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Family Law and Annulment of Marriage

The Full Story

How to file a Petition for Annulment of Marriage in the Philippines?

(Take Note: A petition for annulment and a petition for nullity of marriage are different. The information below only covers the former.)

 

  1. Grounds? Who may file for annulment? When to file?

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Grounds
Who may file for annulment?
When to File?
Convalidation of Marriage
1) Lack of parental consent
The Contracting party whose parent, or guardian, or person exercising substitute parental authority did not give his or her consent; or parent, guardian or person having legal charge of the contracting party.
Within five years after attaining the age of twenty-one; or any time before such party has reached the age of twenty-one
If the contracting party freely cohabitated with the other as husband or wife, after attaining the age of 21.
2)Insanity
Sane spouse who had no knowledge of the other’s insanity; Any relative, guardian, or person having legal charge of the insane; or Insane spouse
At any time, at any time before the death of either party, or during lucid interval or after regaining his/her sanity
Insane spouse, after coming to reason, has freely cohabited with the other as husband or wife.
3) Fraud
Injured party whose consent was obtained by fraud
Within five years after the discovery of the fraud.
Party, with full knowledge of the facts constituting the fraud, has freely cohabited with the other as husband or wife;
4) Force, intimidation, or undue influence
Injured party whose consent was obtained by force, intimidation, or undue influence
Within five years from the time the force intimidation, or undue influence disappeared or ceased.
If force, intimidation, or undue influence having disappeared or ceased, said party has thereafter freely cohabited with the other as husband or wife
5) Impotence (Physically incapable of consummating the marriage with the other and such incapability continues and appears to be incurable)
Injured party
Within five years after the celebration of marriage.
Lapse of 5 years
6) Sexually transmissible diseases (SID must be serious and incurable)
Injured party
Within five years after the celebration of marriage.
Lapse of 5 years

2. Where to File?

Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing, or in the case of non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.

How to file a Petition for Recognition of Foreign Divorce in the Philippines?

There is NO DIVORCE in the Philippines, but when a divorce is validly obtained abroad by either an alien spouse or Filipino spouse, the Filipino spouse shall have the capacity to remarry under Philippine law.

 

STEPS:

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  1. File a Petition for Recognition of Foreign Divorce in the Philippines, and

  2. After the finality of the decision, the foreign divorce decree shall be registered and annotated in the Local Civil Registry (LCR) of the place of jurisdiction of the RTC which granted the petition.

 

Where to file your petition?

Regional Trial Court, either at the residence of the plaintiff or defendant, at the option of the plaintiff.

 

Documentary requirements:

  • Marriage certificate;

  • Divorce decree, order or decision (NOTE: The decree should specifically indicate that the parties to the divorce can remarry.);

  • Specific foreign law on which the divorce decree is based;

  • Proof of residence of the spouse; and

  • Proof of Filipino citizenship or foreign citizenship, whichever is applicable, of both spouses.

How to file a Petition for Domestic Adoption?

Domestic Adoption
Inter-Country Adoption
Who may be adopted? (ADOPTEE)
FILIPINO child onlyFILIPINO child only Note: If a child/ adoptee is NOT a Filipino citizen = Philippines has no jurisdiction.
FILIPINO child + child is legally available for domestic adoption
Who may adopt? (ADOPTER)
Filipino citizen, or Alien residing in the Philippines for at least 3 consecutive years
Filipino citizen permanently residing abroad, or Alien permanently residing abroad
Pre-requisite for adoption proceedings
Certification that the child is legally available for adoption Certification that the child is legally available for adoption
Pre-requisite for adoption proceedings Certification that the child is legally available for adoption Certification that the child is legally available for adoption

QUALIFICATIONS if adopter is a FILIPINO:

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  • is of legal age

  • in possession of full civil capacity and legal rights

  • of good moral character

  • has not been convicted of any crime involving moral turpitude

  • emotionally and psychologically capable of caring for children

  • at least 16 years older than the adoptee (except when adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent), and

  • who is in a position to support and care for his/her children in keeping with the means of the family

 

QUALIFICATIONS if adopter is an ALIEN:

  • Same qualifications if adopter is a Filipino + the following qualifications below;

  • That his country has diplomatic relations with the Republic of the Philippines;

  • That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and

  • That he has been living in the Philippines for at least 3 continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered

 

When requirements (iii) and (iv) may be dispensed with? If the alien is a…

  • is a former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity; or

  • seeks to adopt the legitimate child of his Filipino spouse; or

  • is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the 4th degree of consanguinity or affinity of the Filipino spouse

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Petition for Domestic Adoption may be filed after getting consent to adopt by the Department of Social Welfare and Development (DSWD). Filing of the Petition for Adoption can be done with the Regional Trial Court of the place where the adoptive parents reside.

 

The procedure can also be initiated judicially by filing the Petition in court from the very start—although the case will proceed jointly along with the regular judicial process.

  1. Filing of Petition for Adoption at the Regional Trial Court

  2. Publication of the Petition

  3. Hearing

  4. Decree of Adoption

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How to file for Petition for an Inter-Country Adoption?

QUALIFICATIONS if adopter is a FILIPINO and ALIEN:

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  • That he is at least 27 years old and at least 16 years older than the child to be adopted, at the time of application, unless the adopter is the parent by nature of the child or the spouse of such parent;

  • If married, the name of the spouse who must be joined as co-petitioner except when the adoptee is the legitimate child of his spouse;

  • That he has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone appropriate counseling from an accredited counselor in his country;

  • That he has not been convicted of a crime involving moral turpitude;

  • That he is eligible to adopt under his national law;

  • That he is in a position to provide proper care and support;

  • That he agrees to uphold the basic rights of the child under Philippine laws, and UNCRC, and to abide by the rules and regulations under R.A. 8043;

  • That he comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adopted is allowed under his national laws; and

  • That he possesses all the qualifications and none of the disqualifications provided in R.A. 8043 and in other applicable Philippine laws.

 

When inter-country adoption may be resorted?

It is used as a last resort and in the when the Inter-country Adoption Board has exhausted all possibilities for adoption under the Family Code.

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Normally, the so-called Hauge adoption or international adoption is initiated in the country of residence of the prospective adoptive parents.

 

  1. Where to file the application. The application shall be filed with the Inter-Country Adoption Board (ICAB) through the Central Authority on Inter-country Adoption or an ICAB accredited Foreign Adoption Agency (FAA) or Governmental Adoption Agency (GAA) in the country where the applicant resides.​

  2. Relative Adoption. Relative Adoption as applies to inter-country adoption refers to the adoption of Filipino children by relatives residing abroad within the fourth degree of consanguity.​

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Former Filipinos permanently residing abroad and/or foreigners intending to undertake either local adoption (the filing and the finalization of the adoption is done in the Philippine and have the intention of bringing the adoptive child to their country of residence or through the inter-country adoption route must first secure the approval from the Central Authority or appropriate government agencies before filing any adoption petition. For instance, applicants from the USA must first secure their suitability and eligibility to adopt from the United States Citizenship and Immigration Services (USCIS).

 

Modified Procedure for Relative Adoption Cases (as approved by the ICAB, August 30, 2007)

 

  1. Submission by the Prospective Adoptive Parents. Parents of the Completed Questionnaire for Relative Adoptive Applicants (ICAB Form No. 2), which can be downloaded from the DSWD website shall be submitted by the prospective adoptive parents (PAP’s) to the Central Authorities (CA’s)/Foreign Adoption Agencies (FAA’s). The Cas/FAAs shall endorse to ICAB the completed Questionnaire for Relative Adoptive Applicants (QRAA), with the agency’s assessment and recommendation on the prospective adoptive parents.

  2. If the CA/FAA favorably recommends the PAPs, the ICAB social worker will then request the CA/FAA to proceed with the preparation of the PAP’s dossier. Meanwhile, based on the significant data on the child as indicated in the QRAA, the assigned ICAB Social Worker will request the DSWD-Field Office (FO) to conduct the Child Study Report with supporting documents. Periodic follow-ups will be made with the DSWD-FO.  The time frame from request to ICAB’s receipt of the report is 3 to 6 months. In situations where the FO could not prepare the Child Study Report within the time frame due to heavy adoption caseloads, the ICAB social worker will assist in initiating the CSR.

  3. Once the ICAB receives from the DSWD-FO the child’s dossier and the complete adoption dossier of the PAPs from the CA or FAA, the ICAB social worker will prepare an executive summary on the case with his or her recommendation on the child’s adoptive placement for the disposition of the Board.

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How to file a Petition for Legal Guardianship?

A. INCOMPETENT PERSON

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  • Who is an incompetent person? A person who is…

  1. Suffering from the penalty of civil interdiction,

  2. Hospitalized lepers,

  3. Prodigals,

  4. Deaf and dumb people who are unable to read and write,

  5. Person of unsound mind, and

  6. By reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property.


If he/she is an incompetent person and below 18 years old = considered as a minor and the rules on guardianship of minor shall apply.

 

  • Who may file a petition for legal guardianship of an incompetent person?

  1. Relative;

  2. Friend;

  3. Other person on behalf of a resident incompetent who has no parent or lawful guardian;

  4. Officer of the Federal Administration of the US in the Philippines in favor of a ward; or

  5. Secretary of Health – if it is an insane person who should be hospitalized or a leper

 

  • Where to file the petition for guardianship?

  1. Resident of the Philippines - MTC/RTC where the incompetent resides, depending on the value of the estate.

  2. Non-resident of the Philippines - MTC/RTC where the incompetent’s property of a part thereof is situated, depending on the value of the estate.

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B. MINOR

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  • Who is a minor? A person below 18 years old.

 

  • Who may file a petition for legal guardianship of a minor?

                 1. Any relative;

                 2. Other person on behalf of the minor;

                 3. Minor himself if 14 years of age or over;

                 4. Secretary of Social Welfare and Development;

                 5. Secretary of Health – if an insane minor needs to be hospitalized

 

  • Grounds:

                 1. Death, continued absence, or incapacity of his parents;

                 2. Suspension, deprivation or termination of parental authority; 

                 3. Remarriage of his surviving parent, if the latter is found unsuitable to exercise parental                           authority; or

                 4. When the best interests of the minor so require.

 

  • Where to file the petition for guardianship?

                  1. Resident - Family Court of the province or city where the minor actually resides;

                  2. Non-resident - Family Court of the province or city where his property or any part thereof                     is situated.

 

  • Who may be appointed as guardian of the minor? (Order of Preference)

                  1. Surviving grandparent and in case several grandparents survive, the court shall select any                    of them;

                 2. Oldest brother or sister of the minor over twenty-one years of age, unless unfit or                                      disqualified;

                 3. Actual custodian of the minor over twenty-one years of age, unless unfit or disqualified;                         and

                  4. Any other person, who in the sound discretion of the court, would serve the best interests                    of the minor.

What are the grounds for filing a criminal case for violation of Violence Against Women and Children (VAWC) Act / R.A. 9262?

The grounds are as follows:

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  • PHYSICAL HARM / THREAT to cause physical harm / an ATTEMPT thereof / placing the victim in FEAR OF IMMINENT physical harm;

  • COMPEL or RESTRICT the victim’s movement or conduct by force, physical harm, or any attempt thereof, or intimidation for the purpose of controlling or restricting their movement or conduct, shall include but not limited to the following acts:

                   1. Depriving the victim of CUSTODY to her or his family / a threat thereof;

                   2. Depriving the victim of FINANCIAL SUPPORT or DELIBERATELY PROVIDING                                             INSUFFICIENT SUPPORT / a threat thereof;

                   3. Depriving the victim of a LEGAL RIGHT / a threat thereof; and

                   4. Preventing the victim to engage in any PROFESSION, BUSINESS or ACTIVITY /                                         controlling the victim’s MONEY or PROPERTIES / solely controlling the CONJUGAL MONEY                     or PROPERTY

  • Inflicting PHYSICAL HARM ON ONESELF for the purpose of controlling the victim’s actions or decisions;

  • Causing the victim to engage in a SEXUAL ACTIVITY / an attempt thereof (Sexual activity must NOT be rape);

  • Engaging in ALARMING ACTS that causes substantial emotional or psychological distress to the victim, this shall include, but not be limited to the following:

                   1. Stalking;

                   2. Peering in the window or lingering outside the house;

                   3. Entering or remaining in the dwelling or property against the victim’s will;

                   4. Destroying any property or personal belongings of the victim;

                   5. Inflicting harm to animals or pets of the victim;

                   6. Any form of harassment or violence.

  • Causing mental or emotional anguish, public ridicule or humiliation to the victim, including, but not limited to:

                   1. Repeated verbal and emotional abuse;

                   2. Denial of financial support or custody of minor children of access to the woman's                                   child/children.

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