A. M. NO.

02-11-10-SC
MARCH 4, 2003

RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND

ANNULMENT OF VOIDABLE MARRIAGES.

RESOLUTION

Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this
Court's consideration and approval the Proposed Rule on Declaration of Absolute Nullity of Void Marriages
and Annulment of Voidable Marriages, the Court Resolved to APPROVE the same.chan robles virtual law
library

The Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation
not later than March 7, 2003chan robles virtual law library

March 4, 2003

Davide, C.J. Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Sandoval-Gutierrez, Carpio, Austria-
Martinez, Carpio Morales, Callejo, Sr. and Azcuna
Ynares-Santiago, on leave
Corona, on official leavechan robles virtual law library

RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE

MARRIAGES

Section 1. Scope - This Rule shall govern petitions for declaration of absolute nullity of void marriages and
annulment of voidable marriages under the Family Code of the Philippines.chan robles virtual law library

The Rules of Court shall apply suppletorily.

Sec. 2. Petition for declaration of absolute nullity of void marriages.

(a) Who may file. - A petition for declaration of absolute nullity of void marriage may be filed solely by the
husband or the wife. (n)

(b) Where to file. - The petition shall be filed in the Family Court.

(c) Imprecriptibility of action or defense. - An action or defense for the declaration of absolute nullity of void
marriage shall not prescribe.

(d) What to allege. - A petition under Article 36 of Family Code shall specially allege the complete facts
showing the either or both parties were psychologically incapacitated from complying with the essential
marital obligations of marriages at the time of the celebration of marriage even if such incapacity becomes
manifest only after its celebration.

The complete facts should allege the physical manifestations, if any, as are indicative of psychological
incapacity at the time of the celebration of the marriage but expert opinion need not be alleged.chan robles
virtual law library
Sec. 3. Petition for annulment of voidable marriages. -

(a) Who may file. - The following persons may file a petition for annulment of voidable marriage based on any
of the grounds under Article 45 of the Family Code and within the period herein indicated:chan robles virtual
law library

(1) The contracting party whose parent, or guardian, or person exercising substitute parental authority did
not give his or her consent, within five years after attaining the age of twenty-one unless, after attaining the
age of twenty-one, such party freely cohabited with the other as husband or wife; or the parent, guardian or
person having legal charge of the contracting party, at any time before such party has reached the age of
twenty-one;chan robles virtual law library

(2) The sane spouse who had no knowledge of the other's insanity; or by any relative, guardian, or person
having legal charge of the insane, at any time before the death of either party; or by the insane spouse during
a lucid interval or after regaining sanity, provided that the petitioner, after coming to reason, has not freely
cohabited with the other as husband or wife;

(3) The injured party whose consent was obtained by fraud, within five years after the discovery of the fraud,
provided that said party, with full knowledge of the facts constituting the fraud, has not freely cohabited with
the other as husband or wife;

(4) The 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, provided that the force,
intimidation, or undue influence having disappeared or ceased, said party has not thereafter freely cohabited
with the other as husband or wife;

(5) The injured party where the other spouse is physically incapable of consummating the marriage with the
other and such incapability continues and appears to be incurable, within five years after the celebration of
marriage; and

(6) The injured party where the other party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable, within five years after the celebration of marriage.

(b) Where to file. - The petition shall be filed in the Family Court.

Sec. 4. Venue. - The Petition shall be filed in the 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.

Sec. 5. Contents and form of petition. - (1) The petition shall allege the complete facts constituting the cause
of action.

(2) It shall state the names and ages of the common children of the parties and specify the regime governing
their property relations, as well as the properties involved.chan robles virtual law library

If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a
provisional order for spousal support, the custody and support of common children, visitation rights,
administration of community or conjugal property, and other matters similarly requiring urgent action.

(3) It must be verified and accompanied celebration of marriage. (b) Where to file. - The petition shall be filed
in the Family Court.chan robles virtual law library
Sec. 4. Venue. - The petition shall be filed in the 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 a non-
resident respondent, where he may be found in the Philippines at the election of the petitioner.

Sec. 5. Contents and form of petition. - (1) The petition shall allege the complete facts constituting the cause
of action.chan robles virtual law library

(2) it shall state the names and ages of the common children of the parties and specify the regime governing
their property relations, as well as the properties involved.chan robles virtual law library

If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a
provisional order for spousal support, custody and support of common children, visitation rights,
administration of community or conjugal property, and other matters similarly requiring urgent action.

(3) it must be verified and accompanied by a certification against forum shopping. The verification and
certification must be signed personally by me petitioner. No petition may be filed solely by counsel or through
an attorney-in-fact.

If the petitioner is in a foreign country, the verification and certification against forum shopping shall be
authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or
vice-consul or consular agent in said country.

(4) it shall be filed in six copies. The petitioner shall serve a copy of the petition on the Office of the Solicitor
General and the Office of the City or Provincial Prosecutor, within five days from the date of its filing and
submit to the court proof of such service within the same period.

Failure to comply with any of the preceding requirements may be a ground for immediate dismissal of the
petition.

Sec. 6. Summons. - The service of summons shall be governed by Rule 14 of the Rules of Court and by the
following rules:chan robles virtual law library

(1) Where the respondent cannot be located at his given address or his whereabouts are unknown and
cannot be ascertained by diligent inquiry, service of summons may, by leave of court, be effected upon him by
publication once a week for two consecutive weeks in a newspaper of general circulation in the Philippines
and in such places as the court may order In addition, a copy of the summons shall be served on the
respondent at his last known address by registered mail or any other means the court may deem sufficient.

(2) The summons to be published shall be contained in an order of the court with the following data: (a) title
of the case; (b) docket number; (c) nature of the petition; (d) principal grounds of the petition and the reliefs
prayed for; and (e) a directive for the respondent to answer within thirty days from the last issue of
publication.

Sec. 7. Motion to dismiss. - No motion to dismiss the petition shall be allowed except on the ground of lack of
jurisdiction over the subject matter or over the parties; provided, however, that any other ground that might
warrant a dismissal of the case may be raised as an affirmative defense in an answer.chan robles virtual law
library

Sec. 8. Answer. - (1) The respondent shall file his answer within fifteen days from service of summons, or
within thirty days from the last issue of publication in case of service of summons by publication. The answer
must be verified by the respondent himself and not by counsel or attorney-in-fact.
(2) If the respondent fails to file an answer, the court shall not declare him or her in default.

(3) Where no answer is filed or if the answer does not tender an issue, the court shall order the public
prosecutor to investigate whether collusion exists between the parties.

Sec. 9. Investigation report of public prosecutor. - (1) Within one month after receipt of the court order
mentioned in paragraph (3) of Section 8 above, the public prosecutor shall submit a report to the court
stating whether the parties are in collusion and serve copies thereof on the parties and their respective
counsels, if any.

(2) If the public prosecutor finds that collusion exists, he shall state the on the finding of collusion within ten
days from receipt of a copy of a report The court shall set the report for hearing and If convinced that the
parties are in collusion, it shall dismiss the petition.chan robles virtual law library

(3) If the public prosecutor reports that no collusion exists, the court shall set the case for pre-trial. It shall be
the duty of the public prosecutor to appear for the State at the pre-trial.

Sec. 10. Social worker. - The court may require a social worker to conduct a case study and submit the
corresponding report at least three days before the pre-trial. The court may also require a case study at any
stage of the case whenever necessary.

Sec. 11. Pre-trial. -

(1) Pre-trial mandatory. - A pre-trial is mandatory. On motion or motu proprio, the court shall set the pre-trial
after the last pleading has been served and filed, or upon receipt of the report of the public prosecutor that no
collusion exists between the parties.

(2) Notice of pre-trial. - (a) The notice of pre-trial shall contain:

(1) the date of pre-trial conference; andchan robles virtual law library

(2) an order directing the parties to file and serve their respective pre-trial briefs in such manner as shall
ensure the receipt thereof by the adverse party at least three days before the date of pre-trial.

(b) The notice shall be served separately on the parties and their respective counsels as well as on the public
prosecutor. It shall be their duty to appear personally at the pre-trial.chan robles virtual law library

(c) Notice of pre-trial shall be sent to the respondent even if he fails to file an answer. In case of summons by
publication and the respondent failed to file his answer, notice of pre-trial shall be sent to respondent at his
last known address.

Sec. 12. Contents of pre-trial brief. - The pre-trial brief shall contain the following:chan robles virtual law
library

(a) A statement of the willingness of the parties to enter into agreements as may be allowed by law, indicating
the desired terms thereof;chan robles virtual law library

(b) A concise statement of their respective claims together with the applicable laws and authorities;

(c) Admitted facts and proposed stipulations of facts, as well as the disputed factual and legal issues;
(d) All the evidence to be presented, including expert opinion, if any, briefly stating or describing the nature
and purpose thereof;

(e) The number and names of the witnesses and their respective affidavits; and

(f) Such other matters as the court may require.

Failure to file the pre-trial brief or to comply with its required contents shall have the same effect as failure to
appear at the pre-trial under the succeeding paragraphs.

Sec. 13. Effect of failure to appear at the pre-trial. - {a) If the petitioner fails to appear personally, the case
shall be dismissed unless his counsel or a duly authorized representative appears in court and proves a valid
excuse for the non-appearance of the petitioner.

(b) If the respondent has filed his answer but fails to appear, the court shall proceed with the pre-trial and
require the public prosecutor to investigate the non-appearance of the respondent and submit within fifteen
days thereafter a report to the court stating whether his non-appearance is due to any collusion between the
parties. If there Is no collusion, the court shall require the public prosecutor to intervene for the State during
the trial on the merits to prevent suppression or fabrication of evidence.chan robles virtual law library

Sec. 14. Pre-trial conference. -At the pre-trial conference, the court:

(a) May refer the issues to a mediator who shall assist the parties in reaching an agreement on matters not
prohibited by law.

The mediator shall render a report within one month from referral which, for good reasons, the court may
extend for a period not exceeding one month.

(b) In case mediation is not availed of or where it fails, the court shall proceed with the pre-trial conference,
on which occasion it shall consider the advisability of receiving expert testimony and such other makers as
may aid in the prompt disposition of the petition.

Sec. 15. Pre-trial order. - {a) The proceedings in the pre-trial shall be recorded. Upon termination of the pre-
trial, the court shall Issue a pre-trial order which shall recite in detail the matters taken up In the conference,
the action taken thereon, the amendments allowed on the pleadings, and except as to the ground of
declaration of nullity or annulment, the agreements or admissions made by the parties on any of the matters
considered, including any provisional order that may be necessary or agreed upon by the parties.

(b) Should the action proceed to trial, the order shall contain a recital of the following:chan robles virtual law
library

(1) Facts undisputed, admitted, and those which need not be proved subject to Section 16 of this Rule;

(2) Factual and legal issues to be litigated;chan robles virtual law library

(3) Evidence, including objects and documents, that have been marked and will be presented;

(4) Names of witnesses who will be presented and their testimonies in the form of affidavits; and

(5) Schedule of the presentation of evidence.

(c) The pre-trial order shall also contain a directive to the public prosecutor to appear for the State and take
steps to prevent collusion between the parties at any stage of the proceedings and fabrication or suppression
of evidence during the trial on the merits.chan robles virtual law library

(d) The parties shall not be allowed to raise issues or present witnesses and evidence other than those stated
in the pre-trial order.

The order shall control the trial of the case, unless modified by the court to prevent manifest injustice.chan
robles virtual law library

(e) The parties shall have five days from receipt of the pre-trial order to propose corrections or modifications.

Sec. 16. Prohibited compromise. - The court-shall not allow compromise on prohibited matters, such as the
following:

(a) The civil status of persons;chan robles virtual law library

(b) The validity of a marriage or of a legal separation;chan robles virtual law library

(c) Any ground for legal separation;chan robles virtual law library

(d) Future support;

(e) The jurisdiction of courts; and

(f) Future legitime.

Sec. 17. Trial. - (1) The presiding judge shall personally conduct the trial of the case. No delegation of the
reception of evidence to a commissioner shall be allowed except as to matters involving property relations of
the spouses.

(2) The grounds for declaration of absolute nullity or annulment of marriage must be proved. No judgment on
the pleadings, summary judgment, or confession of judgment shall be allowed.

(3} 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. Such an order may be made if the court determines on the
record that requiring a party to testify in open court would not enhance the ascertainment of truth; would
cause to the party psychological harm or inability to effectively communicate due to embarrassment, fear, or
timidity; would violate the right of a party to privacy; or would be offensive to decency or public morals.chan
robles virtual law library

(4) No copy shall be taken nor any examination or perusal of the records of the case or parts thereof be made
by any person other than a party or counsel of a party, except by order of the court.chan robles virtual law
library

Sec. 18. Memoranda. - The court may require the parties and the public prosecutor, in consultation with the
Office of the Solicitor General, to file their respective memoranda support of their claims within fifteen days
from the date the trial is terminated. It may require the Office of the Solicitor General to file its own
memorandum if the case is of significant interest to the State. No other pleadings or papers may be submitted
without leave of court. After the lapse of the period herein provided, the case will be considered submitted for
decision, with or without the memoranda.
Sec. 19. Decision. - (1) If the court renders a decision granting the petition, it shall declare therein that the
decree of absolute nullity or decree of annulment shall be issued by the court only after compliance with
Article 50 and 51 of the Family Code as implemented under the Rule on Liquidation, Partition and
Distribution of Properties.

(2) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the
decision personally or by registered mail. If the respondent summoned by publication failed to appear in the
action, the dispositive part of the decision shall be published once in a newspaper of general circulation.

(3) The decision becomes final upon the expiration of fifteen days from notice to the parties. Entry of
judgment shall be made if no motion for reconsideration or new trial, or appeal Is filed by any of the parties
the public prosecutor, or the Solicitor General.chan robles virtual law library

(4) Upon the finality of the decision, the court shall forthwith issue the corresponding decree if the parties
have no properties.

If the parties have properties, the court shall observe the procedure prescribed in Section 21 of this Rule.

The entry of judgment shall be registered in the Civil Registry where the marriage was recorded and In the
Civil Registry where the Family Court granting the petition for declaration of absolute nullity or annulment of
marriage is located.chan robles virtual law library
Sec. 20. Appeal. - chan robles virtual law library

(1) Pre-condition. - No appeal from the decision shall be allowed unless the appellant has filed a motion for
reconsideration or new trial within fifteen days from notice of judgment.

(2) Notice of appeal. - An aggrieved party or the Solicitor General may appeal from the decision by filing a
Notice of Appeal within fifteen days from notice of denial of the motion for reconsideration or new trial. The
appellant shall serve a copy of the notice of appeal on the adverse parties.

Sec. 21. Liquidation, partition and distribution, custody, support of common children and delivery of their
presumptive legitimes. - Upon entry of the judgment granting the petition, or, in case of appeal, upon receipt
of the entry of judgment of the appellate court granting the petition, the Family Court, on motion of either
party, shall proceed with the liquidation, partition and distribution of the properties of the spouses, including
custody, support of common children and delivery of their presumptive legitimes pursuant to Articles 50 and
51 of the Family Code unless such matters had been adjudicated in previous judicial proceedings.

Sec. 22. Issuance of Decree of Declaration of Absolute Nullity or Annulment of Marriage." (a) The court shall
issue the Decree after:chan robles virtual law library

(1) Registration of the entry of judgment granting the petition for declaration of nullity or annulment of
marriage in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where
the Family Court is located;

(2) 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

(3) The delivery of the children's presumptive legitimes in cash, property, or sound securities.

(b) The court shall quote in the Decree the dispositive portion of the judgment entered and attach to the
Decree the approved deed of partition.chan robles virtual law library
Except in the case of children under Articles 36 and 53 of the Family Code, the court shall order the Local Civil
Registrar to issue an amended birth certificate indicating the new civil status of the children affected.

Sec. 23. Registration and publication of the decree; decree as best evidence. - (a) The prevailing party shall
cause the registration of the Decree in the Civil Registry where the marriage was registered, the Civil Registry
of the place where the Family Court is situated, and in the National Census and Statistics Office. He shall
report td the court compliance with this requirement within thirty days from receipt of the copy of the
Decree.

(b) In case service of summons was made by publication, the parties shall cause the publication of the Decree
once in a newspaper of general circulation.chan robles virtual law library

(c) The registered Decree shall be the best evidence to prove the declaration of absolute nullity or annulment
of marriage and shall serve as notice to third persons concerning the properties of petitioner and respondent
as well as the properties or presumptive legitimes delivered to their common children.

Sec. 24. Effect of death of a party; duty of the Family Court or Appellate Court. - (a) In case a party dies at any
stage of the proceedings before the entry of judgment, the court shall order the case closed and terminated,
without prejudice to the settlement of the estate in proper proceedings in the regular courts.

(b) If the party dies after the entry of judgment of nullity or annulment, the judgment shall be binding upon
the parties and their successors in interest in the settlement of the estate in the regular courts.

Sec. 25. Effectivity. - This Rule shall take effect on March 15, 2003 following its publication in a newspaper of
general circulation not later than March 7, 2003.chan robles virtual law library

Republic of the Philippines

Supreme Court
Manila
A. M. NO. 02-11-10-SC
MARCH 4, 2003

RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE

MARRIAGES.

DISSENTING OPINION
PANGANIBAN, J.
chan robles virtual law library:
During the previous discussions in the Court on the Rule on the Declaration of the Absolute Nullity of
Marriages, especially those portions involving psychological incapacity, I suggested that solicitation of the
comment or advice of both Archbishop Oscar V. Cruz[1] and former Court of Appeals Justice Ricardo C.
Puno[2] asamici curiae. While my request was turned down, I was nevertheless expressly allowed to have
personal consultations with them.

The principal proponent of the new Rule, Mr. Justice Reynato S. Puno, said that his Committee had already
sought the counsel of former Justice Ricardo C. Puno. Hence, I consulted only with the Most Reverend Cruz,
whom the Court had invited as amicus curiae during the oral argument in Republic v. Molina[3] on December
3, 1996. It will be recalled that in the unanimous Decision of the Court in that case, some of his opinions were
used in formulating the guidelines laid down regarding the interpretation and the application of Article 36 of
the Family Code. Those guidelines have heretofore been used in hearing and disposing of petitions for the
declaration of the nullity of marriages on the ground of psychological incapacity.

I considered the consultation important, because Article 36 had undoubtedly been adopted by the Family
Code Revision Committee from Canon 1095 of the New Code of Canon Law, which became effective in 1983.
As head of the National Appellate Matrimonial Tribunal, which reviews all decisions of the marriage tribunals
in all archdioceses and dioceses in the country, Archbishop Cruz is an authority on Canon 1095. since Article
36 was sourced almost verbatim therefrom, I thought that a contemporaneous interpretation of the latter
provision would have great persuasive effect on construing the former.chan robles virtual law library

After a careful study of the opinions of Archbishop Cruz, particularly his letter to me dated February 6, 2003, I
recommended some amendments to the Rule on the Declaration of the Absolute Nullity of Marriages based on
psychological incapacity. While I am grateful that some of my suggestions were incorporated in the final
provisions, I believe that some major items that were rejected are essential and should be taken into account.

(1) WHAT THE PETITION SHOULD STATE. I believe that in addition to those provided in the new Rule, the
following should also be alleged in a petition for nullity filed by a plaintiff:chan robles virtual law library

(a) Per our ruling in Republic v. Molina, petitions for declaration of marital nullity should state the facts
showing the root cause/s of either or both parties psychological incapacity, causes that might be medically or
clinically identified.[4]

(b) The incapacity must not only be alleged to be existing at the time of or prior to the celebration of
marriage,[5] but also be medically or clinically permanent or incurable[6] and grave enough to bring about
the disability of the party to assume the essential obligations of marriage.[7]

(c) The petition should likewise allege the specific marital obligation/s not complied with. These obligations
must be those provided by Articles 68 to 71 of the Family Code as regards the husband and the wife; and
Articles 220, 221, and 225 of the same Code as regards parents and their children.[8]

These proposals, I stress, are expressly provided in this Courts rulings in Republic v. Molina and Santos v.
C.A.[9] which hold that the psychological incapacity must be characterized by (a) gravity, (b) juridical
antecedence and (c) incurability.

Root Cause Must Be Allegedchan robles virtual law library

The Committee on Rules and eventually the whole Court agreed to require the parties to specifically allege
the complete facts showing that either or both parties were psychologically incapacitated from complying
with the essential marital obligations x x x a the time of the celebration of the marriage even if such incapacity
becomes manifest only after its celebration.[10] Yet, there was steadfast refusal to include the
recommendations I enumerated above.

With due respect, I firmly believe that those allegations should be stated in the Petition on the grounds
discussed below.

First, how can the fats be termed complete, if the plaintiff is not required to state the root cause of the claimed
psychological incapacity? Be it remembered that psychological incapacity is a mental, not a physical, ailment.
Though psychological in nature, it is as much an illness as medical conditions like cancer, tuberculosis, or the
common cold. I believe that a plain allegation of the psychological incapacity of one party or both parties to
the marriage is insufficient, because it is a mere inference, not a statement of fact. As such, it must be
supported by the plaintiff with complete facts.
Elementary is the rule that the complaint or petition must state its cause of action with supporting facts, not
with conclusions or speculations. Parties must explicitly allege the factual circumstances showing why they
are entitled to the relief they demand.chan robles virtual law library

Second, it is claimed that tracing the root cause is too scientific and burdensome a quest for petitioners;
hence, they need only to state the physical manifestations of the psychological malady. While I agree that
such manifestations are part of the complete facts, I respectfully submit that the root cause or at the very
least the reasons or circumstances that impelled the plaintiff to infer the presence of the psychological
incapacity should be stated with even more cogency. Requiring the allegation of physical manifestations
but not of root cause is to mistake the effect for the cause of the ailment.

Many times, petitions to void marriages are field simply because the spouses have gotten tired of each other.
Sometimes, battered wives or abandoned husbands rush to court blaming psychological incapacity for their
unfortunate situations without adequate counsel on whether their claims are medically or clinically viable.
Indeed, without looking into the root cause of their conflict, one or the other spouse often goes to court for
the purpose of seeking an end to the marital horrors through a petition for nullity based on psychological
incapacity. They view this ground as the cure-all to their marital predicament, a panacea similar to divorce.
In the process, they clog the court system with improvident petitions.chan robles virtual law library

While indeed a problematic marriage must be mended or threshed out in some civil manner, declaring its
nullity on the ground of psychological incapacity is not always the remedy. And what better pre-court
alternative is there than for the spouses to find out medically or clinically whether alleging psychological
incapacity is a viable option?

Third, it is argued that requiring a statement of the root cause in medical or clinical terms is prejudicial to the
poor who cannot afford the fees of psychiatrists or psychologists. Well I believe that the proper remedy to
the problem of high cost is the provision by the government of free medical or clinical services. If the State
now provides free health services and even medicines to cure physical ailments, should it not also give such
service for mental ailments like psychological incapacity?

To say that the solution is to go out to court without adequate medical or clinical prognosis is to propose that
a patient drink medicine without adequate information to the illness. Such course of action is not only
scientifically ill-advised; it is also expensive and prone to further complications. In the case of problematic
marriage, such a rash recourse not only drains the parties time and resources, but also unduly clogs court
dockets.chan robles virtual law library

Fourth, the parties owe it to themselves, their marriage and their children to be sure that indeed one or the
other spouse is afflicted with psychological incapacity antecedent to the marriage, and permanently and
gravely so. Indeed, it is not easy to nullify a marriage through this route, which is available only in a very
limited number of cases. According to Archbishop Cruz, the Catholic Church developed the ground, its
theological justification and its availability as a remedy only after 150 years of study. It grants annulment on
this ground only after a long and thorough examination of all circumstances, a rigid and convincing
medical/clinical examination of the party concerned.

Since Article 36 of the Family Code was copied from Canon 1095, I believe that the same strictness should be
observed in the grant of civil nullities. After all, under our Constitution and our laws, validity is the rule in
marriage and nullity is only the exception.

Before the parties go to court, they should be adequately convinced of their cause of action by knowing
beforehand the root cause of their marital problems. And the initial way to show entitlement to nullity is a
statement of the complete facts including the root cause.chan robles virtual law library

Permanence and Gravity of Incapacity

Aside from the root cause, I believe that, to be complete, the facts should also show that the incapacity is (a)
medically or clinically permanent or incurable and (b) grave enough to bring about the inability of the party
to assume the essential obligations of marriage. My initial proposal that the petition contain an allegation of
the existence of the incapacity at the time or prior to the celebration of the marriage is now carried in Section
2(d) of the Rule[11]

That the Court has decided in the new Rule not to require the parties to include the above allegation in their
petition shows that it has veered from these essential requirements culled from our existing jurisprudence,
requirements that were in turn taken from the Catholic Churchs uniform interpretation of Canon 1095. For
this reason, a decision granting nullity of marriage without a finding of the incurability and the gravity of the
ailment would be a departure from current jurisprudence as well as from the uniform meaning given by
Canon law to this provision.

Specific Marital Obligation Breached

I cannot understand, either, why there is a refusal to require the specification of the marital obligations in
the Family Code that cannot be complied with by reason of the alleged incapacity. I believe that the omission
thereof would lead to guesswork in the proceedings.chan robles virtual law library

Together with the other omissions (root cause, permanence and gravity), this failure to require an allegation
of the obligations breached will enable a plaintiff to come to court even without a firm statement of the cause
of action.

(2) THE SOLICITOR GENERAL SHOULD DEFEND MARRIAGE AND FAMILY. In cases involving Article 36, the
participation of the Office of the Solicitor General as counsel for the State cannot be overestimated.

Our Constitution devotes an entire Article on the Family,[12][ which it recognizes as the foundation of the
nation. It decrees that marriage as a legally inviolable institution that must be protected from dissolution at
the whim of the parties. Both the family and marriages are to be protected by the State.

The Family Code[13] echoes this constitutional edict on marriage and the family, it also emphasizes their
permanence, inviolability and solidarity.

With this mandate, the State, through the Office of the Solicitor General (OSG), cannot be allowed to turn its
back on its constitutional duty to protect marriage and the family.chan robles virtual law library

True, Section 18 of the Rule now finalized by the Puno Committee and the entire Court grants the trial
court the discretion to require x x x the public prosecutor, in consultation with the Office of the Solicitor
General, to file their respective memoranda in support of their claims within fifteen days from the date the
trial is terminated. True also, the OSG, even if not an original party or oppositor, may appeal the
decision.[14]

These are, however, post facto remedies in which the OSG may not be fully effective. The hornbook doctrine
is that only questions raised below may be the subject of appeals. Even more important, a case can be
decided only on the basis of facts, theories and causes of action shown by the pleadings and by the facts
proven during the trial. If the OSG does not oppose the petition at the fist opportunity, participate during the
trial, or present contradictory evidence Or at the very least, does not cross-examine the witnesses the
truth, the whole truth and nothing but the truth may not be ferreted out.

I believe that it is important, even essential, that the OSG should be given the mandate, at the earliest states of
the proceedings, to defend marriage and the family on behalf of the State. After all, the guidelines in Republic
v. Molina were carefully crafted by a unanimous Court because of the OSGs insistent indictment of Article 36
of the Family Code as the most liberal divorce procedure in the world. By excluding the OSG from the
origins of the cases involving psychological incapacity, the new Rule may be resurrecting this indictment of
Article 36 as nothing less than a de facto divorce law.chan robles virtual law library

According to Archbishop Cruz, the State is dut[y-]bound to spare no effort precisely in promoting the
stability of marriage and in defending [the] solidarity of the family. It would be then incongruous for the State
to renounce its constitutional mandate, to reject its codal commitment in safeguarding marriage from
questionable actions destructive thereof, protecting the family from personalistic options divisive
thereof.[15] Added the good prelate:

Thus, the proposed Rule that the Court may require the Office of the Solicitor General to file its own
memorandum in cases of significant interest to the State appears unacceptable for the following reasons:
One, without demeaning the Office of the public prosecutor standing for the State in defending the institution
for marriage, it is not a secret that there is a good amount of laxity in the compliance of the said Office
especially in big urban places in the country. Two, simply making the submission of a memorandum from the
Office of the Solicitor General as something merely facultative as in effect doing away with the second line of
defense of marriage and family life. Three, it can be rightfully asked if marriage and family after all constitute
but an insignificant interest of the State notwithstanding all constitutional and codal provisions to the
contrary.[16]

That the OSG is saddled with work is no reason for it to abandon its responsibility: to defend, when called
upon and at the earliest opportunity, the constitutional protection of marriage and the family. Neither is it
reason to delay compliance with that duty. The OSG takes the role of the defensor vinculi who defends
marriage, when appropriate, in nullity cases under Canon 1095. If indeed it lacks manpower to attend to this
constitutional duty, the logical solution is for it to secure that manpower, not to abandon its responsibility.

THE DECISION SHOULD EXPRESSLY EXPLAIN THE ROOT CAUSE AND THE OTHER FACTS REQUIRED TO BE
ALLEGED IN THE PETITION. The decision of the lower court in Article 36 cases should clearly explain the
root cause/s of the psychological incapacity, causes which must be medically or clinically identified.[17]

The decision must also show that the incapacity was existing at the time of or prior to the celebration of the
marriage,[1] is medically or clinically permanent[18] or incurable,[19] and is grave enough to bring about the
partys incapacity to assume the essential obligations of marriage.[20]chan robles virtual law library

The incurability of the incapacity must also be specific whether it is absolute or only relative to the other
spouse, not necessarily absolute in regard to everyone else of the opposite sex.[21]

The text of the decision should likewise specify the marital obligation/s not complied with obligations
embraced in Articles 68 to 71 of the Family Code as regards the husband and his wife; as well as Articles 220,
221 and 225 of the same Code in regard to parents and their children.[22]

Observed Archbishop Cruz: It might be opportune to ask if the dispositive portion of the Decree or the
Declaration would have nothing to say abut the Pars in Causa proven radically unfit for marriage in
conjunction with his/her possible subsequent option to get married again. While the issues on the
disposition of properties, the assignment of the custodial right if indeed, the matter of support and other
concerns, are important, the person of the subject party proven incapacitated for valid marriage is of no
lesser significance.[23]

Finally, also in accordance with Republic v. Molina, no decision should be handed down unless the solicitor
general issues a certification, to be quoted in the decision, briefly stating therein his or her reasons for
agreeing with or opposing to the petition.[24]chan robles virtual law library

All in all, I respectfully submit that by refusing to require (1) the parties to allege in the petition the essential
facts showing the root cause, its incurability and gravity; (2) the solicitor general to defend the marriage at
the earliest opportunity; and (3) the trial judge to state the said essential facts in the decision granting nullity,
the Court may be encouraging the filing of groundless petitions for nullity. Worse, it may be facilitating the
grant of such petitions on grounds other than those originally conceived under Article 36 of the Family Code.
I hope that the OSG and our own people will not one day soon come again to this Court complaining about
the Article 36 being the most liberal divorce procedure in the world.

FOR THE FOREGOING REASONS, I regret that I cannot give my concurrence to and approval to the Rule on the
Declaration of the Nullity of Marriages based on psychological incapacity.

FOOTNOTES:
--------------------------------------------------------------------------------

[1] Judicial vicar of the National Appellate Matrimonial Tribunal of the Catholic Church of the Philippines and
former president of the Catholic Bishops Conference of the Philippines.chan robles virtual law library

[2] Jurist, author, noted civil law professor, law practitioner and a member of the Family Code Revision
Committee.

[3] G.R. No. 108763, February 13, 1997, per Panganiban, J.

[4] Republic v. Molina, p. 14.

[5] Ibid.

[6] Id., p. 15.chan robles virtual law library

[7] Ibid.

[8] Id., p. 16.

[9] G.R. No. 112019, January 4, 1995, per Vitug, J.

[10] Sec. 2 (d).

[11] Sec. 2. Petition for declaration of absolute nullity of void marriages.

xxx xxx xxx

What to allege. A petition under Article 36 of the Family code shall specifically allege the complete facts
showing that either or both parties were psychologically incapacitated from complying with the essential
marital obligations or marriage at the time of the celebration of marriage even if such incapacity becomes
manifest only after its celebration.

The complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity
at the time of the celebration of the marriage but expert opinion need not be alleged.chan robles virtual law
library
[12] Article XV

THE FAMILY

Section 1. The State recognizes the Filipino Family as the foundation of the nation. Accordingly, it shall
strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be
protected by the State.

Section 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the demands
of responsible parenthood;

(2) The right of the children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.

(3) The right of the family to a family living wage and income;

(4) The right of families or family associations to participate in the planning and implementation of
policies and programs that affect them.chan robles virtual law library

Section 4. The family has the duty to care for its elderly members but the state may also do so through just
programs of social security.

[13] Art. 1. Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an
inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations during the marriage within the
limits provided by this Code.chan robles virtual law library

[14] Sec. 20. Appeal.

xxx xxx xxx

(2) Notice of Appeal. An aggrieved party or the Solicitor General may appeal from the decision by filing
a Notice of Appeal within fifteen days from notice of denial of the motion for reconsideration or new trial. The
appellant shall serve a copy of the notice of appeal on the adverse parties.

[15] Letter to Justice Artemio V. Panganiban dated February 6, 2003, p. 4.

[16] Ibid.

[17] Republic v. Molina, p. 14.

[18] Ibid.

[19] Id., p. 15.

[20] Ibid.
[21] Ibid.

[22] Republic v. Molina, p. 16.

[23] Letter to Justice Artemio V. Panganiban dated February 6, 2003, p. 4.

[24] Id., p. 17.

Court Issuances, Amendments to the Rules of Court

[A.M. No. 02-11-11-SC 2003-03-15]

RE: PROPOSED RULE ON LEGAL SEPARATION

RESOLUTION

Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this
Courts consideration and approval the Proposed Rule on Legal Separation, the Court Resolved to APPROVE
the same.

The Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation
not later than March 7, 2003.

March 4, 2003.

Davide, Jr., C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Sandoval-Gutierrez, Carpio, Austria-
Martinez, Carpio Morales, Callejo, Sr., and Azcuna, JJ.,concur.

Ynares-Santiago, J., on leave.

Corona, J., on official leave.

RULE ON

LEGAL SEPARATION

SECTION 1. Scope.This Rule shall govern petitions for legal separation under the Family Code of the
Philippines.

The Rules of Court shall apply suppletorily.

Sec. 2. Petition.

(a) Who may and when to file.(1) A petition for legal separation may be filed only by the husband or the
wife, as the case may be, within five years from the time of the occurrence of any of the following causes:

(a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or
a child of the petitioner;

(b) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(c) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to
engage in prostitution, or connivance in such corruption or inducement;

(d) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(e) (e) Drug addiction or habitual alcoholism of the respondent;

(f) (f) Lesbianism or homosexuality of the respondent;

(g) (g) Contracting by the respondent of a subsequent bigamous marriage, whether in or outside the
Philippines;

(h) (h) Sexual infidelity or perversion of the respondent;

(i) (i) Attempt on the life of petitioner by the respondent; or

(j) (j) Abandonment of petitioner by respondent without justifiable cause for more than one year.

(b) Contents and form.The petition for legal separation shall:

1. Allege the complete facts constituting the cause of action.

2. (2) State the names and ages of the common children of the parties, specify the regime governing
their property relations, the properties involved, and creditors, if any.
If there is no adequate provision in a written agreement between the parties, the petitioner may
apply for a provisional order for spousal support, custody and support of common children, visitation
rights, administration of community or conjugal property, and other similar matters requiring urgent
action.

3. (3) Be verified and accompanied by a certification against forum shopping. The verification and
certification must be personally signed by the petitioner. No petition may be filed solely by counsel or
through an attorney-in-fact.

If the petitioner is in a foreign country, the verification and certification against forum shopping shall
be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general,
consul or vice-consul or consular agent in said country.

4. Be filed in six copies. The petitioner shall, within five days from such filing, furnish a copy of the
petition to the City or Provincial Prosecutor and the creditors, if any, and submit to the court proof of
such service within the same period.

Failure to comply with the preceding requirements may be a ground for immediate dismissal of the petition.

(c) Venue.The petition shall be filed in the 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 a non-resident
respondent, where he may be found in the Philippines, at the election of the petitioner.

Sec. 3. Summons.The service of summons shall be governed by Rule 14 of the Rules of Court and by the
following rules:

(a) Where the respondent cannot be located at his given address or his whereabouts are unknown and cannot
be ascertained by diligent inquiry, service of summons may, by leave of court, be effected upon him by
publication once a week for two consecutive weeks in a newspaper of general circulation in the Philippines
and in such place as the court may order.

In addition, a copy of the summons shall be served on respondent at his last known address by registered
mail or by any other means the court may deem sufficient.

(b) The summons to be published shall be contained in an order of the court with the following data: (1) title
of the case; (2) docket number; (3) nature of the petition; (4) principal grounds of the petition and the reliefs
prayed for; and (5) a directive for respondent to answer within thirty days from the last issue of publication.

Sec. 4. Motion to Dismiss.No motion to dismiss the petition shall be allowed except on the ground of lack of
jurisdiction over the subject matter or over the parties; provided, however, that any other ground that might
warrant a dismissal of the case may be raised as an affirmative defense in an answer.

Sec. 5. Answer . (a) The respondent shall file his answer within fifteen days from receipt of summons, or
within thirty days from the last issue of publication in case of service of summons by publication. The answer
must be verified by respondent himself and not by counsel or attorney-in-fact.

(b) If the respondent fails to file an answer, the court shall not declare him in default.

(c) Where no answer is filed, or if the answer does not tender an issue, the court shall order the public
prosecutor to investigate whether collusion exists between the parties. .

Sec. 6. Investigation Report of Public Prosecutor.(a) Within one month after receipt of the court order
mentioned in paragraph (c) of the preceding section, the public prosecutor shall submit a report to the court
on whether the parties are in collusion and serve copies on the parties and their respective counsels, if any.

(b) If the public prosecutor finds that collusion exists, he shall state the basis thereof in his report. The parties
shall file their respective comments on the finding of collusion within ten days from receipt of copy of the
report. The court shall set the report for hearing and if convinced that parties are in collusion, it shall dismiss
the petition.

(c) If the public prosecutor reports that no collusion exists, the court shall set the case for pre-trial. It shall be
the duty of the public prosecutor to appear for the State at the pre-trial.

Sec. 7. Social Worker.The court may require a social worker to conduct a case study and to submit the
corresponding report at least three days before the pre-trial. The court may also require a case study at any
stage of the case whenever necessary.

Sec. 8. Pre-trial.

(a) Pre-trial mandatory.A pre-trial is mandatory. On motion or motu proprio, the court shall set the pre-
trial after the last pleading has been served and filed, or upon receipt of the report of the public prosecutor
that no collusion exists between the parties on a date not earlier than six months from date of the filing of the
petition.

(b) Notice of Pre-trial.(1) The notice of pre-trial shall contain:

(a) the date of pre-trial conference; and

(b) an order directing the parties to file and serve their respective pre-trial briefs in such manner as shall
ensure the receipt thereof by the adverse party at least three days before the date of pre-trial.

(2) The notice shall be served separately on the parties and their respective counsels as well as on the public
prosecutor. It shall be their duty to appear personally at the pre-trial.
(3) Notice of pre-trial shall be sent to the respondent even if he fails to file an answer. In case of summons by
publication and the respondent failed to file his answer, notice of pre-trial shall be sent to respondent at his
last known address.

Sec. 9. Contents of pre-trial brief.The pre-trial brief shall contain the following:

1. A statement of the willingness of the parties to enter into agreements as may be allowed by law,
indicating the desired terms thereof;

2. A concise statement of their respective claims together with the applicable laws and authorities;

3. Admitted facts and proposed stipulations of facts, as well as the disputed factual and legal issues;

4. All the evidence to be presented, including expert opinion, if any, briefly stating or describing the
nature and purpose thereof;

5. The number and names of the witnesses and their respective affidavits; and

6. Such other matters as the court may require.

Failure to file the pre-trial brief or to comply with its required contents shall have the same effect as failure to
appear at the pre-trial under the succeeding section.

Sec. 10. Effect of failure to appear at the pre-trial.(1) If the petitioner fails to appear personally, the case
shall be dismissed unless his counsel or a duly authorized representative appears in court and proves a valid
excuse for the non-appearance of the petitioner.

(2) If the respondent filed his answer but fails to appear, the court shall proceed with the pre-trial and
require the public prosecutor to investigate the non-appearance of the respondent and submit within fifteen
days a report to the court stating whether his non-appearance is due to any collusion between the parties. If
there is no collusion, the court shall require the public prosecutor to intervene for the State during the trial on
the merits to prevent suppression or fabrication of evidence.

Sec. 11. Pre-trial conference.At the pre-trial conference, the court may refer the issues to a mediator who
shall assist the parties in reaching an agreement on matters not prohibited by law.

The mediator shall render a report within one month from referral which, for good reasons, the court may
extend for a period not exceeding one month.

In case mediation is not availed of or where it fails, the court shall proceed with the pre-trial conference, on
which occasion it shall consider the advisability of receiving expert testimony and such other matters as may
aid in the prompt disposition of the petition.

Sec. 12. Pre-trial order.(a) The proceedings in the pre-trial shall be recorded. Upon termination of the pre-
trial, the court shall issue a pre-trial order which shall recite in detail the matters taken up in the conference,
the action taken thereon, the amendments allowed on the pleadings, and, except as to the ground of legal
separation, the agreements or admissions made by the parties on any of the matters considered, including
any provisional order that may be necessary or agreed upon by the parties.

(b) Should the action proceed to trial, the order shall contain a recital of the following:

1. Facts undisputed, admitted, and those which need not be proved subject to Section 13 of this Rule;
2. Factual and legal issues to be litigated;
 3. Evidence, including objects and documents, that have been marked and will be presented;

4. Names of witnesses who will be presented and their testimonies in the form of affidavits; and

5. Schedule of the presentation of evidence.

The pre-trial order shall also contain a directive to the public prosecutor to appear for the State and take
steps to prevent collusion between the parties at any stage of the proceedings and fabrication or suppression
of evidence during the trial on the merits.

(c) The parties shall not be allowed to raise issues or present witnesses and evidence other than those stated
in the pre-trial order. The order shall control the trial of the case unless modified by the court to prevent
manifest injustice.

(d) The parties shall have five days from receipt of the pre-trial order to propose corrections or modifications.

Sec. 13. Prohibited compromise.The court shall not allow compromise on prohibited matters, such as the
following:

1. The civil status of persons;

2. The validity of a marriage or of a legal separation;

3. Any ground for legal separation;

4. Future support;

5. The jurisdiction of courts; and

6. Future legitime.

Sec. 14. Trial.(a) The presiding judge shall personally conduct the trial of the case. No delegation of the
reception of evidence to a commissioner shall be allowed except as to matters involving property relations of
the spouses.

(b) The grounds for legal separation must be proved. No judgment on the pleadings, summary judgment, or
confession of judgment shall be allowed.

(c) 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. Such an order may be made if the court determines on the
record that requiring a party to testify in open court would not enhance the ascertainment of truth; would
cause to the party psychological harm or inability to effectively communicate due to embarrassment, fear, or
timidity; would violate the partys right to privacy; or would be offensive to decency or public morals.

(d) No copy shall be taken nor any examination or perusal of the records of the case or parts thereof be made
by any person other than a party or counsel of a party, except by order of the court.

Sec. 15. Memoranda.The court may require the parties and the public prosecutor to file their respective
memoranda in support of their claims within fifteen days from the date the trial is terminated. No other
pleadings or papers may be submitted without leave of court. After the lapse of the period herein provided,
the case will be considered submitted for decision, with or without the memoranda.

Sec. 16. Decision.(a) The court shall deny the petition on any of the following grounds:
 1. The aggrieved party has condoned the offense or act complained of or has consented to the
commission of the offense or act complained of;

2. There is connivance in the commission of the offense or act constituting the ground for legal
separation;

3. Both parties have given ground for legal separation;

4. There is collusion between the parties to obtain the decree of legal separation; or

5. The action is barred by prescription.

(b) If the court renders a decision granting the petition, it shall declare therein that the Decree of Legal
Separation shall be issued by the court only after full compliance with liquidation under the Family Code.

However, in the absence of any property of the parties, the court shall forthwith issue a Decree of Legal
Separation which shall be registered in the Civil Registry where the marriage was recorded and in the Civil
Registry where the Family Court granting the legal separation is located.

(c) The decision shall likewise declare that:

1. The spouses are entitled to live separately from each other but the marriage bond is not severed;

2. The obligation of mutual support between the spouses ceases; and

3. The offending spouse is disqualified from inheriting from the innocent spouse by intestate
succession, and provisions in favor of the offending spouse made in the will of the innocent spouse
are revoked by operation of law.

(d) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the
decision personally or by registered mail. If the respondent summoned by publication failed to appear in the
action, the dispositive part of the decision shall also be published once in a newspaper of general circulation.

Sec. 17. Appeal.

(a) Pre-condition.No appeal from the decision shall be allowed unless the appellant has filed a motion for
reconsideration or new trial within fifteen days from notice of judgment.

(b) Notice of Appeal.An aggrieved party or the Solicitor General may appeal from the decision by filing a
Notice of Appeal within fifteen days from notice of denial of the motion for reconsideration or new trial. The
appellant shall serve a copy of the notice of appeal upon the adverse parties.

Sec. 18. Liquidation, partition and distribution, custody, and support of minor children.Upon entry of
the judgment granting the petition, or, in case of appeal, upon receipt of the entry of judgment of the appellate
court granting the petition, the Family Court, on motion of either party, shall proceed with the liquidation,
partition and distribution of the properties of the spouses, including custody and support of common
children, under the Family Code unless such matters had been adjudicated in previous judicial proceedings.

Sec. 19. Issuance of Decree of Legal Separation.(a) The court shall issue the Decree of Legal Separation
after:

(1) registration of the entry of judgment granting the petition for legal separation in the Civil Registry where
the marriage was celebrated and in the Civil Registry where the Family Court is located; and
(2) 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.

(b) The court shall quote in the Decree the dispositive portion of the judgment entered and attach to the
Decree the approved deed of partition.

Sec. 20. Registration and publication of the Decree of Legal Separation; decree as best evidence. -

(a) Registration of decree.The prevailing party shall cause the registration of the Decree in the Civil
Registry where the marriage was registered, in the Civil Registry of the place where the Family Court is
situated, and in the National Census and Statistics Office. He shall report to the court compliance with this
requirement within thirty days from receipt of the copy of the Decree.

(b) Publication of decree.In case service of summons was made by publication, the parties shall cause the
publication of the Decree once in a newspaper of general circulation.

(c) Best evidence.The registered Decree shall be the best evidence to prove the legal separation of the
parties and shall serve as notice to third persons concerning the properties of petitioner and respondent.

Sec. 21. Effect of death of a party; duty of the Family Court or Appellate Court.(a) In case a party dies at
any stage of the proceedings before the entry of judgment, the court shall order the case closed and
terminated without prejudice to the settlement of estate in proper proceedings in the regular courts.

(b) If the party dies after the entry of judgment, the same shall be binding upon the parties and their
successors in interest in the settlement of the estate in the regular courts.

Sec. 22. Petition for revocation of donations.(a) Within five (5) years from the date the decision granting
the petition for legal separation has become final, the innocent spouse may file a petition under oath in the
same proceeding for legal separation to revoke the donations in favor of the offending spouse.

(b) The revocation of the donations shall be recorded in the Register of Deeds in the places where the
properties are located.

(c) Alienations, liens, and encumbrances registered in good faith before the recording of the petition for
revocation in the registries of property shall be respected.

(d) After the issuance of the Decree of Legal Separation, the innocent spouse may revoke the designation of
the offending spouse as a beneficiary in any insurance policy even if such designation be stipulated as
irrevocable. The revocation or change shall take effect upon written notification thereof to the insurer.

Sec. 23. Decree of Reconciliation.(a) If the spouses had reconciled, a joint manifestation under oath, duly
signed by the spouses, may be filed in the same proceeding for legal separation.

(b) If the reconciliation occurred while the proceeding for legal separation is pending, the court shall
immediately issue an order terminating the proceeding.

(c) If the reconciliation occurred after the rendition of the judgment granting the petition for legal separation
but before the issuance of the Decree, the spouses shall express in their manifestation whether or not they
agree to revive the former regime of their property relations or choose a new regime.

The court shall immediately issue a Decree of Reconciliation declaring that the legal separation proceeding is
set aside and specifying the regime of property relations under which the spouses shall be covered.

(d) If the spouses reconciled after the issuance of the Decree, the court, upon proper motion, shall issue a
decree of reconciliation declaring therein that the Decree is set aside but the separation of property and any
forfeiture of the share of the guilty spouse already effected subsists, unless the spouses have agreed to revive
their former regime of property relations or adopt a new regime.

(e) In case of paragraphs (b), (c), and (d), if the reconciled spouses choose to adopt a regime of property
relations different from that which they had prior to the filing of the petition for legal separation, the spouses
shall comply with Section 24 hereof.

(f) The decree of reconciliation shall be recorded in the Civil Registries where the marriage and the Decree
had been registered.

Sec. 24. Revival of property regime or adoption of another.(a) In case of reconciliation under Section 23,
paragraph (c) above, the parties shall file a verified motion for revival of regime of property relations or the
adoption of another regime of property relations in the same proceeding for legal separation attaching to said
motion their agreement for the approval of the court.

(b) The agreement which shall be verified shall specify the following:

(1) The properties to be contributed to the restored or new regime;

(2) Those to be retained as separate properties of each spouse; and

(3) The names of all their known creditors, their addresses, and the amounts owing to each.

(c) The creditors shall be furnished with copies of the motion and the agreement.

(d) The court shall require the spouses to cause the publication of their verified motion for two consecutive
weeks in a newspaper of general circulation.

(e) After due hearing, and the court decides to grant the motion, it shall issue an order directing the parties to
record the order in the proper registries of property within thirty days from receipt of a copy of the order and
submit proof of compliance within the same period.

Sec. 25. Effectivity.This Rule shall take effect on March 15, 2003 following its publication in a newspaper of
general circulation not later than March 7, 2003.

Republic of the Philippines

Supreme Court
Manila

A.M. NO. 03-02-05-SC

[MAY 01, 2003]

RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS

RESOLUTION
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this
Courts consideration and approval the Proposed Rule on Guardianship of Minors, the Court Resolved to
APPROVE the same.

The Rule shall take effect on May 1, 2003 following its publication in a newspaper of general circulation not
later than April 15, 2003.chan robles virtual law library

April 1, 2003.

Davide, Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez,
Carpio, Austria-Martinez, Corona, Carpio-Moralez,Callejo Sr., Azcuna, JJ., concur

RULE ON GUARDIANSHIP OF MINORS

Section 1. Applicability of the Rule. This Rule shall apply to petitions for guardianship over the person or
property, or both, of a minor.chan robles virtual law library

The father and the mother shall jointly exercise legal guardianship over the person and property of their
unemancipated common child without the necessity of a court appointment. In such case, this Rule shall be
suppletory to the provisions of the Family Code on guardianship.

Sec. 2. Who may petition for appointment of guardian. On grounds authorized by law, any relative or other
person on behalf of a minor, or the minor himself if fourteen years of age or over, may petition the Family
Court for the appointment of a general guardian over the person or property, or both, of such minor. The
petition may also be filed by the Secretary of Social Welfare and Development and by the Secretary of Health
in the case of an insane minor who needs to be hospitalized.chan robles virtual law library

Sec. 3. Where to file petition. A petition for guardianship over the person or property, or both, of a minor
may be filed in the Family Court of the province or city where the minor actually resides. If he resides in a
foreign country, the petition shall be flied with the Family Court of the province or city where his property or
any part thereof is situated.

Sec. 4. Grounds of petition. - The grounds for the appointment of a guardian over the person or property, or
both, of a minor are the following:

(a) death, continued absence, or incapacity of his parents;

(b) suspension, deprivation or termination of parental authority;chan robles virtual law library

(c) remarriage of his surviving parent, if the latter Is found unsuitable to exercise parental authority; or

(d) when the best interests of the minor so require.

Sec. 5. Qualifications of guardians. In appointing a guardian, the court shall consider the guardians:
(a) moral character;chan robles virtual law library

(b) physical, mental and psychological condition;

(c) financial status;

(d) relationship of trust with the minor;chan robles virtual law library

(e) availability to exercise the powers and duties of a guardian for the full period of the guardianship;

(f) lack of conflict of interest with the minor; and

(g) ability to manage the property of the minor.

Sec. 6. Who may be appointed guardian of the person or property, or both, of a minor. In default of parents
or a court-appointed guardian, the court may appoint a guardian of the person or property, or both, of a
minor, observing as far as practicable, the following order of preference:
(a) the surviving grandparent and In case several grandparents survive, the court shall select any of them
taking Into account all relevant considerations;

(b) the oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified;

(c) the actual custodian of the minor over twenty-one years of age, unless unfit or disqualified; and

(d) any other person, who in the sound discretion of the court, would serve the best interests of the minor.

Sec. 7. Contents of petition. A petition for the appointment of a general guardian must allege the following:
(a) The jurisdictional facts;

(b) The name, age and residence of the prospective ward;chan robles virtual law library

(c) The ground rendering the appointment necessary or convenient;chan robles virtual law library

(d) The death of the parents of the minor or the termination, deprivation or suspension of their parental
authority;

(e) The remarriage of the minors surviving parent;

(f) The names, ages, and residences of relatives within the 4th civil degree of the minor, and of persons having
him in their care and custody;

(g) The probable value, character and location of the property of the minor; and

(h) The name, age and residence of the person for whom letters of guardianship are prayed.

The petition shall be verified and accompanied by a certification against forum shopping. However, no defect
in the petition or verification shall render void the issuance of letters of guardianship.

Sec. 8. Time and notice of hearing. When a petition for the appointment of a general guardian is filed, the
court shall fix a time and place for its hearing, and shall cause reasonable notice to be given to the persons
mentioned in the petition, including the minor if he is fourteen years of age or over, and may direct other
general or special notice to be given.

Sec. 9. Case study report. The court shall order a social worker to conduct a case study of the minor and all
the prospective guardians and submit his report and recommendation to the court for its guidance before the
scheduled hearing. The social worker may intervene on behalf of the minor if he finds that the petition for
guardianship should be denied.chan robles virtual law library
Sec. 10. Opposition to petition. Any interested person may contest the petition by filing a written opposition
based on such grounds as the majority of the minor or the unsuitability of the person for whom letters are
prayed, and pray that the petition be denied, or that letters of guardianship issue to himself, or to any suitable
person named in the opposition.

Sec. 11. Hearing and order for letters to issue. At the hearing of the petition, it must be shown that the
requirement of notice has been complied with. The prospective ward shall be presented to the court. The
court shall hear the evidence of the parties in support of their respective allegations. If warranted, the court
shall appoint a suitable guardian of the person or property, or both, of the minor.chan robles virtual law
library

At the discretion of the court, the hearing on guardianship may be closed to the public and the records of the
case shall not be released without its approval.

Sec. 12. When and how a guardian of the property for non-resident minor is appointed; notice. When the
minor resides outside the Philippines but has property in the Philippines, any relative or friend of such minor,
or any one interested in his property, in expectancy or otherwise, may petition the Family Court for the
appointment of a guardian over the property.

Notice of hearing of the petition shall be given to the minor by publication or any other means as the court
may deem proper. The court may dispense with the presence of the non-resident minor.

If after hearing the court is satisfied that such non-resident is a minor and a guardian is necessary or
convenient, it may appoint a guardian over his property.chan robles virtual law library

Sec. 13. Service of final and executory judgment or order. The final and executory judgment or order shall be
served upon the Local Civil Registrar of the municipality or city where the minor resides and the Register of
Deeds of the place where his property or part thereof is situated shall annotate the same in the corresponding
title, and report to the court his compliance within fifteen days from receipt of the order.

Sec. 14. Bond of guardian; amount; conditions. - Before he enters upon the execution of his trust, or letters of
guardianship issue, an appointed guardian may be required to post a bond in such sum as the court shall
determine and conditioned as follows:

(a) To make and return to the court, within three months after the issuance of his letters of guardianship, a
true and complete Inventory of all the property, real and personal, of his ward which shall come to his
possession or knowledge or to the possession or knowledge of any other person in his behalf;

(b) To faithfully execute the duties of his trust, to manage and dispose of the property according to this rule
for the best interests of the ward, and to provide for his proper care, custody and education;

(c) To render a true and Just account of all the property of the ward in his hands, and of all proceeds or
interest derived therefrom, and of the management and disposition of the same, at the time designated by this
rule and such other times as the court directs; and at the expiration of his trust, to settle his accounts with the
court and deliver and pay over all the property, effects, and monies remaining in his hands, or due from him
on such settlement, to the person lawfully entitled thereto; andchan robles virtual law library

(d) To perform all orders of the court and such other duties as may be required by law.

Sec. 15. Where to file the bond; action thereon. The bond posted by a guardian shall be filed in the Family
Court and, In case of breach of any of its conditions, the guardian may be prosecuted in the same proceeding
for the benefit of the ward or of any other person legally interested in the property.
Whenever necessary, the court may require the guardian to post a new bond and may discharge from further
liability the sureties on the old bond after due notice to interested persons, if no injury may result therefrom
to those interested in the property.chan robles virtual law library

Sec. 16. Bond of parents as guardians of property of minor. If the market value of the property or the annual
Income of the child exceeds P50,000.00, the parent concerned shall furnish a bond In such amount as the
court may determine, but in no case less than ten per centurn of the value of such property or annual income,
to guarantee the performance of the obligations prescribed for general guardians.

A verified petition for approval of the bond shall be flied in the Family Court of the place where the child
resides or, if the child resides in a foreign country, in the Family Court of the place where the property or any
part thereof is situated.

The petition shall be docketed as a summary special proceeding In which all incidents and issues regarding
the performance of the obligations of a general guardian shall be heard and resolved.chan robles virtual law
library

Sec. 17. General duties of guardian. A guardian shall have the care and custody of the person of his ward and
the management of his property, or only the management of his property. The guardian of the property of a
nonresident minor shall have the management of all his property within the Philippines.

A guardian shall perform the following duties:

(a) To pay the just debts of the ward out of the personal property and the income of the real property of the
ward, If the same is sufficient; otherwise, out of the real property of the ward upon obtaining an order for its
sale or encumbrance;

(b) To settle all accounts of his ward, and demand, sue for, receive all debts due him, or may, with the
approval of the court, compound for the same and give discharges to the debtor on receiving a fair and just
dividend of the property and effects; and to appear for and represent the ward in all actions and special
proceedings, unless another person is appointed for that purpose;

(c) To manage the property of the ward frugally and without waste, and apply the income and profits thereon,
insofar as may be necessary, to the comfortable and suitable maintenance of the ward; and if such income and
profits be insufficient for that purpose, to sell or encumber the real or personal property, upon being
authorized by the court to do so;

(d) To consent to a partition of real or personal property owned by the ward jointly or in common with
others upon authority granted by the court after hearing, notice to relatives of the ward, and a careful
investigation as to the necessity and propriety of the proposed action;

(e) To submit to the court a verified inventory of the property of his ward within three months after his
appointment, and annually thereafter, the rendition of which may be required upon the application of an
interested person;chan robles virtual law library

(f) To report to the court any property of the ward not included in the inventory which is discovered, or
succeeded to, or acquired by the ward within three months after such discovery, succession, or acquisition;
and

(g) To render to the court for its approval an accounting of the property one year from his appointment, and
every year thereafter or as often as may be required.
Sec. 18. Power and duty of the court The court may:chan robles virtual law library
(a) Request the assistance of one or more commissioners in the appraisal of the property of the ward
reported in the initial and subsequent inventories;

(b) Authorize reimbursement to the guardian, other than a parent, of reasonable expenses incurred in the
execution of his trust, and allow payment of compensation for his services as the court may deem just, not
exceeding ten per centum of the net income of the ward, if any; otherwise, in such amount the court
determines to be a reasonable compensation for his services; and

(c) Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the
property at the ward, require any person suspected of having embezzled, concealed, or disposed of any
money, goods or interest, or a written instrument belonging to the ward or his property to appear for
examination concerning any thereof and issue such orders as would secure the property against such
embezzlement, concealment or conveyance.

Sec. 19. Petition to sell or encumber property. - When the income of a property under guardianship is
insufficient to maintain and educate the ward, or when it is for his benefit that his personal or real property
or any part thereof be sold, mortgaged or otherwise encumbered, and the proceeds invested in safe and
productive security, or in the improvement or security of other real property, the guardian may file a verified
petition setting forth such facts, and praying that an order issue authorizing the sale or encumbrance of the
property.chan robles virtual law library

Sec. 20. Order to show cause. If the sale or encumbrance is necessary or would be beneficial to the ward, the
court shall order his next of kin and all person/s interested in the property to appear at a reasonable time and
place therein specified and show cause why the petition should not be granted.

Sec. 21. Hearing on return of order; costs. At the time and place designated in the order to show cause, the
court shall hear the allegations and evidence of the petitioner and next of kin, and other persons interested,
together with their witnesses, and grant or deny the petition as the best interests of the ward may require.

Sec. 22. Contents of order for sale or encumbrance and its duration; bond. If, after full examination, it is
necessary, or would be beneficial to the ward, to sell or encumber the property, or some portion of it, the
court shall order such sale or encumbrance the proceeds of which shall be expended for the maintenance or
the education of the ward, or invested as the circumstances may require. The order shall specify the grounds
for the sale or encumbrance and may direct that the property ordered sold be disposed of at public sale,
subject to such conditions as to the time and manner of payment, and security where a part of the payment is
deferred. The original bond of the guardian shall stand as security for the proper appropriation of the
proceeds of the sale or encumbrance, but the court may, if deemed expedient, require an additional bond as a
condition for the sale or encumbrance. The authority to sell or encumber shall not extend beyond one year,
unless renewed by the court.chan robles virtual law library

Sec. 23. Court may order investment of proceeds and direct management of property. The court may
authorize and require the guardian to invest the proceeds of sales or encumbrances, and any other money of
his ward in his hands, in real or personal property, for the best interests of the ward, and may make such
other orders for the management, investment, and disposition of the property and effects, as circumstances
may warrant.

Sec. 24. Grounds for removal or resignation of guardian. When a guardian becomes insane or otherwise
incapable of discharging his trust or is found thereafter to be unsuitable, or has wasted or mismanaged the
property of the ward, or has failed to render an account or make a return for thirty days after it is due, the
court may, upon reasonable notice to the guardian, remove him as such and require him to surrender the
property of the ward to the person found to be lawfully entitled thereto.
The court may allow the guardian to resign for justifiable causes.

Upon the removal or resignation of the guardian, the court shall appoint a new one.chan robles virtual law
library

No motion for removal or resignation shall be granted unless the guardian has submitted the proper
accounting of the property of the ward and the court has approved the same.

Sec. 25. Ground for termination of guardianship. The court motu proprio or upon verified motion of any
person allowed to file a petition for guardianship may terminate the guardianship on the ground that the
ward has come of age or has died. The guardian shall notify the court of such fact within ten days of its
occurrence.

Sec. 26. Service of final and executory judgment or order. The final and executory judgment or order shall be
served upon the Local Civil Registrar of the municipality or city where the minor resides and the Register of
Deeds of the province or city where his property or any part thereof is situated. Both the Local Civil Registrar
and the Register of Deeds shall enter the final and executory judgment or order in the appropriate books in
their offices.

Sec. 27. Effect of the rule. This Rule amends Rules 92 to 97 inclusive of the Rules of Court on guardianship of
minors. Guardianship of incompetents who are not minors shall continue to be under the jurisdiction of the
regular courts and governed by the Rules of Court.chan robles virtual law library

Sec. 28. Effectivity. - This Rule shall take effect on May 1, 2003 following its publication in a newspaper of
general circulation not later than April 15, 2003.

chan robles virtual law library