
What are the Requirements to File Annulment in the Philippines?
Who are the Witnesses or Testimonial Evidence Required to File an Annulment in the Philippines?
The statements of the following witnesses are normally completed prior to the hearing by way of judicial affidavits which will be identified by the witnesses in court. The prosecutor, as representative of the government, will then have the opportunity to question the witnesses on the basis of these judicial affidavits. 1) The Petitioner- 2) Psychologist 3) Corroborating witnesses What Documents are Required in Filing an Annulment in the Philippines?
1. Marriage Certificate 2. Birth Certificates of children, if any 3. Complete address of the parties (house number, street, barangay, purok/village/subdivision, barangay, zone, town, province) 4. Notarized certificate of residency issued by the barangay 5. Sketch of address, certified by the barangay 6. Any ONE of the following showing the name and address of petitioner: • a) government-issued ID • b) lease contract or land title • c)utility bills from the recent six months • d) other proofs of residency 7. Affidavit of Personal Verification of Residency by counsel 8. Judicial affidavits of the Petitioner, the psychologist, and the corroborating witnesses 9. Psychological Evaluation Report
Who are the Witnesses or Testimonial Evidence Required to File an Annulment in the Philippines?
What Documents are Required in Filing an Annulment in the Philippines?
There are Family Court judges who require the same set of evidence of residency regardless of the basis of the venue or where the Petition is filed.
The testimony of the pscyhologist and the pscyhological evaluation report are not mandatory legal requirements since the Supreme Court has already ruled that the psychological incapacity need not be clinical. ( Supreme Court of the Philippines E-Library, Marcos vs. Marcos, G.R. No. 136490, October 19, 2000). This rule was reiterated in the recent case of Tan-Andal vs. Andal (Rosanna L. Tan-Andal Vs. Mario Victor M. Andal, G.R. No. 196359. May 11, 2021). While not mandatory, it may be helpful in establishing the ground of psychological incapacity.
The foregoing requirements are minimum requirements . The court and the handling lawyer may require more evidence depending on the circumstances of each case.
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