Dear Attorney,

Good day! I am an American currently residing in South Korea, and my wife and two sons live in the Philippines. I have come to understand that divorce is not legal in the Philippines, and annulment is the only available option to dissolve a marriage.

Could you kindly guide me on what steps I need to take to initiate the annulment process, particularly considering my unique circumstances as a foreigner? I hope for clarity on the legal requirements, procedures, and associated costs.

Thank you for your assistance.

Sincerely,
A Concerned Client

Understanding Annulment in the Philippines: Legal Grounds, Procedures, and Costs

1. Legal Framework: Marriage and Annulment in the Philippines

In the Philippines, marriage is considered a permanent and inviolable social institution protected by the Constitution and governed primarily by the Family Code of the Philippines (Executive Order No. 209). Since divorce is not recognized (except for Muslim Filipinos under the Code of Muslim Personal Laws), annulment is the only remedy for dissolving a marriage under specific conditions.

Annulment differs from divorce in that it declares the marriage void from the beginning, as if it never existed.

2. Grounds for Annulment

Under Article 45 of the Family Code, a marriage may be annulled for the following causes, provided these existed at the time of the marriage:

Lack of Parental Consent – If one or both parties were between the ages of 18 and 21 and married without the consent of their parents or guardians.
Psychological Incapacity – A deeply entrenched inability of one or both parties to perform the essential marital obligations (Article 36). This is the most commonly invoked ground.
Fraud – If one party was deceived into the marriage through misrepresentation or concealment of critical facts, such as a criminal record or pregnancy by another man.
Force, Intimidation, or Undue Influence – If consent was obtained through coercion or threats.
Physical Incapacity – If one party is physically incapable of consummating the marriage, and this condition is deemed incurable.
Sexually Transmissible Diseases – If one party was afflicted with a serious and incurable sexually transmissible disease.

For marriages considered void from the outset, separate grounds are specified under Article 35 of the Family Code, such as lack of legal capacity, bigamy, and incestuous marriages.

3. Key Steps in the Annulment Process

Initiating an annulment in the Philippines requires meticulous adherence to legal procedures. Here’s an outline of the process:

Consult a Lawyer
A lawyer is essential to guide you through the legal complexities, draft pleadings, and represent you in court proceedings.
Filing of the Petition
The petition is filed in the Regional Trial Court (RTC) of the province where your spouse resides. As the petitioner, you must provide evidence to substantiate the ground(s) for annulment.
Payment of Filing Fees
The filing fee varies depending on the court and the complexity of the case. It usually ranges from ₱10,000 to ₱15,000, excluding other incidental expenses.
Pre-Trial Conference
This stage involves a meeting between the parties, lawyers, and the court to discuss possible settlements, stipulations, and simplification of issues. If both parties agree on some matters (e.g., custody of children), this can reduce the duration of the case.
Trial Proper
During the trial, the petitioner presents evidence, including witness testimonies, psychological evaluations, and documents supporting the claim. The respondent may also present counter-evidence.
Submission of Memoranda
Once the trial concludes, the parties submit written memoranda summarizing their arguments. The judge then decides on the case based on the evidence presented.
Decision
The court will either grant or deny the petition. If granted, the decision must be registered with the Civil Registry and the Philippine Statistics Authority (PSA).

4. Documents Required

The following documents are typically needed:

Original or certified true copy of the marriage certificate from the PSA.
Birth certificates of children (if applicable).
Proof of residency of the spouse in the Philippines.
Proof of grounds for annulment (e.g., psychological evaluation report, sworn affidavits).

5. Psychological Incapacity: The Most Common Ground

Psychological incapacity under Article 36 is the most widely used ground for annulment due to its broad interpretation. It involves a mental or emotional condition that prevents one or both parties from fulfilling marital obligations.

Key requirements for proving psychological incapacity include:

Expert Testimony: A psychologist or psychiatrist must evaluate the incapacitated party and present findings in court.
Evidence of Pre-Existing Condition: The incapacity must have existed at the time of the marriage.
Jurisprudence: Decisions like Santos v. Court of Appeals (G.R. No. 112019) and Republic v. Court of Appeals and Molina (G.R. No. 108763) provide guidelines on interpreting psychological incapacity.

6. Estimated Costs

The cost of an annulment varies but typically includes the following:

Lawyer’s Fees: ₱100,000 to ₱500,000 depending on the complexity.
Filing Fees: ₱10,000 to ₱15,000.
Psychological Evaluation: ₱20,000 to ₱50,000.
Miscellaneous Fees: ₱10,000 to ₱20,000 for documentation, certifications, and other expenses.

7. Duration of the Process

An annulment case can take anywhere from 1 to 5 years to conclude, depending on the court’s caseload and the cooperation of both parties.

8. Implications of Annulment

Custody of Children: The court will determine custody based on the best interests of the children, typically granting custody to the mother for children under 7 years old.
Property Relations: The annulment may include liquidation of marital assets under the regime of absolute community or conjugal partnership.
Effect on Citizenship: If you or your spouse acquired citizenship through marriage, annulment may affect residency or citizenship status in some jurisdictions.

9. Unique Considerations for Foreign Nationals

As a foreign national, additional considerations may apply:

Proof of Residency: If your spouse resides in the Philippines, the petition must be filed there.
Recognition of Foreign Judgments: If your marriage was solemnized abroad, a foreign divorce decree must be judicially recognized in the Philippines before pursuing annulment.

In conclusion, pursuing an annulment in the Philippines is a complex and time-consuming process requiring a comprehensive understanding of the law, proper documentation, and expert legal representation. It is advisable to consult with an experienced family law attorney to guide you through each step and ensure the best possible outcome.

For further assistance, feel free to consult with a qualified legal expert in the Philippines.