A.M. No.

02-11-10-SC March 4, 2003

RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLIT OF !OID
MARRIA"ES AND ANNULMENT OF !OIDABLE MARRIA"ES
R E S O L U T I O N

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 APPRV! the same"

#he Rule shall ta$e e%ect on March &', ())* follo+ing its publication in a
ne+spaper of general circulation not later than March ,, ())*
RULE ON DECLARATION OF ABSOLUTE NULLIT OF !OID MARIA"ES
AND ANNULMENT OF !OIDABLE MARRIA"ES
S#c$%o& 1. Scope - #his Rule shall govern petitions for declaration of absolute
nullity of void marriages and annulment of voidable marriages under the .amily
Code of te Philippines"

#he Rules of Court shall apply suppletorily"
S#c$%o& 2. Petition for declaration of absolute nullity of void marriages.
(a) Who may fle. - A petition for declaration of absolute nullity of void marriage
may be /led solely by the husband or the +ife" 0n1
(b) Where to fle. - #he petition shal be /led in the .amily Court"
(c) Imprecriptibility ofaction 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 *2 of .amily Code shall specially
allege te complete facts sho+ing the either or both parties +ere psychologically
incapacitated from complying +ith the essential marital obligations of marriages at
the time of the celebration of marriage even if such incapacity becomes manifest
only after its celebration"

#he 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 e3pert opinion need not be alleged"
S#c$%o& 3. Petition for annulment of voidable marriages. -
(a) Who may fle. - #he follo+ing persons may /le a petition for annulment of
voidable marriage based on any of the grounds under article 4' of the .amily Code
and +ithin the period herein indicated5
0&1 #he contracting party +hose parent, or guardian, or person e3ercising
substitute parental authority did not give his or her consent, +ithin /ve
years after attaining the age of t+enty-one unless, after attaining the age of
t+enty-one, such party freely cohabitated +ith the other as husband or +ife6
or the parent, guardian or person having legal charge of the contracting
party , at any time before such party has reached the age of t+enty-one6
0(1 #he sane spouse +ho had no $no+ledge of the other's insanity6 or by any
relative, guardian, or person having legal charge of the insane, at any time
before the death of either party6 or by the insane spouse during the a lucid
interval or after regaining sanity, provided that the petitioner , after coming
to reason, has not freely cohabited +ith the other as husband or +ife6
0*1 #he in7ured party +hose consent +as obtained by fraud, +ithin /ve years
after the discovery of the fraud, provided that said party, +ith full $no+ledge
of the facts constituting the fraud, has not freely cohabited +ith the other as
husband or +ife6
041 #he in7ured party +hose consent +as obtained by force, intimidation, or
undue in8uence, +ithin /ve years from the time the force intimidation, or
undue in8uence disappeared or ceased, provided that the force,
intimidation, or undue in8uence having disappeared or ceased, said party
has not thereafter freely cohabited +ith the other as husband or +ife6
0'1 #he in7ured party +here the other spouse is physically incapable of
consummating the marriage +ith the other and such incapability continues
and appears to be incurable, +ithin /ve years after the celebration of
marriage6 and
021 #e in7ured party +here the other party +as a9icted +ith a se3ually-
transmissible disease found to be serious and appears to be incurable,
+ithin /ve years after the celebration of marriage"
(b) Where to fle. - #he petition shall be /led in the .amily Court"
S#c$%o& 4. Venue. - #he Petition shall be /led in the .amily Court of the province
or city +here the petitioner or the respondent has been residing for at least si3
months prior to the date of /ling" r in the case of non-resident respondent, +here
he may be found in the Philippines, at the election of the petitioner"
S#c$%o& '. Contents and form of petition. :
0&1 #he petition shall allege the complete facts constituting the cause of action"
0(1 ;t shall state the names and ages of the common children of the parties and
specify the regime governing their property relations, as +ell as the properties
involved"

;f there is no ade<uate provision in a +ritten agreement bet+een 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 con7ugal property, and other matters similarly re<uiringurgent
action"
0*1 ;t must be veri/ed and accompanied celebration of marriage" 0b1 =here to /le"-
#he petition shall be /led in the .amily Court"
S#c$%o& 4. Venue. - #he petition shall be /led in the .amily Court of the province
or city +here the petitioner or the respondent has been residing for at least si3
months prior to the date of /ling, or in the case of a non-resident respondent,
+here he may be found in the Philippines at the election of the petitioner"
S#c$%o& '. Contents and form of petition. :
0&1 #he petition shall allege the complete facts constituting the cause of action"
0(1 it shall state the names and ages of the common children of the parties and
specify the regime governing their property relations, as +ell as the properties
involved"

;f there is no ade<uate provision in a +ritten agreement bet+een 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 con7ugal property, and other matters similarly re<uiring urgent
action"
0*1 it must be veri/ed and accompanied by a certi/cation against forum shopping"
#he veri/cation and certi/cation must be signed personally by me petitioner" No
petition may be /led solely by counsel or through an attorney-in-fact"

;f the petitioner is in a foreign country, the veri/cation and certi/cation
against forum shopping shall be authenticated by the duly authori>ed o%icer of the
Philippine embassy or legation, consul general, consul or vice-consul or consular
agent in said country"
041 it shall be /led in si3 copies" #he petitioner shall serve a copy of the petition on
the %ice of the ?olicitor @eneral and the %ice of the City or Provincial
Prosecutor, +ithin /ve days from the date of its /ling and submit to the court proof
of such service +ithin the same period"
.ailure to comply +ith any of the preceding re<uirements may be a ground
for immediate dismissal of the petition"
S#c$%o& (. Summons. - #he service of summons shall be governed by Rule &4 of
the Rules of Court and by the follo+ing rules5
0&1 =here the respondent cannot be located at his given address or his
+hereabouts are un$no+n and cannot be ascertained by diligent in<uiry, service of
summons may, by leave of court, be e%ected upon him by publication once a +ee$
for t+o consecutive +ee$s in a ne+spaper of general circulation in the Philippines
and in such places as the court may order ;n addition, a copy of the summons shall
be served on the respondent at his last $no+n address by registered mail or any
other means the court may deem su%icient"
0(1 #he summons to be published shall be contained in an order of the court +ith
the follo+ing data5 0a1 title of the case6 0b1 doc$et number6 0c1 nature of the
petition6 0d1 principal grounds of the petition and the reliefs prayed for6 and 0e1 a
directive for the respondent to ans+er +ithin thirty days from the last issue of
publication"
S#c$%o& ). otion to dismiss. - No motion to dismiss the petition shall be allo+ed
e3cept on the ground of lac$ of 7urisdiction over the sub7ect matter or over the
parties6 provided, ho+ever, that any other ground that might +arrant a dismissal of
the case may be raised as an a%irmative defense in an ans+er"
S#c$%o& *. !ns"er. - 0&1 #he respondent shall /le his ans+er +ithin /fteen days
from service of summons, or +ithin thirty days from the last issue of publication in
case of service of summons by publication" #he ans+er must be veri/ed by the
respondent himself and not by counsel or attorney-in-fact"
0(1 ;f the respondent fails to /le an ans+er, the court shall not declare him or her
in default"
0*1 =here no ans+er is /led or if the ans+er does not tender an issue, the court
shall order the public prosecutor to investigate +hether collusion e3ists bet+een
the parties"
S#c$%o& +. Investigation report of public prosecutor. :
0&1 =ithin one month after receipt of the court order mentioned in paragraph 0*1 of
?ection A above, the public prosecutor shall submit a report to the court stating
+hether the parties are in collusion and serve copies thereof on the parties and
their respective counsels, if any"
0(1 ;f the public prosecutor /nds that collusion e3ists, he shall state the on the
/nding of collusion +ithin ten days from receipt of a copy of a report #he court
shall set the report for hearing and ;f convinced that the parties are in collusion, it
shall dismiss the petition"
0*1 ;f the public prosecutor reports that no collusion e3ists, the court shall set the
case for pre-trial" ;t shall be the duty of the public prosecutor to appear for the
?tate at the pre-trial"
S#c$%o& 10. Social "or#er. - #he court may re<uire a social +or$er to conduct a
case study and submit the corresponding report at least three days before the pre-
trial" #he court may also re<uire a case study at any stage of the case +henever
necessary"
S#c$%o& 11. Pre$trial. -
(%) Pre$trial mandatory. - A pre-trial is mandatory" n motion or motu proprio& the
court shall set the pre-trial after the last pleading has been served and /led, or
upon receipt of the report of the public prosecutor that no collusion e3ists bet+een
the parties"
(') (otice of pre$trial. :
0a1 #he notice of pre-trial shall contain5
0&1 the date of pre-trial conference6 and
0(1 an order directing the parties to /le 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"
0b1 #he notice shall be served separately on the parties and their respective
counsels as +ell as on the public prosecutor" ;t shall be their duty to appear
personally at the pre-trial"
0c1 Notice of pre-trial shall be sent to the respondent even if he fails to /le an
ans+er" ;n case of summons by publication and the respondent failed to /le his
ans+er, notice of pre-trial shall be sent to respondent at his last $no+n address"
S#c$%o& 12. Contents of pre$trial brief. - #he pre-trial brief shall contain the
follo+ing5
0a1 A statement of the +illingness of the parties to enter into agreements as may be
allo+ed by la+, indicating the desired terms thereof6
0b1 A concise statement of their respective claims together +ith the applicable la+s
and authorities6
0c1 Admitted facts and proposed stipulations of facts, as +ell as the disputed
factual and legal issues6
0d1 All the evidence to be presented, including e3pert opinion, if any, brie8y stating
or describing the nature and purpose thereof6
0e1 #he number and names of the +itnesses and their respective a%idavits6 and
0f1 ?uch other matters as the court may re<uire"

.ailure to /le the pre-trial brief or to comply +ith its re<uired contents shall
have the same e%ect as failure to appear at the pre-trial under the succeeding
paragraphs"
S#c$%o& 13. )*ect of failure to appear at the pre$trial. :
Ba1 ;f the petitioner fails to appear personally, the case shall be dismissed unless
his counsel or a duly authori>ed representative appears in court and proves a valid
e3cuse for the non-appearance of the petitioner"
0b1 ;f the respondent has /led his ans+er but fails to appear, the court shall
proceed +ith the pre-trial and re<uire the public prosecutor to investigate the non-
appearance of the respondent and submit +ithin /fteen days thereafter a report to
the court stating +hether his non-appearance is due to any collusion bet+een the
parties" ;f there ;s no collusion, the court shall re<uire the public prosecutor to
intervene for the ?tate during the trial on the merits to prevent suppression or
fabrication of evidence"
S#c$%o& 14. Pre$trial conference. -At the pre-trial conference, the court5
0a1 May refer the issues to a mediator +ho shall assist the parties in reaching an
agreement on matters not prohibited by la+"
#he mediator shall render a report +ithin one month from referral +hich, for
good reasons, the court may e3tend for a period not e3ceeding one month"
0b1 ;n case mediation is not availed of or +here it fails, the court shall proceed +ith
the pre-trial conference, on +hich occasion it shall consider the advisability of
receiving e3pert testimony and such other ma$ers as may aid in the prompt
disposition of the petition"
S#c$%o& 1'. Pre$trial order. :
Ba1 #he proceedings in the pre-trial shall be recorded" Cpon termination of the pre-
trial, the court shall ;ssue a pre-trial order +hich shall recite in detail the matters
ta$en up ;n the conference, the action ta$en thereon, the amendments allo+ed on
the pleadings, and e3cept as to the ground of declaration of nullity or annulment,
the agreements or admissions made by the parties on any of the matters
considered, including any provisional order that may be necessary or agreed upon
by the parties"
0b1 ?hould the action proceed to trial, the order shall contain a recital of the
follo+ing6
0&1 .acts undisputed, admitted, and those +hich need not be proved sub7ect
to ?ection &2 of this Rule6
0(1 .actual and legal issues to be litigated6
0*1 !vidence, including ob7ects and documents, that have been mar$ed and
+ill be presented6
041 Names of +itnesses +ho +ill be presented and their testimonies in the
form of a%idavits6 and
0'1 ?chedule of the presentation of evidence"
0c1 #he pre-trial order shall also contain a directive to the public prosecutor to
appear for the ?tate and ta$e steps to prevent collusion bet+een the parties at any
stage of the proceedings and fabrication or suppression of evidence during the
trial on the merits"
0d1 #he parlies shall not be allo+ed to raise issues or present +itnesses and
evidence other than those stated in the pre-trial order"
#he order shall control the trial of the case, unless modi/ed by the court to
prevent manifest in7ustice"
0e1 #he parties shall have /ve days from receipt of the pre-trial order to propose
corrections or modi/cations"
S#c$%o& 1(. Prohibited compromise. - #he court-shall not allo+ compromise on
prohibited matters, such as the follo+ing5
0a1 #he civil status of persons6
0b1 #he validity of a marriage or of a legal separation6
0c1 Any ground for legal separation6
0d1 .uture support6
0e1 #he 7urisdiction of courts6 and
0f1 .uture legitime"
S#c$%o& 1). +rial. :
0&1 #he presiding 7udge shall personally conduct the trial of the case" No delegation
of the reception of evidence to a commissioner shall be allo+ed e3cept as to
matters involving property relations of the spouses"
0(1 #he grounds for declaration of absolute nullity or annulment of marriage must
be proved" No 7udgment on the pleadings, summary 7udgment, or confession of
7udgment shall be allo+ed"
0*1 #he court may order the e3clusion from the courtroom of all persons, including
members of the press, +ho do not have a direct interest in the case" ?uch an order
may be made if the court determines on the record that re<uiring a party to testify
in open court +ould not enhance the ascertainment of truth6 +ould cause to the
party psychological harm or inability to e%ectively communicate due to
embarrassment, fear, or timidity6 +ould violate the right of a party to privacy6 or
+ould be o%ensive to decency or public morals"
041 No copy shall be ta$en nor any e3amination 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, e3cept by order of the court"
S#c$%o& 1*. emoranda. - #he court may re<uire the parties and the public
prosecutor, in consultation +ith the %ice of the ?olicitor @eneral, to /le their
respective memoranda support of their claims +ithin /fteen days from the date the
trial is terminated" ;t may re<uire the %ice of the ?olicitor @eneral to /le its o+n
memorandum if the case is of signi/cant interest to the ?tate" No other pleadings
or papers may be submitted +ithout leave of court" After the lapse of the period
herein provided, the case +ill be considered submitted for decision, +ith or
+ithout the memoranda"
S#c$%o& 1+. ,ecision. :
0&1 ;f 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 +ith Article ') and '& of the .amily Code as implemented
under the Rule on Di<uidation, Partition and Distribution of Properties"
0(1 #he parties, including the ?olicitor @eneral and the public prosecutor, shall be
served +ith copies of the decision personally or by registered mail" ;f the
respondent summoned by publication failed to appear in the action, the dispositive
part of the decision shall be published once in a ne+spaper of general circulation"
0*1 #he decision becomes /nal upon the e3piration of /fteen days from notice to
the parties" !ntry of 7udgment shall be made if no motion for reconsideration or
ne+ trial, or appeal ;s /led by any of the parties the public prosecutor, or the
?olicitor @eneral"
041 Cpon the /nality of the decision, the court shall forth+ith issue the
corresponding decree if the parties have no properties"
;f the parties have properties, the court shall observe the procedure
prescribed in ?ection (& of this Rule"
#he entry of 7udgment shall be registered in the Civil Registry +here the
marriage +as recorded and ;n the Civil Registry +here the .amily Court'granting
the petition for declaration of absolute nullity or annulment of marriage is located"
S#c$%o& 20. !ppeal. -
(%) Pre$condition. - No appeal from the decision shall be allo+ed unless the
appellant has /led a motion for reconsideration or ne+ trial +ithin /fteen days
from notice of 7udgment"
(') (otice of appeal. - An aggrieved party or the ?olicitor @eneral may appeal from
the decision by /ling a Notice of Appeal +ithin /fteen days from notice of denial of
the motion for reconsideration or ne+ trial" #he appellant shall serve a copy of the
notice of appeal on the adverse parties"
S#c$%o& 21. -i.uidation& partition and distribution& custody& support of common
children and delivery of their presumptive iegltimes. - Cpon entry of the 7udgment
granting the petition, or, in case of appeal, upon receipt of the entry of 7udgment of
the appellate court granting the petition, the .amily Court, on motion of either
party, shall proceed +ith the li<uidation, partition and distribution of the
properties of the spouses, including custody, support of common children and
delivery of their presumptive legitimes pursuant to Articles ') and '& of the .amily
Code unless such matters had been ad7udicated in previous 7udicial proceedings"
S#c$%o& 22. Issuance of ,ecree of ,eclaration of !bsolute (ullity or !nnulment of
arriage./
0a1 #he court shall issue the Decree after6
0&1 Registration of the entry of 7udgment granting the petition for
declaration of nullity or annulment of marriage in the Civil Registry +here
the marriage +as celebrated and in the Civil Registry of the place +here the
.amily Court is located6
0(1 Registration of the approved partition and distribution of the properties
of the spouses, in the proper Register of Deeds +here the real properties are
located6 and
0*1 #he delivery of the children's presumptive legitimes in cash, property, or
sound securities"
0b1 #he court shall <uote in the Decree the dispositive portion of the 7udgment
entered and attach to the Decree the approved deed of partition"

!3cept in the case of children under Articles *2 and '* of the .amily Code,
the court shall order the Docal Civil Registrar to issue an amended birth certi/cate
indicating the ne+ civil status of the children a%ected"
S#c$%o& 23. 0egistration and publication of the decree1 decree as best evidence. :
0a1 #he prevailing party shall cause the registration of the Decree in the Civil
Registry +here the marriage +as registered, the Civil Registry of the place +here
the .amily Court is situated, and in the National Census and ?tatistics %ice" Ee
shall report td the court compliance +ith this re<uirement +ithin thirty days from
receipt of the copy of the Decree"
0b1 ;n case service of summons +as made by publication, the parties shall cause
the publication of the Decree once in a ne+spaper of general circulation"
0c1 #he registered Decree shall be the best evidence to prove the declaration of
absolute nullity or annulment of marriage and shall serve as notice to third persons
concerning the properties of petitioner and respondent as +ell as the properties or
presumptive legitimes delivered to their common children"
S#c$%o& 24. )*ect of death of a party1 duty of the 2amily Court or !ppellate Court.
:
0a1 ;n case a party dies at any stage of the proceedings before the entry of
7udgment, the court shall order the case closed and terminated, +ithout pre7udice
to the settlement of the estate in proper proceedings in the regular courts"
0b1 ;f the party dies after the entry of 7udgment of nullity or annulment, the
7udgment shall be binding upon the parties and their successors in interest in the
settlement of the estate in the regular courts"
S#c$%o& 2'. )*ectlvity. - #his Rule shall ta$e e%ect on March &', ())* follo+ing
its publication in a ne+spaper of general circulation not later than March ,, ())*"