Scope

Who may
file and
when to file

Where to
file

Contents
and form

Summons

Declaration of Absolute Nullity and Annulment

Marriages under Family Code
Declaration of Absolute Nullity
either husband or wife - action or defense imprescriptible
Annulment:
(i) contracting party without consent within 5 yrs after turning
21yo (UNLESS, freely cohabited after), or
(ii) parent/guardian of contracting party without consent,
before such party turns 21yo
(i) sane spouse with no knowledge of insanity of the other, or
relative/guardian of insane spouse any time before death of
either party;
(ii) insane spouse during lucid interval or after coming to
reason, has not freely cohabited
Injured party whose consent obtained by fraud 5yrs after
discovery, PROVIDED, has not thereafter freely cohabited
Injured party whose consent obtained by F/I/U 5yrs from when
F/I/U ceased, PROVIDED, has not thereafter freely cohabited
Injured party, where other spouse incapable of consummating
marriage, and incapacity incurative 5yrs after marriage
Injured party where other spouse with serious and incurable
STD 5yrs after marriage
Family Court
Resident Resp: residence of Pet/Resp at least 6mos prior to
filing
Non-Resident Resp: where he may be found in the PH, at the
election of Pet
1. complete facts constituting COA
2. names & ages of common children
3. property regime & properties involved
4. may apply for provisional order for support, custody, visitation
rights, admin of property, and other matters requiring urgent
action
5. verified + CNFS (authenticated if Pet in a foreign country)
6. 6 copies; serve to OSG and City/Prov prosec and submit proof
5d from filing
Failure to comply with any ground for immediate dismissal
ROC 14

Legal Separation
SAME
Either husband or wife, within 5yrs from occurrence of any of the ff:
(i) repeated phys violence/grossly abusive conduct to Pet/common
child/child of Pet
(ii) phys violence/moral pressure change religious/political beliefs
(iii) attempt to corrupt/induce Pet/common child/child of Pet to engage
in prostitution, or connivance in such corruption or inducement
(iv) final judgment imprisonment of more than 6yrs, even if
pardoned
(v) drug addiction or habitual alcoholism
(vi) lesbianism or homosexuality
(vii) subsequent bigamous marriage, WON in the PH
(viii) sexual infidelity or perversion
(ix) attempt on life of Pet by Resp
(x) abandonment without justifiable cause for more than 1yr

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Resp cannot be located at given add/whereabouts unknown and

cannot be ascertained by diligent inquiry:
(i) publication 1x/week for 2 consec weeks in newspaper of gen
circ and in such places as the court may order
(ii) registered mail to last known address of Resp

MTD

Answer

Investigatio
n Report of
the Public
Prosecutor

Social
Worker
Pre-trial

Contents of summons order of the court with the ff:

(i) title of case
(ii) docket number
(iii) nature of pet
(iv) principal ground and relief prayed for
(v) directive to answer within 30d from last issue of pub
Not allowed, EXCEPT:
Lack of SM jurisdiction
Lack of jurisdiction over the parties
Within 15d from service of summons by pub
Verified by Resp himself
if no answer no in default
if no answer / answer does not tender an issue:
o court order pub prosec to investigate collusion
submitted to the court and served on parties within 1 month
from receipt of court order mentioned in above
(+) collusion
o shall state basis
o parties may comment within 10d from receipt
o if proven in hearing dismissed
(-) collusion set for pre-trial; duty of pub prosec to appear at
the pre-trial
may be required to conduct case study and submit report 3d
before pre-trial
may be required at any stage, whenever necessary
mandatory
set by court after last pleading or after receipt of collusion
report
parties required to appear personally
served separately on the parties and counsels
sent to resp even if he failed to file answer

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Contents of
PTB

Effect of
Failure to
Appear at
Pre-Trial

Pre-trial
Conference

Pre-trial
Order

Notice of pre-trial shall contain:

(i) date of pre-con
(ii) order directing parties to file and serve their PTBs in such a
manner that will ensure receipt by other party 3d before pre-con
(i) willingness to enter into agreements, as may be allowed by law,
indicating desired terms
(ii) concise statement of claims + applicable laws/authorities
(iii) admitted facts and proposed stipulations + disputed factual
and legal issues
(iv) all evidence to be presented with brief description of nature
& purpose
(v) number and names of witnesses and respective affidavits
(vi) other matters as the court may require
Failure to file PTB or comply with terms = failure to appear
Dismissed, UNLESS counsel/duly authorized rep appears + valid
excuse
With answer but failed to appear:
proceed with pre-trial
order pub prosec to investigate collusion submit report
within 15d
if no collusion pub prosec required to intervene during trial
to prevent suppression or fabrication of evidence
may refer issues to mediator, who shall render within 1mo from
referral (may be extended for a period not exc 1mon, for good
reasons)
if mediation not availed of may consider advisability of
receiving expert testi and such matters that will aid in the
prompt disposition of the petition
matters taken up in pre-con, action taken thereon,
amendments allowed on pleadings and agreements and
admission (except as to ground of petition)
shall control the trail UNLESS modified by the court to prevent
manifest injustice
parties have 5d from receipt for corrections/modifications
Recital of the ff:
(i) facts undisputed, admitted and need not be proved under
next sec

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Prohibited
Compromis
e

Trial

Memoranda

Decision

(ii) factual and legal issues

(iii) evidence obj and doc marked and will be presented
(iv) names of witnesses and testi in form of affidavits
(v) schedule of evidence presentation
(vi) directive to pub prosec to appear and takes steps to prevent
collusion at any stage, and fabrication or suppression of evidence
during trial
(i) civil status
(ii) validity of marriage or of legal separation
(iii) any ground for legal separation
(iv) future support
(v) jurisdiction of courts
(vi) future legitimes
personally conducted by judges
reception of evidence can only be delegated to a commissioner
if with regard to matters involving property relations
grounds must be proved no MJP/SJ/confession of judgment
court may order exclusion from the courtroom of all persons
who do not have direct interest in the case
o would not enhance ascertainment of truth
o would cause psych harm or inability to communicate dye to
embarrassment/fear/timidity
o violate right to privacy
o offensive to decency/public morals
examinations .perusal of records by any person (other than
party/counsel) only court order
may be required from the parties and pub prosec (in
consultation with OSG) 15d from termination of trial
may be required from the OSG if case of sig interest to State
all other pleadings/papers need leave of court
if granted, decree shall be issued only after compliance with FC
50 and 51
parties, OSG and pub prosec served with copies, personally or
reg mail
if summons by pub dispositive also pub 1x
final upon expiration of 15d from notice
o no properties court shall issue decree
o with properties procedure in next next section
(liquidiation, etc)
entry shall be made if no MR/MNT/appeal filed, and shall be

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in consultation with OSG
no OSG memo

if granted, decree shall be issued only after compliance with FC

liquidation
parties, OSG and pub prosec served with copies, personally or reg
mail
if summons by pub dispositive also pub 1x
If decision grants petition:
o no properties court shall issue decree
o with properties decree after full compliance with liquidation
under Family Code, which shall be registered in (i) Civ Reg
where marriage is recorded and in the (ii) Civ Reg where Family

registered in (i) Civ Reg where marriage is recorded and in the

(ii) Civ Reg where Family Court is located

Court is located

Appeal
Liquidation,
Partition
and
Distribution
, Custody,
Support of
Common
Children
and
Delivery of
their
Presumptiv
e Legitimes
Issuance of
Decree

precondition: MR/MNT within 15 from notice of judgment

notice of appeal served and filed 15d from denial of MR/MNT
Upon entry of judgment granting pet / judgment of app court
granting pet, court shall proceed, on motion of either party,
pursuant to Family Code 50 and 51, UNLESS such matters had
been adjudicated in previous judicial proceedings

After:
o reg of entry of judgment in the Civ Reg where Family Court
is located
o reg of approved partition and distribution of prop in proper
Reg of Deeds where real properties located
o delivery of presumptive legitimes case/property/sound
securities
decree shall contain dispositive of judgment

shall likewise declare that:

o entitled to live separately but marriage bond not severed
o obligation of mutual support ceases
o offending spouse DQ from inheriting from innocent spouse by
intestacy, and provisions in favor of offending spouse in will of
innocent spouse revoked by operation of law

grounds for denial of petition:

(i) condonation or consent to the commission of offense or act
complained of
(ii) connivance in the commission of the offense/act constituting the
ground
(iii) both parties have given grounds for legal separation
(iv) collusion
(v) prescription
SAME
SAME, except no delivery of presumptive legitimes

SAME, except no:

delivery of presumptive legitimes case/property/sound
securities
court shall order Local Civ Reg to issue and amend birth
certificate indicating new civil status of children affected,
EXCEPT in case of children under Family Code 36 and 53

Registratio
n and
Publication
of the
Decree;
Decree as
Best
Evidence

Effect of
Death of a
Party; Duty
of the
Family
Court or
Appellate
Court
Petition for
Revocation
of
Donations

approved deed of partition attached

court shall order Local Civ Reg to issue and amend birth
certificate indicating new civil status of children affected,
EXCEPT in case of children under Family Code 36 and 53
prevailing party shall cause registration (and report compliance
within 30d from receipt of decree) in:
o Civ Reg where marriage is registered
o Civ Reg where Family Court is located
o National Census and Statistical Office
If summons by pub pub of decree 1x
Registered decree as best evidence
Registered decree notice to 3P re: properties of parties +
properties/presumptive legitimes delivered to their common
children
Party dies before entry case closed and terminated, without
prejudice to settlement of estate
Party dies after entry judgment binding upon parties and
successors in interest in the settlement of the estate in regular
courts

N/A

SAME, except no:

Registered decree notice to 3P re: properties/presumptive
legitimes delivered to their common children

SAME

Decree of
Reconciliati
on

N/A

May be filed by innocent spouse, under oath, within 5yrs from date
of finality of decision granting the legal separation
Revocation shall be recorded in the Reg of Deeds in the places
where prop are
Alienations, liens and encumbrances registered in GF before
recording of petition for revocation shall be respected
Innocent spouse may also revoke designation of offending spouse
as beneficiary in any insurance policy, even if designation be
stipulated as irrevocable
o Shall take effect upon written notification to insurer
If spouses had reconciled:
o Joint manifestation
o Under oath
o Duly signed by both parties
o May be filed in same proceeding
While proceeding is pending
o court shall immediately issue order of termination

Revival of
Property
Regime or
Adoption of
Another

N/A

Effectivity

March 15, 2003, following pub not later than March 7, 2003

After judgment but before issuance of decree

o spouse shall express in manifestation WON they agree to
revive former property regime or adopt a new regime
o court shall immediately issue Decree of Reconciliation
proceeding set aside + property regime
After issuance of decree
o court shall immediately issue Decree of Reconciliation
declaring that the Decree is set aside BUT separation of
prop and any forfeiture of share of guilty spouse already
effects subsists
UNLESS, spouses have agreed to revive former
regime of property relations or adopt a new regime
In case of the last 3 preceding bullets, if the reconciled spouses
choose to adopt a property regime different from that which they
had prior to filing for legal separation shall comply with next
section
Shall be recorded in the Civ Registries where marriage and the
Decree had been recorded
If reconciliation after judgment but before issuance of decree (3 rd
bullet from preceding section) (NB see penultimate bullet from last
preceding section):
o Verified motion
o Agreement to revive or adopt a new property regime attached,
with the ff:
Properties to be contributed to the restored/new regime
Those to be retained as separate properties
Names of known creditors, their addresses and amounts
owed to each
Creditors shall be furnished with copy of motion and agreement
Publication of verified motion for 2 consec weeks in a newspaper
of gen circ
After hearing and if granted order directing parties to record in
proper registries within 30d from receipt and submit proof of
compliance within same period
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