tough luck for rejected annulment cases. And wow, what a waste of lawyer fees!
A resource site for public information on annulment by a Cebu based family lawyer.
Technorati Tags: annulment, marriage, alcoholism
This is about me ( a 
hi noemi.As a lawyer handling family court cases for years, I have come to accept that courts have an unrealistic (if not hypocritical) view of when annulment is justified. Contrary to popular perception, a lot of annulment petitions get denied. It seems that courts are swayed only by certain grounds which are really extreme. I wonder when courts will accept the fact marriage can and do fall apart on simpler, albeit actual grounds which prove traumatic to spouses.
@Lemon: i was under the impression that it was easy to get an annulment. In fact, I always thought of it as a way out of marriage . Sabi ko there is a precedent anyway in my spouse family. I think it’s a blessing that I didn’t pursue it.
my annullment is also still in court at the moment. as far as i was informed this annullment has been filed a year ago and now we are waiting for the final court decision.
my ex husband was the one who filed the annullment. the court gave me a letter that this is already for final decision. i never showed up not even in one of the court hearings as i am abroad at the moment. my ex- husband who filed it has two kids now and living happily with his new partner.
iam just wondering how long will we wait for the final court order as we also need a closure to our relationship and both of us have to move on with our lives.
anyway, my question is how do we know if there is a problem with the case just like in amy perez’s case? does the court inform the parties involved ahead of time? or you will just know it in the end?
all the best to you!
shashavica
please visit my blogsite: http://www.shashavica.blogspot.com
i guess it’s great time to have divorce in the philippines. annulment - from what i understand is that, well, it cancels the previous marriage as if it did not exist. but everybody knows that yes, it did exist. and heck, the fee is way too high for the common tao, for mr juan dela cruz.. is it a law destined only for the elites? for those who can afford? and for those who cannot, magdusa na lang sila?
sorry, it’s my first comment here and i already rant. the inequality in the philippines is just a hot topic for me..
anyways.. hello there.. came from pinoyblog
@ginger: Please respect my privacy if I don’t mention details. I didn’t approve your comments. If you have any questions, email me personally and introduce yourself without hiding your real identity. YOU seem to know my husband’s family. Just because I blog about it gives you the right to question my statistics…if you know my husband’s family that well, why don’t you ask them to confirm it.?
Some marriages do fail. and when they do, it is futile for the courts to try to keep it intact when neither of the parties involved believe in it anymore.
I believe that annulment would be the more “humane” solution for everybody, particularly the children. I have seen troubled marriages and more often than not, the children suffer as much, if not more, than the parents themselves.
I myself came from a broken family. When it finally splitted apart, it came more of a relief… like saying, finally, we can move on, rather than dwell in a family environment with all the pain, deceit, anger going around.
Take my case. Had my parents filed for annulment, and were denied, the marriage would still remain in tatters.
Are the courts under the impression that when a petition is denied… the parties would say,… oh well! we got denied. We might as well get back together!!! that’s preposterous.
We all know ARticle 36 is influenced by our strong Catholic background.
shashavica, as parties to the case, you and your spouse will be informed as soon as the decision is out. in amy perez’s case, although it was the Supreme Court which denied her petition for annulment, as a matter of procedure, she and her spouse were informed previously when the lower court handed down the decision.if what you meant to ask is, will you be informed of the nature of the decision before it is released, the answer is no.
Hello,
I am looking for petition for nullity of marriage and am at a loss as to where to begin. I’m guessing the best way to start is to find a good, reliable, and most importantly, affordable lawyer. Can you please refer someone I can consult with? Seeing as your in-laws have been successful in getting their annulments.
I look forward to your reply.
hello,
gusto ko kasing magapply ng annulment,anyway pinagusapan na namin ng wife ko ang tungkol dito,baka naman may kakilala kyong lawyer na pwede kong mapag-
tanungan tungkol sa annulment,gusto ko kasing malaman kung anong ground ang pwede kong gamitin sa pagapply ng annulment.thank’s!!
marriage is bullshit..i need 2 get an annulment too..my wife is such a bitch.. konsumo ng bayan..leche..
There are many things going wrong in this country and not allowing a sensible marriage dissolution procedure by legislature is the very reason why many marriages are failing. In no time at all, people will find it more realistic if they just cohabit without the hang-ups of being tied down in a possible future unhappy ending. Kids are seeing and living it nowadays, we are not going to take chance in marriage ever. Marriage will self-expire as people unlearn how to sacrifice or give unconditional love. Thanks to these courts we will learn how to technically avoid this license to slavery (marriage) by just, you know, being cohabiting single. When I grow up, I will lobby for a marriage - free Philippines.
Enough of that wedding gowns and entourage romanticism, life is not wedding day, its the married life that counts.
Imagine how healthy kids will be without it. That hypocritical shackle of an unhappy marriage must end.
This is not for those who have find a happy married life, which by all means, should marry for the good side of it.
China guy:
Collusion with your wife regarding your plans to annul your marriage will garner instant denial from the courts-dahil kumbaga pinaiikot nyo lang yung court sa nais ninyo. Parang sabwatan-which will be denied. Parang di totoong away ang sasabihin nitong korte.
I want to file for an annulment, the problem is Im am working abroad. I want to seek for legal advices about it but at this point I don’t know who to turn to. Marriage for me was the last straw to make the relationship work but it didn’t turned out the way i hoped them to be. Now, I am stuck in this marriage that I had doubts of getting into in the first place. Can you refer for me lawyers handling annulment cases. Please, I want to have peace of mind.
hi!
you need to ask for at least somebody like your trusted relative
to get a lawyer for you. he will send you petition papers, as what they call it. you need to sign that and scan it back to your lawyer.
that will take care of it.
Please I really need help as well. I get physical and verbal abuses from my husband and we quarrel a lot. I want to free my three little daughters from this kind of environment. I am just an ordinary employee and is the bread winner of the family. Can you please refer me to a good lawyer and whose charging rate is relatively low for an annulment procedure? Please, please. Thank you very much.
I am sorry. I don’t know of an annulment lawyer.
kasal ako for 14 yrs,d nko masaya s asawa ko at gusto ko ng magpkasal s bgo kong bf n taga usa.s simula p lng ng pagsasama nmin,d ako maligaya s sexual activities nmin,pero na blessed p ri kmi ng 3 sons.im always left behind during sexual intercourse at natuto akong gumawa ng sarili kong paraan para lang “makaraos”.walang bisyo ang husband ko at ito lng ang tangi kong ground n nakikita sa knya,ang kakulangan nya s sexual activities nmin,masasabi po bng ground ito kung d ka maligaya sa knya??
specially with sex???
I know one lawyer who handled my annulment case and he delivered my annulment decree in 4 months. He charges quite reasonable. You can contact him at morelaw50@hotmail.com
hi natasha!
hope you’ve read my email there regarding my friends’ case..
could you quote the amount that would cost you if you’ll be the one to file the annulment?..my friend wants to know it for him to prepare for it.
thanx!
hi natasha!..
Dont know if you’ve read my email there regarding my friends’ case, now he wants to know how much would you spend if you’ll be the one to file the annulment.
Could you please give us a quote of the amount that he’ll be spending out for him to prepare.
Thanks a lot!
Hello Natasha,
I have been through with my 3 and final hearing from me, my witness and my psychologist. Now, the court had called my husband for his testimony next month. I am curious, did you appear when the court called your husband? Did your lawyer run the papers after decision as part of the package, from the returns to the finality and the decree? Thanks
My husband did not appear. But I suggest that you be present in Court when your husband testifies so that you will hear what he will have to say against you. Also, you will observe his demeanor.
My lawyer did everything. From following up the finality of the decision and in the registration with the Local Civil Registrar and finally with the NSO.
Good Luck!
I am presently working abroad.Storyang maayos na ina at asawa na niloko ng asawa.eto nagpapakahirap sa abroad,nagpapaalila sa ibang bansa just to meet the soaring high prices of the basic necessity sa pinas. Gusto ko sanang magpa annulled,but to ever think of how much it would cost me, wag na lang. But sana magbago na ang mentality nating mga pinoy . maisip naman sana na may mga common tao din na gusto ring magpa annulled ng kasal.napakahirap matali sa isang taong ni hindi alam ang salitang responsibility at good parenting. I wish!!!! mas masakit sa mga kids ko na nambababae ang asawa ko habang hirap ako dito abroad.Please paano naman kami na OFW na ganito ang sitwasyon.Bayani daw!???
hi! i’ve been separated (not legally) for 11yrs now … my husband cheated on me, he’s an alcoholic , constant liar and a lot more but i know these are not grounds for annulment. he doesnt support us , we have 3 beautiful children, i worked hard to send my 2kids to college.
now, i feel so weak and kindla sickling … im afraid i cant work anymore. can’t find their father not even his relatives don’t know of his whereabouts or just simply hiding him.
i’ve been dying to file for annulment for the past 10yrs now but since im supporting my kids , i’ve no extra money anymore.
question is , can i just file for presumptive death of the absent spouse? what are the things i need to do first? please help me! thank you
hi!anyone out there to help my friend. He and the girl he got pregnant to got married at the age of 17 with their parents consent eventhough he doesnt want to get married at that time. They just get together for 1 year because he sent the girl to abroad. There the girl find someone else and went to that guy she knew. Both my friend and her ex wife is in abroad now in different countries.
My friend wants to file for an annulment but he doesn’t know how to since both of them are out of the country. Can annulment be worked on if both parties are not here but marriage was conducted here in the Phils. if so how?..
thanx..
hi.. im 28 now and was married when i was 19 but that is because i was pregnant.. i dont want to be tied up supose but the guy’s parents insisted.. after a year of that marriage we separated and i went home with my son to my parents house..
abyways we were talking about the annulment of the marriage because he has a new one now and its been 9 years already that we are separated (not legally) and we want to move on with our lives.. he asked me to seek for advise about this on what grounds will it be and all that.. can i be advised?
hi jam!:)
thanx for the advice, i’ll tell my friend of that..i hope everything would work on smoothly..
thanx:)
hi! i would like to ask,can annulment be worked on if one party is in the canada, & my husband is in the phils,but our marriage was conducted in the phils? can i file my annulment here in canada? thanx
when i first met my husband he’s been telling me that they are rich, he can get what he wants, & have alot of properties. inspite of that i doesn’t matter to me, all i know is we are in-love with each other i was 18 years old at that time. as time pass, whenever i talk to my classmates w/c are in opposite sex, he always get angry & always telling me that he will commit suicide if i left him, i was so afraid but at the same time flattered to find out that he can’t leave w/out me. its always been the same scenario in 2years. his family dont like me bcoz we came from a poor family & they want they’re son to get marry an heridera, which i found out that the girl is just 9 years old & my boyfriend is 22. i wasn’t aware that, but whenever i try to break up w/him, he always attempt suicide or harassing me like he will not want me to go home or get him self killed in the road by a car. i did finish my studies bcoz of what he is doing in school, i was so embarass of what he did, esp. infront of my family & friends. we got married Nov.2003 i was 19 years old, my husband & i been bf & gf for 2years, then forcefully get married bcoz of our religion (iglesia ni cristo) & bcoz i was found pregnant. i was really confused at that time to pursue the wedding bcoz i dont want to get married just bcoz i’m pregnant & bcoz we are an iglesia ni cristo member. her sisters & mother did not attend the wedding, that my family & relatives been wondering. after the wedding i found out that i am not pregnant, i’m just carrying a molar pregnancy or what they call UBAS-UBAS, there is no baby inside my womb, & been to the hospital for Raspa, he wasn/t there for me to take care of, its just my friend & my father, his family did.t even visited me in the hospital. he’s been dating a lot of girls from the beer house, been rumored to be homosexual & every time that we argue about his girls, he accused me of committing adultery w/ is not true. & he is irresponsible, he have no work & just steal money from his parents to buy things that he personally wants. he don’t even care on what are my needs. he always asks his mom regarding any of his decisions. my friends testified that he & my friend are having a relationship & already have a baby. AM I QUALIFIED TO GET AN ANNULMENT? thank you. i’ll appreciate so much for the reply. sorry for the words, i wasn’t able to finish my studies bcoz of my husband & my family has no capabilities to get me back to school now. sorry for the long story. pls. reply me with your opinion. THANK YOU SO MUCH.
Let’s face it. There’s is a growing number of people who are seeking for annulment but having so many questions as to how or what’s the best way to do it or who is the best lawyer to hire? I had my annulment last 2006 due to bigamous marriage and fortunately, wala pa mashadong pakeme sa court rules and my ex never showed up in court that’s why i had the court’s finality in 3months. Now, I am planning to file for my 2nd annulment. Malas lang talaga ako sa asawa.With all the new rules that came up, parang napaka complikado na mag file. For me, it’s just simple, if things don’t work anymore, why prolong the agony? Let’s set aside the pride. I believe rules were made by men and it’s men who can also change them. I’ve been married with my 2nd husband for 10 years. The first year of marriage was ok but after that it went rocky. Money issues, infedelity, irresponsibility are the common grounds. I had enough so we separated physically. Now it has been 2.5 years. Mukang hiyang siya na walang responsibilidad sa mga bata at sa mga bills. Dahil sa akin lahat ang hirap but I don’t mind. It’s less painful kaysa magkasama kami sa bahay with the children at away lang ng away. The court never sees this everyday arguments thats why it’s easier for them to deny. I hope the court will be realistic and be practical with their decision. It’s kinda tormenting to be denied of annulment. Besides, kahit pa madeny ang annulment, di na rin naman magsasama ang mag-asawang hiwalay na. I remember what my dad said when he was still alive. Separation from marriage is a private matter. It only becomes public when you take it to court. Kaya naman most of the women now, nagtitiis na lang kaysa sa mag file coz of 2 reasons: its expensive and they feel the court will just dump the case later on. AND YES, DAPAT LANG MAY DIVORCE NA SA PINAS. TAYO NALANG ATA ANG BANSANG WALANG DIVORCE! LET’S ALL GET REAL. I wonder whatever happened to the divorce bill that was passed in congress? Nakalimutan na din ata.
i have been married for 1 year and 4 months and my daughter is 2 years old. when i got married my husband was 20 and i was 25 since my husband was underage his father was the one who sign his consent. Since, my husband is young I’m 5 years older I am the one working for my family. I send him to school paid tuition , give baon and i am the one supporting for all the needs of our daughter. I feel like I am carrying a heavy burden because I am working for my family. My husband never exerted effort to work since he’s too dependent on me. The reason why I got married was because I am pregnant and my uncle who sent me to college wants me to get married in short my father’s side agreed to the marriage, since my parents are separated my mom never knows about this and will be furious of me if she knows it because he disapproves of my husband. And now, I am tired of all of this and I separated with my husband because I feel I don’t deserve this kind of burden and besides I don’t feel any love for him anymore. Of course, my baby will come with me since my husband have nothing to support my baby since he can’t even support himself. We always would quarrel on petty things since we have so many incompatibilities and our sexual life is not happy either I don’t feel anything when we do it no love at all. Now, I have a boyfriend and we want to get married and have a life of our own together with my daughter and he also wants to adopt my daughter as his own.
What is the best ground that I can file for annulment and I know its expensive but how much does it normally cost and does it take so long?
hoping for your reply. thanks and more power!
you have same marriage xperience of my friend,she have 3 kids, all the children was on her care.no supports frm. the father.as in nothing.im so proud of her coz despite of all she’s been through she never gived up.
she saved money for annulment. she had a boyfriend now who wants to marry her and they are planning to migrate in canada,
she filed annulment last june 2008 and last nov. 12 it was granted.
if your interested email me i will refer u to my friend u can ask her about the process and how much it cost.
as far as i know not more than 200k, she paid it in installment.
here’s my email add.
missya999@yahoo.com
Hell’o,
My fiancee is need of an annulment. She has been separated from her husband for 5 years. Do you know of an affordable lawyer that would help us so that we can get married?
Thank you!
Steve
steve i send you an email.
GOD BLESS AND GOOD LUCK
I just want to ask what’s the best thing to do with our marriage.. I was pregnant 9 years ago and it happened that the father of my child was in United States during that time and his family decided that we got married while he was in US and I was here in the Philippines because they want to give their surname to my child.. His family just fixed our marriage contracts to be registered in National Statistics Office.. It’s because they are related to the Mayor of their town that’s why they were able to produce a marriage certificate and registered at the NSO.. Bottom line…kinasal kami while he’s in US and I was here in the Phils.. Pinapadala lang through DHL ung certificate para pirmahan… My question is, “Is our marriage valid?” We are no longer in good terms and I want to stay single and unattached and take back my maiden name… What should I do? I’m really confused… Please help me answer my questions.. Thanks…
Hello Ms. confused girl,
” My question is, “Is our marriage valid?” - yes ur marriage is valid, naka record sa NSO eh, Hanap ka sis ng magaling na lawyer at mag pa file ka ng annulment para pwde mo change lahat ng documents mo to ur single name. Kaya lang un lang mahal bayad mag pa annul.
May I asked some questions? After the so called faked marriage did you and the guy lived together? did he came back and lived with you? or after that faked marriage he never came back?or if he id is it only every vacation? yours can be a ground for annullment if you do not lived as husband and wives from the start. your ground will be psychological incapacitated Under article 36 of the family code.
Been there done that. I am annulled and back to my single status. Annullment really depends upon your lawyer and how well he/she does your petition. I noticed that like me some of you are confused about what ground you should use. It is upon your lawyer discretion Which means “nasa diskarte nya panu nya palalabasin ang grounds for annullment habang iniinterview nya kayo about your marriage” dun nya ipapasok ang grounds nyo. so if you think wala kayong sapat na grounds well your lawyer should be the one doing that steps for you. gaya ng sinasabi ko nga ” sa court alam naman natin nangyayari na me kasalanan na yun tao pero aacquit pa din so the same with annullment.
hello i’m really in need of help….
i was married almost 11 years ago, but it was never consumated… last time i saw him was aug 1998…. we never had communication at all and he never supports our child… i want to be free…. i know that there is a ground wherein after 7 years that no communication at all means the marriage is automatically not valid…. help! how can i avail this one? since we haven’t been in contact for almost 11 years now…
is this really true???
Cuties last blog post..Photo Hunt: Wide
Hi cutiebaby. annullment really depends on your lawyer capabilities and PR in court. I had my marriage annulled and it was granted. Email me and I can share my experiences with you. Regards
hello atvioya,
ur email add please….
thank you
Cuties last blog post..Mayor Nasser Pangandaman Jr. (DAR chief’s son) Mauled A Father & Son at Valley Golf and Country Club
i was pregnant when we get married but before the marriage i want to back out but my husband got angry because everything was prepared,now that we have 3 daughters i want to file an annulment because he was so irresponisble,he dont give support to our children and i was mentally and physically abuse, he always abandone us whenever there is a big problem that occur,and when i resolve the problem he will just come out again..Now i want to file an annulment because i fall out of love for him because of his attitude. I want to know the first step and how long it will take because i’m planning to go to another country and bring my children with me..Can u help me with it? How much it will cost?Can i bring my kids with me even without his consent?Thank you so much and please i need your response..
HI! am new here, im having a prob, pls. help! my bf had final decision in court already due to bigamous marriage, its now null and void. Now, we have to get catholic annulment to be able to get married in church…..the problem is..i don’t know how long it will take again. Were frustrated already we wanted to get married this year in church as our priority. They got married in church kasi. If civil lang no problem.. Any info? suggestions? If we go for garden wedding? christian yon me effect be sa catholic church? bigamy pa din ba if we dont annul the church and go for catholic christian wedding?