What are the Requirements to File Annulment in the Philippines?
What Documents are Required in Filing an Annulment in the Philippines?
- Marriage Certificate
- Birth Certificates of children, if any
- Complete address of the parties (house number, street, barangay, purok/village/subdivision, barangay, zone, town, province)
- Notarized certificate of residency issued by the barangay
- Sketch of address, certified by the barangay
- 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
- Affidavit of Personal Verification of Residency by counsel
- Judicial affidavits of the Petitioner, the psychologist, and the corroborating witnesses
- Psychological Evaluation Report
Who are the Witnesses Required to File an Annulment in the Philippines?
- The Petitioner
- Psychologist
- Corroborating witnesses
The statements of these 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.
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.
On January 24,2023, the Supreme Court amended certain provisions on the Rules on Declaration of Nullity of Marriage. Among the changes made were: 1) Providing for “habitual” and not “actual” residence for the last 6 months as the venue for the filing of the Petition; 2) Providing for exceptions to the submission of documentary requirements such as violence against his or her person or their children, drug addiction or other criminal activity, alcoholism, infidelity, and failure to provide support, the petitioner spouse has left the habitual residence which he or she has established with the respondent spouse; and 3) Providing that when both parties are residing abroad, that the venue shall be either the habitual residence of either party or the place where both parties resided as husband and wife, both at the election of the Petitioner. In lieu of the documents required under the previous rules, the Petitioner is now required to submit the sworn certification from the Philippine consulate of the fact that the parties are residing abroad, sufficient proof of last known residence of the parties when they were living together in the Philippines, and the sworn certification of counsel that he has explained the documentary requirements to the Petitioner. (JANUARY 19, 2024 UPDATES) . 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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