Marriage (Declaration of Absolute Nullity and Annulment of Voidable Marraiges

RULE ON DECLARATION OF
ABSOLUTE NULLITY OF VOID

MARIAGES 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.
• The Rules of Court shall apply suppletorily.
Declaration of absolute nullity of void Petition for annulment of voidable
marriages marriages
• Solely by the husband or the wife • Section 3
• Family Court • Family Court
• Imprescriptibility of action or • Usually five years from the time of
defense the occurrence of the cause
• complete facts showing the either • cause of action; names and ages of
or both parties were the common children of the parties
psychologically incapacitated from
complying with the essential and specify the regime governing
marital obligations of marriages at their property relations, as well as
the time of the celebration of the properties involved; verified
marriage even if such incapacity and accompanied by a certification
becomes manifest only after its against forum shopping; filed in six
celebration. copies.
• Section 3. Petition for annulment of voidable marriages. -
• (a) Who may file-
• (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
cohabitated 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;
• (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 the 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.
Section 4. Venue.
• Section 6. Summons. –
• 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.
• shall contained 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.
• Section 7. Motion to dismiss.
Any other ground that might warrant a dismissal of the case may be
raised as an affirmative defense in an answer.
• Section 8. 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.

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RULE ON DECLARATION OF

ABSOLUTE NULLITY OF VOID

• (3) The injured party whose consent was obtained by fraud,

• shall contained the following data:

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