Dear Attorney,

I am seeking legal assistance regarding the annulment of my marriage. Unfortunately, I cannot afford private legal services. I’ve heard that Public Attorney's Office (PAO) offers free legal help, but I’m unsure how to access it or if I am eligible. Can you guide me on how to request PAO assistance for an annulment case and what requirements I need to fulfill?

Sincerely,
Concerned Citizen

Insights

Accessing Public Attorney's Office (PAO) Assistance for Annulment in the Philippines

In the Philippines, annulment is a legal process that declares a marriage null and void as if it never existed. This legal remedy is governed by the Family Code of the Philippines, but due to its often expensive and lengthy nature, individuals from low-income households may seek assistance from the Public Attorney’s Office (PAO).

The PAO is mandated by law to provide free legal assistance to qualified indigent clients. However, not everyone is eligible for its services, and there are specific guidelines and procedures that must be followed.

Eligibility for PAO Assistance in Annulment Cases

To qualify for legal assistance from the PAO, the applicant must meet the financial eligibility requirements set forth by the agency. The PAO provides free legal services only to indigent clients who meet the following criteria:

Income Threshold: The gross monthly income of the applicant must not exceed a certain threshold, which is periodically adjusted by the PAO. This threshold is determined based on family size and living standards in a specific region. As of the latest guidelines, if your monthly income does not exceed the threshold, you may qualify for free legal aid.
Property Ownership: Aside from income, PAO may also consider whether the applicant owns significant property or assets. If the applicant owns real estate, vehicles, or other significant assets, this may disqualify them from receiving free legal assistance from the PAO, regardless of income level.
Special Cases: The PAO also extends assistance in exceptional cases, such as when the client is a victim of abuse, especially in cases involving women and children under the Anti-Violence Against Women and Their Children Act (VAWC).

Procedure for Applying for PAO Assistance

Here are the steps to follow when seeking annulment assistance from the PAO:

Initial Consultation: Visit the nearest PAO office in your municipality or city to inquire about the annulment process and to assess whether you meet the financial eligibility requirements. Bring proof of income and any documentation about your marital situation.
Submission of Documents: To prove your eligibility for PAO services, you will need to submit supporting documents, including:
- A certificate of indigency issued by your barangay or local government unit.
- Proof of income, such as a payslip or income tax return.
- Personal identification documents.
- Any documents related to your marriage (e.g., marriage certificate, birth certificates of children, etc.).
Assessment of Case Merit: The PAO will review your application and assess whether your case has merit. The PAO only provides assistance in cases that have legal grounds for annulment under the Family Code. The most common legal grounds for annulment include psychological incapacity, fraud, lack of parental consent for those below the marrying age, and similar circumstances.
Assignment of Lawyer: If you are deemed eligible, the PAO will assign a public attorney to handle your case. This lawyer will represent you in court, file the necessary legal petitions, and guide you through the legal process.
Filing the Petition: The PAO lawyer will prepare and file the petition for annulment in the appropriate court. This petition will outline the legal grounds for annulment, the relevant facts, and any other issues such as child custody, support, and property distribution.

Grounds for Annulment in the Philippines

The Family Code outlines the specific grounds upon which a marriage can be annulled:

Lack of Parental Consent: If either party to the marriage was between the ages of 18 and 21 at the time of marriage and the marriage took place without the consent of the parents or guardians.
Psychological Incapacity: One of the most common grounds used in annulment cases is psychological incapacity, which refers to the inability of one or both spouses to comply with the essential marital obligations due to a psychological condition.
Fraud: If one of the spouses was induced to marry through deceit or fraud, this can be a ground for annulment. Examples of fraud include concealment of pregnancy, criminal records, or sexually transmitted diseases.
Impotence: The permanent inability of one spouse to consummate the marriage can be a ground for annulment.
Sexually Transmitted Diseases (STD): If one spouse was afflicted with a sexually transmissible disease at the time of marriage, and the other spouse was unaware of this, it can be used as a basis for annulment.

Costs and Duration of the Annulment Process

While PAO provides free legal services, clients must still shoulder court filing fees and other miscellaneous expenses associated with the annulment process. These costs can vary depending on the specific court where the petition is filed and other procedural considerations.

Annulment cases in the Philippines can take several years to resolve, depending on the complexity of the case, the availability of court schedules, and other legal delays. On average, an uncontested annulment case can take between two to four years.

Impact of Annulment on Children and Property

The annulment of a marriage can also raise questions regarding the legitimacy of children and the division of marital property. According to the Family Code:

Legitimacy of Children: Children born within the annulled marriage remain legitimate. Their status as legitimate children is unaffected by the annulment.
Property Distribution: The court will determine the division of conjugal property, if any, during the annulment process. If no prior agreement exists, the court will divide the properties according to the applicable laws, usually based on equal division unless otherwise stated.

Conclusion

For individuals seeking to annul their marriage but lacking financial resources, the Public Attorney's Office offers an essential pathway to legal representation. By meeting the eligibility criteria and following the correct procedures, those in need can access legal aid for annulment, ensuring that their rights are protected while navigating the complexities of the Family Code.

While the process can be lengthy and sometimes costly (even with PAO assistance), it remains the only recourse for individuals whose marriages meet the legal grounds for annulment under Philippine law.