Here are “steps” or suggestions in deciding whether to step out of the ring or not:
1. Make sure it is the last resort. As stated in a previous post,
love and marriage are supposed to be forever. Try all options, like
counseling, to make it work. If there’s no progress, weigh your options.
On the other side of the scale is the reality that getting into another
relationship or marriage, while the first marital bond is still
existing, is a sure way of courting criminal liability (adultery,
concubinage, bigamy). A subsequent petition for declaration of
nullity/annulment of marriage is not a defense in the criminal action.
2. Realize that it will cost you.
Getting out of marriage is sometimes more expensive than getting into
one. Expenses include the fees for your lawyer or counsel, filing fees,
professional fees for the psychiatrist or psychologist (if the ground is
psychological incapacity), etc.
3. Discuss the custody of children, visitation rights, property arrangements and support. Custody
over children and separation of properties in annulment are among the
most bitter issues in annulment. As much as possible, discuss and agree
on these matters beforehand.
4. Make sure to invoke a valid ground.
Marriage is an inviolable social institution and any doubt is resolved
in its favor. Hence, make sure there’s sufficient basis to go through
the procedure discussed below.
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
No comments:
Post a Comment