Nullifying Fraudulent Marriages Philippines
Marriage in the Philippines is not just a social contract but also a legal institution governed by a set of laws, primarily the Family Code of the Philippines. In some cases, individuals find themselves entangled in a marriage they did not consent to or were deceived into entering. Such situations often raise the question of whether the marriage was legal to begin with and, if so, what can be done to nullify it.
One of the essential requisites for a valid marriage is "freely given consent" of both parties. Under Article 45 of the Family Code, a marriage may be annulled if either party was forced to marry under duress or was deceived into giving consent. In such cases, the deceived or coerced party has the right to file for the annulment of the marriage. However, the burden of proving that there was fraud or duress lies with the petitioner.
The annulment process starts with the filing of a petition in the Regional Trial Court of the province or city where the petitioner or the respondent has been residing for at least six months. The petition must be accompanied by a certification against forum shopping, as well as relevant evidence to prove that the marriage was entered into fraudulently or under duress.
Once a petition for annulment has been filed, the court initiates the pre-trial process. This includes serving summons to the respondent and the state prosecutor, who will determine if collusion exists between the parties. Both parties are required to undergo psychological evaluations, and depending on the circumstances, may also be required to attend marriage counseling. After the pre-trial, the case goes to trial where both parties present their evidence. If the petitioner succeeds in proving the existence of fraud or duress, the court may declare the marriage null and void.
It is also worth noting that under Article 48 of the Family Code, the Civil Registrar and the Solicitor General are required to investigate if a petition for annulment or declaration of nullity is grounded on a fabricated story or if the parties have colluded in making such a petition. This is to ensure the integrity of the institution of marriage.
While filing for annulment can be a complex and emotionally draining process, it is often the necessary step to free oneself from a marriage entered into under false pretenses or duress. Given the intricacies of annulment procedures and the potential complications that may arise, consulting a lawyer for personalized legal advice is highly recommended. The legal process may be lengthy and costly, but for many, the freedom and peace of mind it brings are invaluable.