Dear Attorney,

I am writing to seek your guidance regarding my ongoing annulment case. My husband has already been served the court documents, but he has not appeared at any scheduled hearing or submitted any formal response. I worry about how this lack of participation might affect my petition. Will I still be able to obtain an annulment even if he is persistently absent from the proceedings?

I appreciate any advice you can offer regarding my next steps, as this situation has caused me significant concern. Thank you for your time, and I look forward to your expert counsel.

Sincerely,
A Concerned Spouse

INTRODUCTION

In the Philippines, the legal process of declaring a marriage null and void or annulling a voidable marriage entails strict procedural and substantive requirements as set forth in the Family Code of the Philippines (Executive Order No. 209, as amended) and related jurisprudence. A spouse initiating a petition for nullity of marriage or annulment must meet specific grounds and comply with procedural rules, including service of summons on the other spouse (the respondent). However, it is not unusual for respondents to refrain from participating in court proceedings once they are served with notice. This article provides a comprehensive discussion of Philippine annulment and nullity-of-marriage laws, focusing on the implications of a spouse’s failure to appear at hearings or otherwise participate in the judicial process.

The question at hand is whether a petitioner can still successfully obtain an annulment (or declaration of nullity of marriage) despite the other spouse’s non-appearance in court. Although each case is unique, the general rule is that a party’s failure to appear does not, in itself, preclude the petitioner from securing a favorable judgment—provided that the petitioner ably proves the grounds for annulment or nullity and adheres to all legal requirements mandated by Philippine law.

This discussion will delve into the difference between void and voidable marriages, the grounds for annulment under Philippine law, the role of the courts and the public prosecutor/Office of the Solicitor General in preventing collusion, the procedural steps involved in filing and prosecuting an annulment case, and how the court typically proceeds when the respondent chooses not to appear or participate. We will also examine possible strategies a petitioner may undertake in such circumstances.

I. DISTINGUISHING VOID VS. VOIDABLE MARRIAGES

Under Philippine family laws, there is an important distinction between “void” and “voidable” marriages:

Void marriages
These are marriages that are considered invalid from the beginning (i.e., void ab initio). Examples include marriages contracted by any party below eighteen (18) years of age even with parental consent; bigamous or polygamous marriages; marriages lacking a valid marriage license (with some exceptions, such as ratification under Article 34 of the Family Code for marriages of “cohabiting” parties), and marriages where one or both parties are psychologically incapacitated under Article 36 of the Family Code.
Voidable marriages
These are marriages deemed valid unless they are subsequently annulled by a competent court. Common grounds for voidable marriages under Articles 45 and 46 of the Family Code include lack of parental consent for a party between eighteen (18) and twenty-one (21) years of age, fraud, force, intimidation, undue influence, physical incapacity to consummate the marriage, and sexually transmissible diseases found to be serious and incurable.

For a petition based on psychological incapacity, it is officially a “petition for declaration of nullity of marriage,” as psychological incapacity renders the marriage void, rather than voidable. Yet, people loosely refer to both “petition for declaration of nullity of marriage” and “petition for annulment” as “annulment cases” in casual discourse.

II. GROUNDS FOR ANNULMENT AND DECLARATION OF NULLITY

The Family Code enumerates the grounds for each type of marital suit:

Declaration of Nullity of Marriage
1. Absence of essential or formal requisites of marriage (no license, no ceremony, etc.).
2. Bigamous or polygamous marriages.
3. Incestuous marriages.
4. Psychological incapacity as interpreted in landmark cases (e.g., Santos v. Bedia-Santos, Republic v. Molina, and subsequent jurisprudence).
Annulment of Voidable Marriage
1. Lack of parental consent (for parties aged 18-21 at the time of marriage).
2. Insanity or unsound mind of one party at the time of marriage.
3. Consent obtained by fraud (Article 46 enumerates specific forms of fraud).
4. Force, intimidation, or undue influence.
5. Physical incapacity to consummate the marriage, which is incurable.
6. Sexually transmissible disease found to be serious and incurable.

III. PROCEDURAL REQUIREMENTS AND THE PUBLIC PROSECUTOR’S ROLE

When filing either a petition for declaration of nullity or annulment of marriage, the petitioner must submit a verified petition before the Regional Trial Court (Family Court) of the province or city where he or she has resided for at least six months or where the petitioner or respondent resides. The verified petition must set out the legal grounds supporting the action, along with other mandatory allegations (e.g., the absence of collusion between the parties, complete details of their children if any, and the properties involved).

Summons and Service of Pleadings
Upon filing, the court issues summons to the respondent, formally notifying them of the lawsuit. If the respondent fails to answer, the case may proceed in default. Failure to answer or appear does not automatically guarantee that the petition will be granted, but it does allow the petitioner to present evidence uncontroverted, subject to the court’s determination and the mandatory appearance of a public prosecutor or the Office of the Solicitor General (OSG) representative to ensure that there is no collusion between the parties and that evidence is not merely fabricated.

Mandatory Investigation of Collusion
Philippine law mandates that the public prosecutor investigate the possibility of collusion or condonation. This procedure exists to ensure that the parties are not merely staging an annulment or declaration of nullity. Even if the respondent does not actively participate, the prosecutor (or the OSG) will examine the petitioner’s evidence and question the petitioner to verify if collusion or fraud is present. Should the prosecutor find actual collusion, the case will be dismissed outright.

IV. EFFECT OF NON-APPEARANCE BY THE RESPONDENT

A crucial question for many petitioners is how a respondent’s absence from all proceedings might affect the case. In general, the court may proceed with a trial on the merits even if the respondent fails to attend pre-trial, mediation sessions, or the evidentiary hearings, as long as:

The court confirms that summons was validly served on the respondent or was served through substituted or other modes of service authorized by the Rules of Court.
The petitioner presents sufficient evidence to establish grounds for annulment or nullity of marriage.
There is a showing that collusion does not exist between the parties.

If the court is satisfied that service of summons was proper and the respondent simply elects not to participate, the court can declare the respondent in default. Accordingly, the petitioner will be allowed to present evidence ex parte (i.e., in the absence of the respondent). At that point, the judge will weigh the evidence and decide the case based on its merits, following the mandatory requirement of ensuring that all testimonies and documentary evidence sufficiently prove the alleged ground(s) for nullity or annulment.

Despite the respondent’s non-appearance, the petitioner must still:

Prove the existence of a valid ground for declaration of nullity or annulment (e.g., psychological incapacity, fraud, force, etc.).
Pass the scrutiny of the public prosecutor or OSG regarding lack of collusion.
Comply with all procedural prerequisites, such as documentary requirements and personal testimonies.

Should the court find that the petitioner’s evidence is convincing and uncontroverted, the judge may grant the petition. Conversely, if the judge deems the evidence insufficient or determines that the petitioner has not met the burden of proof, the non-participation of the respondent will not salvage the petitioner’s claim. The judge may dismiss the petition despite the respondent’s default if the legal requirements remain unmet.

V. STRATEGIES AND CONSIDERATIONS FOR PETITIONERS

1. Ensure Proper Service of Summons
Before the court will allow an ex parte presentation of evidence, there must be a clear showing that the respondent was properly served with court processes. If the respondent cannot be found, the petitioner might consider applying for substituted service or, in some cases, service by publication if the respondent’s whereabouts are unknown.

2. Gather Ample Evidence
Regardless of the respondent’s participation, a petitioner must ensure a robust, well-documented case. If the ground is psychological incapacity, there must be a thorough psychological evaluation supported by expert testimony, consistent with prevailing jurisprudence. If the ground is fraud, the petitioner must produce clear evidence of the misrepresentation or deceit that vitiated consent.

3. Prepare for the Collusion Investigation
The public prosecutor or OSG representative will probe whether the petitioner and respondent conspired to secure an annulment. Presenting truthful, coherent testimony and credible documentary proof can dispel suspicions of collusion.

4. Comply with Mandatory Cooling-Off and Pre-trial Steps
Courts may set preliminary conferences and require parties to attend mediation sessions or judicial dispute resolution. While the non-participation of the respondent frustrates the purpose of these steps, the petitioner must still attend, respond to queries, and adhere to procedural rules to avoid technical dismissals or delays.

5. Seek the Advice of Competent Legal Counsel
The complexities of annulment cases in the Philippines make competent legal assistance crucial. A lawyer can ensure that the petition, evidence, and presentation in court follow the intricacies of Philippine family law and the rules of procedure.

VI. TIMELINE AND COURT PROCEEDINGS

An annulment or nullity-of-marriage suit is not a simple process, and it can extend for a considerable period, depending on factors such as:

The workload of the court.
The availability and schedules of the public prosecutor, court staff, psychologists (for psychological incapacity cases), and other expert witnesses.
Possible interlocutory motions, postponements, and other procedural delays.

If the respondent consistently fails to appear, some steps may be shorter (for example, fewer motions to resolve). However, the court remains mandated to thoroughly evaluate the petitioner’s evidence. The unavailability or disinterest of the respondent does not automatically expedite the case, as the law imposes the requirement that no judgment can issue unless the court is persuaded that legal grounds are indeed present.

VII. CONSEQUENCES OF A GRANTED PETITION

When a marriage is declared void ab initio or annulled, the decision’s effects involve the following matters:

Property Relations
Depending on the property regime (conjugal partnership or absolute community), the assets may be liquidated. The Family Code provides rules on how to partition and distribute assets acquired during the marriage.
Use of Surnames
For female spouses, reverting to one’s maiden name is allowed.
Filial Legitimacy
Children conceived or born before the judgment of annulment or nullity remain legitimate, except in cases where the law provides otherwise.
Remarriage
A judicial declaration of nullity or an annulment allows the parties to remarry, but only after the decision attains finality and the decree is registered with the local civil registrar and the Philippine Statistics Authority (PSA).

VIII. FREQUENTLY ASKED QUESTIONS

Will my annulment be automatically granted if the respondent ignores the case?
No, the court must still examine the evidence, and the public prosecutor or OSG must ensure no collusion. Default by the respondent does not relieve the petitioner of the burden to prove a valid ground.
What happens if the respondent is abroad and does not receive the summons?
If the respondent’s address abroad is known, summons may be served extraterritorially. If location is unknown, the court may allow service by publication under Rule 14 of the Rules of Court.
Is there a possibility that the respondent can later contest a granted annulment if he never appeared?
Generally, once a judgment becomes final and executory, it cannot be reversed except through exceptional remedies like a petition for relief or annulment of judgment under the Rules of Court. However, such remedies have stringent requirements, and an uninterested or absent respondent may have difficulty seeking relief.
Do I need a lawyer even though the respondent is absent?
Yes. Annulment or nullity proceedings are complex, requiring thorough legal knowledge and procedural compliance. A competent lawyer can properly present evidence, handle cross-examinations (if any), and coordinate with the public prosecutor or OSG.
Could the court consider my petition to be collusive if my spouse never appears?
Non-appearance alone does not establish collusion, but the public prosecutor or OSG will investigate. If the absence is proven to be deliberate, orchestrated, or arranged to expedite a fraudulent annulment, the court may dismiss the case.

IX. RECENT JURISPRUDENCE AND DEVELOPMENTS

Philippine courts, particularly the Supreme Court, have refined the interpretation of psychological incapacity over the years. While the non-appearance of the respondent may spare the petitioner from contradictory testimony, the Supreme Court consistently reminds lower courts that psychological incapacity must be proved to be incurable, existing at the time of marriage, and not merely a sign of difficulty in coping. Similarly, in annulment suits grounded on fraud, the Supreme Court stresses the importance of proving that the alleged deceit directly influenced the petitioner’s decision to marry.

It is likewise noteworthy that the Supreme Court promulgated rules ensuring that family courts expedite the resolution of family law cases. Despite these judicial reforms, the complexity of annulment and nullity cases remains, especially with the mandatory investigation against collusion, the need for strong evidence, and the array of procedural safeguards in place to protect the sanctity of marriage as an inviolable social institution under the 1987 Constitution of the Philippines.

X. CONCLUSION

Annulment and declaration of nullity of marriage proceedings in the Philippines remain subject to exacting legal requirements, intended to protect the institution of marriage from trivial dissolution and fraudulent claims. When the respondent spouse refuses to appear at scheduled hearings or entirely ignores the summons and notifications from the court, the petitioner can still move forward with the case. The court may declare the respondent in default and permit ex parte presentation of evidence. However, this streamlined procedure does not guarantee an automatic grant of the petition.

The petitioner remains responsible for presenting sufficient evidence to meet legal grounds under the Family Code, proving the absence of collusion, and demonstrating that no fundamental procedural rules have been violated. The involvement of the public prosecutor or OSG is a pivotal safeguard to maintain the integrity of the judicial process.

In practice, if the court, after evaluating all pieces of evidence, is convinced that a valid ground exists for the nullity or annulment of the marriage, the petitioner’s request for a judgment of nullity or annulment will be granted, regardless of the respondent’s absence. That said, the best course of action for any petitioner is to secure expert legal counsel, meticulously prepare evidence, and comply fully with all court directives and procedural obligations.

Thus, to the question: “Will I still be able to get an annulment if my husband, who has been served the papers, is not appearing in court?” The concise answer is “Yes, potentially—but not automatically.” Philippine courts do not treat annulment or nullity suits lightly. They will only hand down a favorable decision if all legal standards are met and no collusion is discovered, even when the respondent declines to participate. Petitioners should maintain patience, diligence, and cooperation with their attorneys and the court throughout the process.

Disclaimer: This article is for informational purposes only and is not a substitute for legal advice. If you are facing a similar issue, it is important to consult directly with a qualified attorney to address your specific circumstances.