The procedure provided under the Rules on Declaration of Absolute Nullity of Void Marriages and

Annulment of Voidable Marriages is discussed below. Please note that a petition for “annulment” refers
to voidable marriages, which are valid until annulled by the court, while a petition for “declaration of
nullity” refers to marriages that are considered void or inexistent from the very beginning. There are
other differences (e.g., legitimate status of children, property relations between the spouses,
prescription and ratification), but let’s leave those for another day. For convenience, we shall refer to
both petitions as “annulment”.

1. Preparation and filing of the petition. The petition may be filed, at the option of the spouse who filed
it (called the “petitioner”), in the Family Court of the province or city where the petitioner or the other
spouse (called the “respondent”) resides for the last 6 months prior to the date of filing, or in the case
of a non-resident respondent, 7where he/she may be found in the Philippines. An Overseas Filipino
Worker (OFW) may file the petition even while abroad. Incidentally, upon filing of the petition or
anytime thereafter, the court may issue provisional and protective orders.

2. Service of Summons. In simplest terms, this is giving notice to the respondent. Where the
respondent cannot be located at the given address or the whereabouts are unknown and cannot be
ascertained by diligent inquiry, service of summons may be done by publication. This is crucial
because the court cannot validly proceed without service of summons.

3. Answer. The respondent must answer within 15 days from service of summons (or within 30 days
from the last issue of publication in case of service of summons by publication). Unlike in civil cases,
the respondent in annulment proceedings is not declared in default if no answer is filed, but the public
prosecutor shall be ordered to investigate whether collusion exists between the parties.

4. Investigation report of public prosecutor. The public prosecutor prepares a report on whether there
is collusion between the parties. If the court is convinced that collusion exists, it shall dismiss the
petition; otherwise, the court shall set the case for pre-trial conference. The Rules dispensed with the
requirement, as provided in Molina, that the Solicitor General issue a certification stating his reasons
for his agreement or opposition to the petition.

5. Pre-trial conference. During the mandatory pre-trial conference, the court and the parties deal with
certain matters, such as stipulation of facts, for the purpose of expediting the proceedings. The petition
may be dismissed if the petitioner fails to appear during pre-trial. At this stage, the court may also refer
the issues to a mediator who shall assist the parties in reaching an agreement on matters not
prohibited by law (no compromise allowed in civil status of persons, validity of marriage or of legal
separation, grounds for legal separation, jurisdiction of courts, and future support and legitime). The
court may also require a social worker to conduct a case study and submit a report at least 3 days
before the pre-trial conference, or at any stage of the case whenever necessary.

6. Trial. This is the stage where the ground for annulment is proved and opposed. The court may order
the exclusion from the courtroom of all persons, including members of the press, who do not have a
direct interest in the case.

7. Decision. After the trial proper, the court renders its decision, which is different from the Decree of
annulment. A decision, whether granting or dismissing the petition, becomes final upon the expiration
of 15 days from notice to the parties.

8. Appeal. The aggrieved party or the Solicitor General may appeal from the decision within 15 days
from notice of denial of the motion for reconsideration or new trial.
9. Liquidation, partition and distribution, custody, support of common children and delivery of their
presumptive legitimes. These are done upon entry of the judgment granting the petition.

10. Issuance of Decree of annulment. The court issues the Decree after: (i) registration of the entry of
judgment granting the annulment in the Civil Registry where the marriage was celebrated and in the
Civil Registry of the place where the court is located; (ii) registration of the approved partition and
distribution of the properties of the spouses in the proper Register of Deeds where the real properties
are located; and (iii) delivery of the children’s presumptive legitimes in cash, property, or sound
securities.

11. Registration of the Decree. The Decree must be registered in the Civil Registry where the marriage
was registered, the Civil Registry of the place where the court is situated, and in the National Census
and Statistics Office.