Procedure in Filing an Annulment of Marriage in the Philippines

Preparation and Filing of the

Petition

Service of
Summons

Answer

Investigation Report of
Public Prosecutor

Pre-trial
Conference
Trial

Decision

Appeal

The petition may file at the option of the

petitioner spouse in the Family Court of the
province or city where the petitioner or the
respondent spouse resides at least 6 months
prior to the date of filing, or in the case of a
non-resident respondent, where he/she may
be found in the Philippines.
This is giving notice to the respondent. It is
the manner of how the court can acquire
jurisdiction over the person. This is crucial
because the court cannot validly proceed
without service of summons.
The respondent must answer within 15 days
from service of summons or within 30 days
case of service of summons by publication.

The public prosecutor prepares a report on

whether there is collusion between the
parties. If collusion exists, the court will
dismiss the case.
The court and the parties deal with certain
matters, such as stipulation of facts, for the
purpose of expediting the proceedings. The
petition may be dismissed if the petitioner
fails to appear during pre-trial.
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.
After the trial proper, the court renders its
decision, a decision, whether granting or
dismissing the petition, becomes final upon
the expiration of 15 days from notice to the
parties.
The aggrieved party or the Solicitor General
may appeal from the decision within 15 days
from notice of denial of the motion for
reconsideration or new trial.

Liquidation, Partition and

Distribution, Custody, Support of
Common Children and Delivery of
Their Presumptive Legitimes

Issuance of Decree of
Annulment

Registration of the
Decree

These are done upon entry of the

judgment granting the petition
The court issues the Decree after: (i)
registration of the entry of judgment
granting the annulment in the Civil
Registry where the marriage was
celebrated and in the Civil Registry of
the place where the court is located;
(ii) 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 (iii)
delivery of the childrens presumptive
legitimes in cash, property, or sound
The Decree must be registered in the
Civil Registry where the marriage was
registered, the Civil Registry of the
place where the court is situated, and
in the National Census and Statistics
Office.