What are the factors that affect the time to complete an annulment in the Philippines?
The possible factors that would affect the speed of an annulment process are the psychological report, service of summons, the drafting of the Petition, retirements or promotion of judges, difficulties in scheduling the hearings because of the unavailability of the witnesses, opposition by the other party, issues such as custody, support, or property, and court inventory months in January and July.
Why does it take so long to get an annulment in the Philippines?
The process of annulment in the Philippines requires a court case to be filed, witnesses and documents to be presented, and all the parties are given the opportunity to be heard in court. This necessarily takes time.
Is there any way to expedite the process of an annulment in the Philippines?
Unfortunately, there is no expedited process for an annulment in the Philippines. Courts in the Philippines are overloaded with cases which must be tried on a daily basis. Its calendar is always full and new cases have to compete with those that are already filed for the court's time.
How does the psychological evaluation affect the time to process an annulment in the Philippines?
A psychological evaluation is not mandatory in annulment cases. But it will help since neither the courts nor the lawyers involved in an annulment case are experts as to the psychological incapacity of any or both of the parties. The psychological evaluation should take only a day or two. However, gathering all the documents which may be requested by the psychologist and the supporting witnesses may take weeks to complete.
How long does it take to serve the summons or notice to the other party in an annulment case in the Philippines?
It can take between two weeks to several months, depending on the availability of the court's sheriff and if the other party can easily be located at his or her given address. If this fails, the Petitioner in an annulment case can ask the court for permission to publish the court's notices.
How long does it take to draft and finalize the Petition for an annulment in the Philippines?
It would take 2 to 3 months to draft and finalize the Petition depending on how quickly the documents can be submitted by the Petitioner to the handling attorney and the availability of the witnesses whose affidavits in support of the Petition must be taken.
How long will the court hearings take in an annulment case in the Philippines?
It will take between 1 to 2 years to complete all the court hearings. This will include the collusion investigation with the prosecutor, the pre-trial of the case, the trial , and the decision of the court.
After the court hearings and the decision of the judge, what other steps have to be followed to complete the process of an annulment in the Philippines?
After the decision of the court, you have to wait for 15 days for it to become final and there is no appeal by the Office of the Solicitor General nor by the other party. In reality, this may take more than the 15 days because it takes time to confirm the dates when the decision was received by the parties involved . The court has to wait for the return card from the Post Office which indicates the date of receipt of the parties, which will be the starting point to count the 15 days. Then there is the process of annotating the decision of the court with the Civil Registrar and the Philippine Statistics Authority.
ANNULMENT IN THE PHILIPPINES: A TIMELINE
Before Filing of the Petition
Engaging the Services of an Attorney
The Psychological Evaluation
Gathering of Documents
Lining up of Witnesses
Preparing the Petition
(3 to 6 months)
Filing the Petition
Raffle of the Case
Service of Summons
Publication if necessary
(30 days to 90 days)
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Collusion Investigation Before the Office of the Prosecutor
(15-30 days)
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Pre-Trial
(30 days to 60 days)
Trial
Presentation of Witnesses and Documents
(1 year)
Decision of the Court
Becomes final 15 days from receipt by the parties unless there is an Appeal.
Annotation of the Decision of the Court on the Marriage Certificate
This is done with the Philippine Statistics Authority (PSA) after securing the Certificate of Finality with the court.
(3 months to 6 months)