A. M. No. 02-11-10-SC
Rule on Declaration of Absolute Nullity of Void Marriages and Annulment
of Voidable Marriages
(March 4, 2003)
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Section 1. Scope - This Rule shall govern petitions for declaration
of absolute nullity of void marriages and annulment
of voidable marriages under the Family
Code of the Philippines.
The Rules of Court shall apply
suppletorily.
Sec. 2. Petition for declaration of absolute nullity of void
marriages.
(a) Who may file. - A petition
for declaration of absolute nullity of void marriage may be filed
solely by the husband or the wife. (n)
(b) Where to file. - The petition
shall be filed in the Family Court.
(c) Impresriptibility
of action or defense. - An action or defense for the declaration
of absolute nullity of void marriage shall not prescribe.
(d) What to allege. - A petition
under Article
36 of Family Code shall specially allege the complete facts
showing that either or both parties were psychologically incapacitated
from complying with the essential marital obligations of marriages
at the time of the celebration of marriage even if such incapacity
becomes manifest only after its celebration.
The complete facts should allege
the physical manifestations, if any, as are indicative of psychological
incapacity at the time of the celebration of the marriage but expert
opinion need not be alleged.
Sec.
3. Petition for annulment
of voidable marriages. -
(a) Who may file. - The following
persons may file a petition for annulment of voidable
marriage based on any of the grounds under Article
45 of the Family Code and within the period herein indicated:
(1) The contracting party whose
parent, or guardian, or person exercising substitute parental
authority did not give his or her consent, within five years
after attaining the age of twenty-one unless, after attaining
the age of twenty-one, such party freely cohabited with the
other as husband or wife; or the parent, guardian or person
having legal charge of the contracting party, at any time before
such party has reached the age of twenty-one;
(2) The sane spouse who had
no knowledge of the other's insanity; or by any relative, guardian,
or person having legal charge of the insane, at any time before
the death of either party; or by the insane spouse during a
lucid interval or after regaining sanity, provided that the
petitioner, after coming to reason, has not freely cohabited
with the other as husband or wife;
(3) The injured party whose
consent was obtained by fraud, within five years after the discovery
of the fraud, provided that said party, with full knowledge
of the facts constituting the fraud, has not freely cohabited
with the other as husband or wife;
(4) The injured party whose
consent was obtained by force, intimidation, or undue influence,
within five years from the time the force intimidation, or undue
influence disappeared or ceased, provided that the force, intimidation,
or undue influence having disappeared or ceased, said party
has not thereafter freely cohabited with the other as husband
or wife;
(5) The injured party where
the other spouse is physically incapable of consummating the
marriage with the other and such incapability continues and
appears to be incurable, within five years after the celebration
of marriage; and
(6) The injured party where
the other party was afflicted with a sexually-transmissible
disease found to be serious and appears to be incurable, within
five years after the celebration of marriage.
(b) Where to file. - The petition
shall be filed in the Family Court.
Sec.
4. Venue. - The petition
shall be filed in the Family Court of the province or city where
the petitioner or the respondent has been residing for at least
six months prior to the date of filing, or in the case of a non-resident
respondent, where he may be found in the Philippines at the election of the petitioner.
Sec.
5. Contents and form
of petition.
(1) The petition shall allege
the complete facts constituting the cause of action.
(2) it
shall state the names and ages of the common children of the parties
and specify the regime governing their property relations, as
well as the properties involved.
If there is no adequate provision
in a written agreement between the parties, the petitioner may
apply for a provisional order for spousal support, custody and
support of common children, visitation rights, administration
of community or conjugal property, and other matters similarly
requiring urgent action.
(3) it
must be verified and accompanied by a certification against forum
shopping. The verification and certification must be signed personally
by the petitioner. No petition may be filed solely by counsel
or through an attorney-in-fact.
If the petitioner is in a foreign
country, the verification and certification against forum shopping
shall be authenticated by the duly authorized officer of the Philippine
embassy or legation, consul general, consul or vice-consul or
consular agent in said country.
(4) it
shall be filed in six copies. The petitioner shall serve a copy
of the petition on the Office of the Solicitor General and the
Office of the City or Provincial Prosecutor, within five days
from the date of its filing and submit to the court proof of such
service within the same period.
Failure to comply with any of the
preceding requirements may be a ground for immediate dismissal of
the petition.
Sec.
6. Summons. - The service
of summons shall be governed by Rule 14 of the Rules of Court and
by the following rules:
(1) Where the respondent cannot
be located at his given address or his whereabouts are unknown
and cannot be ascertained by diligent inquiry, service of summons
may, by leave of court, be effected upon him by publication once
a week for two consecutive weeks in a newspaper of general circulation
in the Philippines and in such places as the court may order In
addition, a copy of the summons shall be served on the respondent
at his last known address by registered mail or any other means
the court may deem sufficient.
(2) The summons to be published
shall be contained in an order of the court with the following
data:
(a) title of the case; (b) docket number; (c) nature of the petition;
(d) principal grounds of the petition and the reliefs prayed for;
and (e) a directive for the respondent to answer within thirty
days from the last issue of publication.
Sec.
7. Motion to dismiss.
- No motion to dismiss the petition shall be allowed except on the
ground of lack of jurisdiction over the subject matter or over the
parties; provided, however, that any other ground that might warrant
a dismissal of the case may be raised as an affirmative defense
in an answer.
Sec.
8. Answer.
(1) The respondent shall file
his answer within fifteen days from service of summons, or within
thirty days from the last issue of publication in case of service
of summons by publication. The answer must be verified by the
respondent himself and not by counsel or attorney-in-fact.
(2) If the respondent fails to
file an answer, the court shall not declare him or her in default.
(3) Where no answer is filed
or if the answer does not tender an issue, the court shall order
the public prosecutor to investigate whether collusion exists
between the parties.
Sec.
9. Investigation report
of public prosecutor.
(1) Within one month after receipt
of the court order mentioned in paragraph (3) of Section 8 above,
the public prosecutor shall submit a report to the court stating
whether the parties are in collusion and serve copies thereof
on the parties and their respective counsels, if any.
(2) If the public prosecutor
finds that collusion exists, he shall state thebasis thereof in
his report. The parties shall file their respective comments on
the findings within ten days from receipt of a copy of a report
The court shall set the report for hearing and If convinced that
the parties are in collusion, it shall dismiss the petition.
(3) If the public prosecutor
reports that no collusion exists, the court shall set the case
for pre-trial. It shall be the duty of the public prosecutor to
appear for the State at the pre-trial.
Sec.
10. Social worker. -
The court may require a social worker to conduct a case study and
submit the corresponding report at least three days before the pre-trial.
The court may also require a case study at any stage of the case
whenever necessary.
Sec.
11. Pre-trial. -
(1) Pre-trial mandatory. - A
pre-trial is mandatory. On motion or motu proprio, the court shall
set the pre-trial after the last pleading has been served and
filed, or upon receipt of the report of the public prosecutor
that no collusion exists between the parties.
(2) Notice of pre-trial. -
(a) The notice of pre-trial shall contain:
(1) the
date of pre-trial conference; and
(2) an
order directing the parties to file and serve their respective
pre-trial briefs in such manner as shall ensure the receipt
thereof by the adverse party at least three days before the
date of pre-trial.
(b) The notice shall be served
separately on the parties and their respective counsels as well
as on the public prosecutor. It shall be their duty to appear
personally at the pre-trial.
(c) Notice of pre-trial shall
be sent to the respondent even if he fails to file an answer.
In case of summons by publication and the respondent failed to
file his answer, notice of pre-trial shall be sent to respondent
at his last known address.
Sec.
12. Contents of pre-trial
brief. - The pre-trial brief shall contain the following:
(a) A statement of the willingness
of the parties to enter into agreements as may be allowed by law,
indicating the desired terms thereof;
(b) A concise statement of their
respective claims together with the applicable laws and authorities;
(c) Admitted facts and proposed
stipulations of facts, as well as the disputed factual and legal
issues;
(d) All the evidence to be presented,
including expert opinion, if any, briefly stating or describing
the nature and purpose thereof;
(e) The number and names of the
witnesses and their respective affidavits; and
(f) Such other matters as the
court may require.
Failure to file the pre-trial brief
or to comply with its required contents shall have the same effect
as failure to appear at the pre-trial under the succeeding paragraphs.
Sec.
13. Effect of failure
to appear at the pre-trial.
{a)
If the petitioner fails to appear personally, the case shall be
dismissed unless his counsel or a duly authorized representative
appears in court and proves a valid excuse for the non-appearance
of the petitioner.
(b) If the respondent has filed
his answer but fails to appear, the court shall proceed with the
pre-trial and require the public prosecutor to investigate the
non-appearance of the respondent and submit within fifteen days
thereafter a report to the court stating whether his non-appearance
is due to any collusion between the parties. If there Is
no collusion, the court shall require the public prosecutor to
intervene for the State during the trial on the merits to prevent
suppression or fabrication of evidence.
Sec. 14. Pre-trial conference. - At the pre-trial conference,
the court:
(a) May refer the issues to a
mediator who shall assist the parties in reaching an agreement
on matters not prohibited by law.
The mediator shall render a report
within one month from referral which, for good reasons, the court
may extend for a period not exceeding one month.
(b) In case mediation is not
availed of or where it fails, the court shall proceed with the
pre-trial conference, on which occasion it shall consider the
advisability of receiving expert testimony and such other matters
as may aid in the prompt disposition of the petition.
Sec.
15. Pre-trial order.
{a) The
proceedings in the pre-trial shall be recorded. Upon termination
of the pre-trial, the court shall Issue a pre-trial order which
shall recite in detail the matters taken up in the conference,
the action taken thereon, the amendments allowed on the pleadings,
and except as to the ground of declaration of nullity or annulment,
the agreements or admissions made by the parties on any of the
matters considered, including any provisional order that may be
necessary or agreed upon by the parties.
(b) Should the action proceed
to trial, the order shall contain a recital of the following:
(1) Facts undisputed, admitted,
and those which need not be proved subject to Section 16 of
this Rule;
(2) Factual and legal issues
to be litigated;
(3) Evidence, including objects
and documents, that have been marked and will be presented;
(4) Names of witnesses who
will be presented and their testimonies in the form of affidavits;
and
(5) Schedule of the presentation
of evidence.
(c) The pre-trial order shall
also contain a directive to the public prosecutor to appear for
the State and take steps to prevent collusion between the parties
at any stage of the proceedings and fabrication or suppression
of evidence during the trial on the merits.
(d) The parties shall not be
allowed to raise issues or present witnesses and evidence other
than those stated in the pre-trial order.
The order shall control the trial
of the case, unless modified by the court to prevent manifest
injustice.
(e) The parties shall have five
days from receipt of the pre-trial order to propose corrections
or modifications.
Sec.
16. Prohibited compromise.
- The court shall not allow compromise on prohibited matters, such
as the following:
(a) The civil status of persons;
(b) The validity of a marriage
or of a legal separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts;
and
(f) Future legitime.
Sec.
17. Trial. -
(1) The
presiding judge shall personally conduct the trial of the case.
No delegation of the reception of evidence to a commissioner shall
be allowed except as to matters involving property relations of
the spouses.
(2) The grounds for declaration
of absolute nullity or annulment of marriage must be proved. No
judgment on the pleadings, summary judgment, or confession of
judgment shall be allowed.
(3} The
court may order the exclusion from the courtroom of all persons,
including members of the press, who do not have a direct interest
in the case. Such an order may be made if the court determines
on the record that requiring a party to testify in open court
would not enhance the ascertainment of truth; would cause to the
party psychological harm or inability to effectively communicate
due to embarrassment, fear, or timidity; would violate the right
of a party to privacy; or would be offensive to decency or public
morals.
(4) No copy shall be taken nor
any examination or perusal of the records of the case or parts
thereof be made by any person other than a party or counsel of
a party, except by order of the court.
Sec.
18. Memoranda. - The
court may require the parties and the public prosecutor, in consultation
with the Office of the Solicitor General, to file their respective
memoranda in support of their claims within fifteen days from the
date the trial is terminated. It may require the Office of the Solicitor
General to file its own memorandum if the case is of significant
interest to the State. No other pleadings or papers may be submitted
without leave of court. After the lapse of the period herein provided,
the case will be considered submitted for decision, with or without
the memoranda.
Sec.
19. Decision.
(1) If the court renders a decision
granting the petition, it shall declare therein that the decree
of absolute nullity or decree of annulment shall be issued by
the court only after compliance with Article
50 and 51 of the Family Code as implemented under the Rule
on Liquidation, Partition and Distribution of Properties.
(2) The parties, including the
Solicitor General and the public prosecutor, shall be served with
copies of the decision personally or by registered mail. If the
respondent summoned by publication failed to appear in the action,
the dispositive part of the decision
shall be published once in a newspaper of general circulation.
(3) The decision becomes final
upon the expiration of fifteen days from notice to the parties.
Entry of judgment shall be made if no motion for reconsideration
or new trial, or appeal Is filed by any
of the parties, the public prosecutor, or the Solicitor General.
(4) Upon the finality of the
decision, the court shall forthwith issue the corresponding decree
if the parties have no properties.
If the parties have properties,
the court shall observe the procedure prescribed in Section 21 of
this Rule.
The entry of judgment shall be
registered in the Civil Registry where the marriage was recorded
and in the Civil Registry where the Family Court granting the petition
for declaration of absolute nullity or annulment of marriage is
located.
Sec.
20. Appeal. -
(1) Pre-condition. - No appeal
from the decision shall be allowed unless the appellant has filed
a motion for reconsideration or new trial within fifteen days
from notice of judgment.
(2) Notice of appeal. - An aggrieved
party or the Solicitor General may appeal from the decision by
filing a Notice of Appeal within fifteen days from notice of denial
of the motion for reconsideration or new trial. The appellant
shall serve a copy of the notice of appeal on the adverse parties.
Sec.
21. Liquidation, partition
and distribution, custody, support of common children and delivery
of their presumptive legitimes. - Upon
entry of the judgment granting the petition, or, in case of appeal,
upon receipt of the entry of judgment of the appellate court granting
the petition, the Family Court, on motion of either party, shall
proceed with the liquidation, partition and distribution of the
properties of the spouses, including custody, support of common
children and delivery of their presumptive legitimes
pursuant to Articles
50 and 51 of the Family Code unless such matters had been adjudicated
in previous judicial proceedings.
Sec.
22. Issuance of Decree
of Declaration of Absolute Nullity or Annulment of Marriage.-
(a) The court shall issue the
Decree after:
(1) Registration of the entry
of judgment granting the petition for declaration of nullity
or annulment of marriage in the Civil Registry where the marriage
was celebrated and in the Civil Registry of the place where
the Family Court is located;
(2) Registration of the approved
partition and distribution of the properties of the spouses,
in the proper Register of Deeds where the real properties are
located; and
(3) The delivery of the children's
presumptive legitimes in cash, property,
or sound securities.
(b) The court shall quote in
the Decree the dispositive portion of
the judgment entered and attach to the Decree the approved deed
of partition.
Except in the case of children
under Articles
36 and 53
of the Family Code, the court shall order the Local Civil Registrar
to issue an amended birth certificate indicating the new civil status
of the children affected.
Sec.
23. Registration and
publication of the decree; decree as best evidence.
(a) The prevailing party shall
cause the registration of the Decree in the Civil Registry where
the marriage was registered, the Civil Registry of the place where
the Family Court is situated, and in the National Census and Statistics
Office. He shall report to the court compliance with this requirement
within thirty days from receipt of the copy of the Decree.
(b) In case service of summons
was made by publication, the parties shall cause the publication
of the Decree once in a newspaper of general circulation.
(c) The registered Decree shall
be the best evidence to prove the declaration of absolute nullity
or annulment of marriage and shall serve as notice to third persons
concerning the properties of petitioner and respondent as well
as the properties or presumptive legitimes
delivered to their common children.
Sec.
24. Effect of death of
a party; duty of the Family Court or Appellate Court.
(a) In case a party dies at any
stage of the proceedings before the entry of judgment, the court
shall order the case closed and terminated, without prejudice
to the settlement of the estate in proper proceedings in the regular
courts.
(b) If the party dies after the
entry of judgment of nullity or annulment, the judgment shall
be binding upon the parties and their successors in interest in
the settlement of the estate in the regular courts.
Sec. 25. Effectivity. - This Rule shall take effect on March
15, 2003 following its publication in a newspaper of general
circulation not later than March 7, 2003.
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