Marriage and Everything
Marriage and Everything
Marriage and Everything
Article 36 of the Family Code states that A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its solemnization. This means
that the husband or the wife is psychologically incapable of complying with the essential marital obligations, which will
render the marriage void from the beginning. It is important that this incapacity was already present during the celebration
of marriage.
Q. I have been hearing about the term psychological incapacity. Please explain to me what is psychological
incapacity as a ground to declare the marriage void?
GTALAW: " Simply put, psychological incapacity" is a serious psychological disorder, but not necessarily insanity, that
causes a spouse or both spouses to be truly incapable of complying with the essential marital obligations. This
psychological condition must already exist at the time the marriage is celebrated.
Q. What are these essential marital obligations?
GTALAW: These are the obligations of the husband and wife (1) to live together, observe mutual love, respect and fidelity,
and render mutual help and support; (2) to procreate children based on the universal principle that procreation of children
through sexual cooperation is the basic end of marriage; (3) to jointly support the family (Art. 70), for the spouses are
joint administrators in the partnership; and (4) Not to commit acts which will bring danger, dishonor or injury to each other
or to the family (Art. 72), for the safety and security of the family at all times is a primordial duty of the spouses
Q. Can you tell me in simple terms what are the manifestations of psychological incapacity?
GTALAW: The following are some of the manifestations of psychological incapacity or narcissistic, anti-social personality
disorder, to name a few:
1. By the refusal of one spouse to live, dwell and cohabit with the other after marriage, without any fault at all from the
aggrieved spouse.
2. By the deliberate refusal to give support to the other spouse, or their common children
3. When marriage is unbearable due to the compulsive gambling, alcoholism, drug addiction or violent tantrums and
jealousy leading to physical abuse towards the other and of the children of the respondent spouse
Q. My wife has a serious sexual libido or promiscuity problem. To my knowledge, she had slept with three men
other than me during our marriage. I have almost killed a guy because of her sexual escapades. But despite
this, I still accepted her due to my love and desire to keep the marriage intact. But it came to a point that I
cannot take her philandering anymore. Please help me file a Petition to annul our marriage preferably due to
her own psychological incapacity.
GTALAW: We truly understand and sympathize with your feelings regarding your situation. However, sexual promiscuity or
sexual infidelity
of the spouse is not an example of psychological incapacity contemplated by law. The Supreme Court has recently decided
a case about this issue (Please see decision Dedel vs. CA January 29, 2005). We suggest that you submit yourself for
psychological examination. Based on the
information that you will supply to the Psychologist, there may be some other grounds that can be used to declare your
marriage void.
Annulment is the term given by non-lawyers to all cases of annulment proceedings. But legally speaking, annulment
cases are only those petitions with grounds falling under Article 45 of the Family Code. The other process is a Petition to
declare absolute nullity of marriage or simply a petition for nullity of marriage which can be found under Article 35
(Absence of Formal and Essential Requisites of Marriage), Article 36 (Psychological Incapacity) Article 37 (Incestuous
Marriages) and Article 38 (Void by reason of Public Policy) of the Family Code.
3. The consent of either party was obtained by fraud. You can file the Petition within five years after the discovery of the
fraud, provided that
you did not freely cohabit with your husband or wife after your full knowledge of the facts constituting the fraud. Sounds
tricky?
4. The consent of either party was obtained by force, intimidation or undue influence or otherwise known as shotgun
marriage. You can file the Petition within five years from the time the force, intimidation, or undue influence disappeared
or ceased. However, you are already barred from filing the Petition if you have freely cohabited with your husband or wife
knowing that the force or intimidation had already ceased.
5. Either party was a sexual impotent or physically incapable of engaging in sexual intercourse and such incapacity
continues and appears to be incurable. You can file the Petition within five (5) years after marriage.
6. Either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. You can
also file the Petition within five (5) years after marriage.
Q. What are the kinds of fraud which constitute the ground for annulment?
GTALAW: The kinds of fraud that will give ground for annulment are as follows:
1. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
2. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her
husband;
3. Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
Q. My wife fooled me into marrying her. Prior to our marriage, she told me that she is a doctor and no sexual
experience After our marriage, I found out the truth that she is not what she claims to be. Can I file a Petition
for annulment on the ground of fraud?
GTALAW: We truly understand your feelings but misrepresentation or deceit as to character, health, rank, fortune or
chastity do not constitute fraud as ground for annulment. Perhaps, you can explore the possibility to declare your marriage
void on other grounds such as the psychological incapacity under Article 36 of the Family Code.
Q. Where can I file the Petition for Annulment?
GTALAW: You can only file the Petition for Annulment in the place of your residence or the place of residence of your
husband or wife.
Q. I would like to file the Petition in Cebu but I do not have residence there yet. My husband is not also living
there. But I will be accepting
a job as call center manager in Cebu a month from now. Can I file the Petition in Cebu?
GTALAW: Yes, you can file the Petition in Cebu but you have to establish residence in Cebu for a period of at least six (6)
months prior to the filing of the Petition. This can be arranged because you will be relocating there for your new job
assignment.
A petition to declare the marriage void presupposes that the marriage was void or invalid from the beginning. Legally, it
can be said that the marriage did not even exist. But there are so many questions about this issue like, do you need to file
the Petition if your marriage did not even exist from the beginning? The answers that you have been looking for can be
found below.
Q. What are the grounds to declare the marriage void?
7. Psychological Incapacity of the husband or wife, existing at the time of marriage, which prevents him or her from
complying with the essential marital obligations of marriage, even if such incapacity becomes manifest only after the
solemnization of the marriage.
8. Incestuous Marriages (between ascendants and descendants; between brothers and sisters whether full or half blood).
9. Marriages between relatives:
a. between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
adopter;
Q. I just found out that my husband was married before and I have obtained a marriage contract from the
NSO to prove this. It was also confirmed when I confronted my husband about this. Do I still have to file a
Petition? Can I also file a criminal case against my husband? Can his ex-wife file a criminal case against me?
What is my defense, if any?
GTALAW: Although your marriage was void from beginning, the law still requires you to obtain a declaration of absolute
nullity of your marriage by filing a petition in court. Yes, you can also file a criminal case for Bigamy against your husband.
Yes, his ex-wife may file a criminal case for bigamy against you and your husband. But your defense is lack or absence of
knowledge regarding his prior marriage or absence of criminal intent.
Q. What happens if I will get married without having my first marriage declared void?
GTALAW: Your second marriage will be invalid for being bigamous. The sad thing is, you will be facing another criminal
case for bigamy
in so far as your second marriage is concerned.
Q. Is there a time limit for me to file a Petition to declare the marriage void?
GTALAW: The action to declare the marriage void shall not prescribe. Meaning, you can file the petition anytime during
your lifetime.
Q. My lawyer told me that my second marriage was void from the beginning. I totally disagreed because the
Court has already issued a Decision declaring my first marriage void from the beginning. I also showed him
the Court Decision and an Entry of Judgment from the same Court. But my lawyer still insists that my second
marriage was void because I failed to obtain a final decree of annulment from the Court? Is my lawyer
correct?
GTALAW: Yes, your lawyer is correct. It appears to us that you have not completed the process before you can validly
contract a second marriage. You should have brought the Court Decision and Entry of Judgment for recording at the Local
Civil Registrar where your first
marriage was recorded. After the recording, you should have gone back to the Court to show proof that the Court
documents were already recorded in the Local Civil Registrar. The Court will then issue a Final Decree of Annulment. Since
you failed to follow this process, your second marriage is void.
Q. My girlfriend and I are planning to get married this June. But we have been living together as husband and
wife for almost six (6) years now. Both of us are still single. I have heard that we do not need to apply for a
marriage license. Is this correct?
GTALAW: Yes, you are correct. No license shall be necessary for the marriage of a man and a woman who have lived
together as husband and wife for at least five years and without any legal impediment to marry each other. But you and
your girlfriend are required to execute an affidavit stating the fact of your situation and submit it to the local civil registrar.
Q. I already had a falling out with my husband. Our marriage contract so states that we were issued a
marriage license. I know for a fact that we did not apply for a marriage license. I also verified the marriage
license number at the Local Civil Registrar of Manila if it was issued to us. But the local civil registrar of Manila
told me that there is no such thing. Can I file Petition to declare my marriage void on this ground alone?
GTALAW: Yes, lack or absence of a marriage license is ground to declare the marriage void. You can request the Local
Civil Registrar of Manila for the issuance of a Certification that you have not been issued a marriage license. You will need
this document in Court as your evidence.
Article 36 of the Family Code states that A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its solemnization. This means
that the husband or the wife is psychologically incapable of complying with the essential marital obligations, which will
render the marriage void from the beginning. It is important that this incapacity was already present during the celebration
of marriage.
Q. I have been hearing about the term psychological incapacity. Please explain to me what is psychological
incapacity as a ground to declare the marriage void?
GTALAW: " Simply put, psychological incapacity" is a serious psychological disorder, but not necessarily insanity, that
causes a spouse or both spouses to be truly incapable of complying with the essential marital obligations. This
psychological condition must already exist at the time the marriage is celebrated.
Q. What are these essential marital obligations?
GTALAW: These are the obligations of the husband and wife (1) to live together, observe mutual love, respect and fidelity,
and render mutual help and support; (2) to procreate children based on the universal principle that procreation of children
through sexual cooperation is the basic end of marriage; (3) to jointly support the family (Art. 70), for the spouses are
joint administrators in the partnership; and (4) Not to commit acts which will bring danger, dishonor or injury to each other
or to the family (Art. 72), for the safety and security of the family at all times is a primordial duty of the spouses
Q. Can you tell me in simple terms what are the manifestations of psychological incapacity?
GTALAW: The following are some of the manifestations of psychological incapacity or narcissistic, anti-social personality
disorder, to name a few:
1. By the refusal of one spouse to live, dwell and cohabit with the other after marriage, without any fault at all from the
aggrieved spouse.
2. By the deliberate refusal to give support to the other spouse, or their common children
3. When marriage is unbearable due to the compulsive gambling, alcoholism, drug addiction or violent tantrums and
jealousy leading to physical abuse towards the other and of the children of the respondent spouse
Q. My wife has a serious sexual libido or promiscuity problem. To my knowledge, she had slept with three men
other than me during our marriage. I have almost killed a guy because of her sexual escapades. But despite
this, I still accepted her due to my love and desire to keep the marriage intact. But it came to a point that I
cannot take her philandering anymore. Please help me file a Petition to annul our marriage preferably due to
her own psychological incapacity.
GTALAW: We truly understand and sympathize with your feelings regarding your situation. However, sexual promiscuity or
sexual infidelity
of the spouse is not an example of psychological incapacity contemplated by law. The Supreme Court has recently decided
a case about this issue (Please see decision Dedel vs. CA January 29, 2005). We suggest that you submit yourself for
psychological examination. Based on the
information that you will supply to the Psychologist, there may be some other grounds that can be used to declare your
marriage void.
March 15, 2003 is the date of effectivity of the New Rule on Declaration of Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages promulgated by the Supreme Court. Thereafter, we wrote an article simplifying this Rule
for easy understanding to laymen (Please step-by-step procedure here). We received numerous feedback from our web
audience that the article was very useful and informative to them. But education is a continuing process, so is our passion
and commitment to translate the law in laymans term.
Q. Do I need a psychological report before I could file a petition for annulment?
GTALAW: No. Generally, a psychological report is not required before you could file the petition to declare your marriage
void. It is also specified under the New Rule that an expert opinion is not required to be alleged in the Petition.
Q. But does your Firm require your clients to submit to a psychological evaluation before filing the Petition?
GTALAW: Yes. The psychological report is the very foundation of your petition. It is like going to battle fully prepared. In
this case, it would be easier for us to allege the manifestations of psychological incapacities because these facts are
already stated in the psychological Report.
Q. If I am the one filing the Petition, do I still need to take a psychological test?
GTALAW: Yes, you have to take the test because the psychological report is the very foundation of your Petition. In the
psychological test, our resident psychologist will determine the psychological incapacities of your husband or even your
own incapacities. We usually recommend
that you take the test prior to the filing of the Petition.
Q. I am planning to file an annulment case on the ground of the psychological incapacity of my husband. The
lawyer that I have contacted over there told me that I can already receive the decision after five (5) to eight
(8) months. But I dont remember him mentioning about psychological report. Do I have reason to be
suspicious?
GTALAW: Every lawyer has its own style in handling the case. We are not at liberty to comment about it. But for your
information, the Supreme Court has already set guidelines in proving a case for a petition for nullity of marriage on the
ground of psychological incapacity.
We would like our web audience to be informed about these guidelines
which are as follows:
1. The burden of proof to show nullity of the marriage belongs to the plaintiff and any doubt must be resolved in favor of
the existence of marriage and against its nullity.
2. The root cause of the psychological incapacity must be:
a. medically or clinically identified;
b. alleged in the complaint;
c. sufficiently proven by experts; and
d. clearly explained in the decision
3. Incapacity must be proven to be existing at the time of the celebration of the marriage, although the manifestation
need not be perceivable at such time.
4. Such incapacity must also be shown to be medically or clinically permanent or incurable, although the incurability may
be relative only in regard to the other spouse, not necessarily absolute against everyone of the same sex. Furthermore, the
incapacity must be relevant to the assumption of marriage obligations, not to those not related to marriage like the
exercise of profession or employment
in a job.
5. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of
marriage.
6. The essential marital obligations must be those embraced by Articles 68 to 71 of the Family Code as regards the
husband and wife as well as Articles 220, 221, and 225 of the same code in regards to parents and their children. Such
non-compliance must also be stated in the petition, proven by evidence, and included in the text of the decision.
7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not
controlling or decisive, should be given great respect by our courts.
8. The trial court must order the fiscal and the Solicitor General to appear as counsel for the state. No decision shall be
handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein
his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the
prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed
submitted for resolution of the court.
Obviously, an annulment case cannot be concluded in the five (5) to eight (8) months and without the psychological report
if Courts will follow the guidelines.
Q. I was informed that my annulment case would take longer if the Solicitor Generals Office will appeal the
RTC Court decision to the Court of Appeals. How true is this?
GTALAW: Yes, your annulment case would take longer than what is expected. The good news is, appeal by the Solicitor
General to the Court of Appeals is not anymore mandatory under the New Rule. But sometimes, the Solicitor General would
make an Appeal to the Court of Appeals if it feels that the proceedings in the RTC Court was patently erroneous. We would
like to take this opportunity to express our opinion that an annulment case is not a walk in the park. We already heard so
many nightmare stories about Petitions being denied by the Court of Appeals. We would like to tell litigants
to concentrate on strengthening their cases rather than entertaining any idea of approaching the prosecutors or judges to
expedite the process of their annulment.
Q. How long does it take to get my marriage annulled?
GTALAW: For uncontested petitions, the estimated processing time of the annulment petition is one year and six months
to two years depending on the availability of witnesses and the courts trial dates. The case would take longer if the
Petition is contested meaning the other spouse is interposing an opposition. Custody of children and property issues are
also known factors that cause delay. There are also factors outside of our control that cause delay like unexpected
postponements of trial due to sickness of thejudge or the prosecutor; retirement of the judge or postponements due to
inclement weather.
Q. Am I required to appear in every Court hearing?
GTALAW: No, you are not. As petitioner, you are only required to appear during the pre-trial conference and during your
scheduled testimony in Court.
Q. How many witnesses do we need to present in Court in order to prove my case?
GTALAW: We need to present you as our principal witness, the psychologist/psychiatrist as expert witness to prove the
psychological incapacity; one or two more witnesses who have personal knowledge of your marital relations and who can
affirm your story.
Q. My husband and I are planning to file the petition jointly. Will this help expedite my case?
GTALAW: Your case will be dismissed by the Court. The New Rule says that the petition can only be filed solely by the
husband or the wife. Besides, this is a clear evidence of collusion oragreement of the spouses to annul their marriage,
which is a ground to dismiss the petition.
Q. The public prosecutor summoned me to appear for investigation regarding the annulment case which I filed
earlier? What is this investigation all about? Can I just send my lawyer instead?
GTALAW: This investigation is usually conducted by the prosecutor to find out if there was an agreement or collusion
between the spouses to annul their marriage. This happens especially in
uncontested petitions when the respondent spouse did not submit his/her Answer to the petition despite receipt of the
Court Summons.
If you are in the country, I suggest that you attend the investigation together with your lawyer. During our early years of
practicing Family Law, we have had an experience that the prosecutor submitted a Certification of the Presence of Collusion
between the parties because our client, the petitioner, failed to attend in the investigation.
The Certification was only withdrawn by the public prosecutor when our client appeared. However, prosecutors are very
considerate if you can give a valid excuse for not attending the investigation.
For a start, we suggest that you read our article regarding the step-by-step procedure for annulment of marriage. We are
sure you will find this very useful and informative. Please see the article here.
Q. I am planning to file an annulment case but I would like to know if my marriage was recorded. How will I
do this?
GTALAW: You can check with the Local Civil Registrar of the place where where your marriage was solemnized. You can
also go directly to the NSO at East Avenue, Quezon City. You can also request for a copy of your marriage contract on-line
through NSO website here.
Q. Can I file the Petition for Annulment of Marriage even if I am working or residing overseas?
GTALAW: Yes. The New Rule allows a Petitioner who is currently residing overseas to file the Petition in the Philippines.
Q. If this is so, how do I file the Petition?
GTALAW: As your lawyer in the Philippines, we will send you a copy of the Petition by e-mail. You can download the
Petition in word format and print copies and sign it afterwards. After signing the Petition, you have to have this notarized
and authenticated at the nearest Philippine Embassy in your area. After the Petition has been authenticated, send it back
to us preferably by courier for filing with the court.
Q. Where do we file the Petition?
GTALAW: The petition shall be filed in the Family Court of the province or city where you or your spouse has been residing
for at least six (6) months prior to the date of filing of the Petition, or in the case of a non-resident respondent-spouse,
where he/she may be found in the Philippines. But you still have the option to file it at the place of your residence.
Q. What if my husband is outside the country or cannot be found in the Philippines. How do we go about it?
GTALAW: Your Petition needs to be published in the newspaper of general circulation once a week for three consecutives
weeks. This is necessary so that the Court can acquire jurisdiction over the person of your husband and the petition can
proceed even in his absence.
Q. Do I need to come home to attend the trial?
GTALAW: Yes, you have to come home to attend the trial especially during the pre-trial conference. Your Petition will be
dismissed if you fail to attend the pre-trial conference. However, your non-appearance during pre-trial conference will be
excused if you can give a valid reason like sickness.
Q. What are the stages of the trial where my presence in Court is necessary?
GTALAW: Your presence in court is absolutely necessary during pre-trial conference and during the time when you have to
give your oral testimony. So it appears that you have to appear in Court at least twice.
Q. It is very difficult for me to leave my work, not to mention that it is also too expensive to come home just
to attend the hearing on my Petition. Is there a way for me not to attend the trial?
GTALAW: None. You have to attend the trial. But we can try to schedule your testimony immediately after the pre-trial
conference. This will minimize your travel expenses because you only have to come to the Philippines at least once.
Q. If I am the one filing the Petition, do I still need to take a psychological test?
GTALAW: Yes, you have to take the test because the psychological report is the very foundation of your Petition. In the
psychological test, our resident psychologist will determine the psychological incapacities of your husband or as the case
may be, your psychological incapacities. We usually recommend that you take the test prior to the filing of the Petition.
Q. Do I need to come home just to take the psychological test?
GTALAW: No.You need not come home to take the test. For purpose of filing the Petition, our resident psychologist will
take your psychological testing on-line or through the internet. You will undergo a confirmatory test when you are already
here.
Q. Is there a guarantee that my marriage will be annulled if I file the Petition?
GTALAW: No, there is no guarantee. The success of your Petition will always depend on the strength of evidence that we
will present in Court.
Q. How do I track down the status of my case once it is already filed?
GTALAW: Our Firm has an on-line client extranet.We shall create an on-line database of your case once you become a client
of our Firm. You can track down the status of your case at our secured extranet anytime, anywhere using your username
and password. You can also download filed copies of your Petition and other court documents in our database.
Q. Are there any other concerns that I have to consider?
GTALAW: You have to further consider the custody and support of your children and separation of your absolute
community properties, if any.
Q. Can I file a divorce case here in the U.S.?
GTALAW: Yes, you can but it will not be valid here in the Philippines. Our laws do not recognize foreign divorce instituted
by Filipino citizens. You still have to file an annulment case before Philippine courts to annul your marriage.
Q. I am an American citizen. I have an existing marriage with a Filipina in the Philippines. I wanted to end the
marriage already. Do I need to file a Petition for Annulment before Philippine Courts?
GTALAW: No need to file the case. You can file a Divorce in the U.S. instead. The Divorce decree will also be recognized in
the Philippines allowing your Filipina wife to re-marry. The pertinent law is Article 26 of the Family Code.
Q. Am I allowed to get married immediately after issuance of the Court Decision on my annulment case?
GTALAW: Not too fast. The Law says that you have to wait for the issuance of the Decree of Annulment. Otherwise, your
second married is also invalid.
Q. The Court has already issued a Finality of Judgment on my Annulment case. Apparently, the Solicitor
General did not file an Appeal to the Court of Appeals anymore. Can I get married already? How do I get the
Decree of Annulment?
GTALAW: Not yet. The New Rule says that you have to register the Entry of Judgment in the Local Civil Registrar of the
place where your marriage was solemnized and in the Local Civil Registrar of the Place where the RTC Court which issued
the Entry of Judgment is located. If you can show proof to the RTC Court the that registration of the Entry of Judgment in
the Local Civil Registrar has been done, it will issue you a Decree of Annulment.
Q. My lawyer told me that before I can get married again, I also need to
show proof to the RTC Court that our common properties mentioned in the Decision have been transferred in
the name of our children. Is this true?
GTALAW: Yes, your lawyer is correct. The law says that partition and distribution of the properties of the spouses and the
delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property.
Otherwise, your second marriage is also void.
Q. What are the effects of the annulment of my marriage in so far as our common properties, inheritance, and
children are concerned?
GTALAW: The effects are as follows:
1. Children conceived or born before the issuance of the Entry of Judgment shall be considered legitimate.
2. The spouse who contracted the marriage in bad faith, his or her share of the net profits of the community property or
conjugal partnership property shall be forfeited in favor:
a. of the common children; or
b. if there are none, the children of the guilty spouse by a previous marriage;
c. in default of children, the innocent spouse;
3. The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any
insurance policy, even if such designation be stipulated as irrevocable; and
3. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent
spouse.
Q. I am a former Filipino citizen. I got married, also to a Filipino Citizen, in a church wedding in Manila on
April 09, 1995. I migrated to the United States sometime in October 1996. I became a naturalized American
citizen in 2004. I divorced my Filipina wife after I became a U.S. citizen. Do I still need to file a Petition for
Annulment of Marriage before Philippine Courts?
GTALAW: No. There is no need to file the Petition. The Divorce that you obtained in America was valid and recognized in
Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued. This
issue was already settled by the Supreme Court in LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000 .
This will also entitle your ex-wife to marry again.
Q. I am a former Filipino citizen married to a Filipino citizen. I have recently obtained a Decree of Absolute
Divorce of my marriage in the Philippines from the Circuit Court of Cook County, Chicago Illinois. Do I still
need to file an Annulment Petition in the Philippines?
GTALAW: No. There is no need for you to file another Petition for Annulment in the Philippines. The Decree of Absolute
Divorce can be recognized in the Philippines because you are no longer a Filipino citizen when you obtained the Decree
from the Circuit Court in Cook County in Chicago, Illinois. Please see case of LLORENTE versus Court of Appeals G.R. No.
124371. November 23, 2000.
Q. Recently, I went to the local Civil Registrar in Quezon City to record in my Marriage Contract, the Decree of
Absolute Divorce which I obtained from Baltimore County Circuit Court in the United States. I told them that I
am no longer a Filipino citizen when I obtained the Decree of Absolute Divorce. But the Local Civil Registrar
refused to record my Divorce without a Court Order from the Philippine Courts. What should I do?
GTALAW: The Local Civil Registrar correctly refused to annotate your Divorce Decree in your marriage Contract. You have
to file a Petition for the Recognition of a Foreign Judgment of Divorce at the Regional Trial Court. You will need an
experienced lawyer to do this because there are intricate legal procedures involved in this process.
Q: What if my ex-wife, who is a Filipina, was the one who a obtained a Divorce before American Courts. Is the
Divorce valid? Is she entitled to remarry under Philippine Law?
GTALAW: No. The Divorce obtained by your Filipina wife is not valid. She is not entitled to remarry because the Divorce
which was obtained by her before American Courts is not recognized under Philippine Law. As a Filipino citizen, the Family
Code of the Philippines should be followed on how her marriage will be dissolved.
Q: My husband is a legal permanent resident in California U.S.A. Just recently, he obtained a Divorce in
America. Is the Divorce valid under Philippine Law?
GTALAW: No. The Divorce is not valid under Philippine Law. Your husband is still a Filipino citizen even though he has a
legal permanent status in the U.S. As a Filipino citizen, the Family Code of the Philippines should
be followed on how your marriage will be dissolved
For Annulment cases our fee structure is based on a Flat Fee scheme. Inclusive of the Flat Fee are as follows:
Our Professional Fee, Psychological and Clinical Evaluation fee including the Psychological Report, Court Filing Fees,
and Sheriffs Fees. Cost of publication, if required, is not included. You can choose to pay the flat fee outright upon signing
the retainer agreement or negotiate for an easy payment terms with our Firm in paying the fees.
Appearance Fees. We normally charge our client an appearance fee every time we appear in Court. Higher appearance
fees will be charged for cases outside Metro Manila. However, our appearance fee will be the same as the appearance fee
that we normally charge in Metro Manila, though your case is outside Metro Manila, if we have correspondent lawyers in
the place where the petition is filed. At present, we have correspondent lawyers practicing in the following areas:
Luzon:
San Fernando City, Pampanga serving the areas of San Fernando City and neighboring Towns, and Angeles City.
Tarlac City serving the areas of Tarlac City and neighboring towns, and the Province of Pangasinan.
Baguio City serving the area of Baguio City.
Visayas:
Cebu City serving the areas of Cebu City and neighboring Towns, Bohol - Tagbilaran City, and Ormoc City.
Mindanao:
Davao City serving areas of Davao City and neighboring Towns and Cities.
Initial e-mail/chat/video chat consultations are free. These are expected to take just long enough for the lawyer to
understand the problem, and explain the applicable fees, and provide an initial impression of the chances of success.
Generally, we do not accept percentage fee arrangements.
On-site consultations - We charge a competitive fee for consultations conducted in our office. We also do phone
consultations scheduled ahead of time.
Publication Fees. If there is a need to publish your petition in the newspaper, publication fees shall be for the account of
the client..
Fees for transcript of stenographic notes. Fees for Courts transcripts of stenographic notes shall be for the account of
the client. But this fee is only minimal.
We issue monthly 'Billing Statements'. These show the history of the amount owing to us, including invoices, payments,
and interest.
Reduced rates for indigent clients. If you are indigent and cannot afford our fees, at our discretion, we can accept your
case on reduced rates. But we have to review the novelty of the issues involved in your case and your capacity to pay.
We are not, and do not wish to be in the business of providing credit. This is not intended to make a profit for us, but to