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.
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 APPROVE the same.chan
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The Rule shall take
effect on March 15, 2003 following its publication in a newspaper of
general
circulation not later than March 7, 2003chan
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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
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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
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The Rules
of Court shall apply suppletorily.cralaw:red
Sec. 2. Petition
for declaration of absolute nullity of void marriages.cralaw:red
(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.cralaw:red
(c) Imprecriptibility
of action or defense. - An action or defense for the declaration of
absolute
nullity of void marriage shall not prescribe.cralaw:red
(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.cralaw:red
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
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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
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(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
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(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 cralaw:red
(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.cralaw:red
(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.cralaw:red
Sec. 5. Contents
and form of petition. - (1) The petition shall allege the complete
facts
constituting the cause of action.cralaw:red
(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
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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.cralaw:red
(3) It must be verified
and accompanied celebration of marriage. (b) Where to file. - The
petition
shall be filed in the Family Court.chan
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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.cralaw:red
Sec. 5. Contents
and form of petition. - (1) The petition shall allege the complete
facts
constituting the cause of action.chan
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(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
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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.cralaw:red
(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.cralaw:red
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.cralaw:red
(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.cralaw:red
Failure to comply
with any of the preceding requirements may be a ground for immediate
dismissal
of the petition.cralaw:red
Sec. 6. Summons.
- The service of summons shall be governed by Rule 14 of the Rules
of Court and by the following rules:chan
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(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.cralaw:red
(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.cralaw:red
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
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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.cralaw:red
(2) If the respondent
fails to file an answer, the court shall not declare him or her in
default.cralaw:red
(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.cralaw:red
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.cralaw:red
(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
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(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.cralaw:red
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.cralaw:red
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.cralaw:red
(2) Notice of pre-trial.
- (a) The notice of pre-trial shall contain:chanrobles virtual law library
(1) the date of pre-trial
conference; andchan
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(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.cralaw:red
(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
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(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.cralaw:red
Sec. 12. Contents
of pre-trial brief. - The pre-trial brief shall contain the following:chan
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(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
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(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 cralaw:red
(f) Such other matters
as the court may require.cralaw:red
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.cralaw:red
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.cralaw:red
(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
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Sec. 14. Pre-trial
conference. -At the pre-trial conference, the court:chanrobles virtual law library
(a) May refer the
issues to a mediator who shall assist the parties in reaching an
agreement
on matters not prohibited by law.cralaw:red
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.cralaw:red
(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.cralaw:red
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.cralaw:red
(b) Should the action
proceed to trial, the order shall contain a recital of the following:chan
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(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
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(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 cralaw:red
(5)
Schedule of the
presentation of evidence.cralaw:red
(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
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(d) The parties shall
not be allowed to raise issues or present witnesses and evidence other
than those stated in the pre-trial order.cralaw:red
The order shall control
the trial of the case, unless modified by the court to prevent manifest
injustice.chan
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(e) The parties shall
have five days from receipt of the pre-trial order to propose
corrections
or modifications.cralaw:red
Sec. 16. Prohibited
compromise. - The court-shall not allow compromise on prohibited
matters,
such as the following:chanrobles virtual law library
(a) The civil status
of persons;chan
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(b) The validity
of a marriage or of a legal separation;chan
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(c) Any ground for
legal separation;chan
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(d) Future support;
(e) The jurisdiction
of courts; and cralaw:red
(f) Future legitime.cralaw:red
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.cralaw:red
(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.cralaw:red
(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
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(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
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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.cralaw:red
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.cralaw:red
(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.cralaw:red
(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
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(4) Upon the finality
of the decision, the court shall forthwith issue the corresponding
decree
if the parties have no properties.cralaw:red
If the parties have
properties, the court shall observe the procedure prescribed in Section
21 of this Rule.cralaw:red
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
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Sec. 20.
Appeal.
-chan
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(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.cralaw:red
(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.cralaw:red
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.cralaw:red
Sec. 22. Issuance
of Decree of Declaration of Absolute Nullity or Annulment of Marriage."
(a) The court shall issue the Decree after:chan
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(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 cralaw:red
(3) The delivery
of the children's presumptive legitimes in cash, property, or sound
securities.cralaw:red
(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
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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.cralaw:red
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.cralaw:red
(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
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(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.cralaw:red
(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.cralaw:red
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
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