SPECIAL PROCEEDINGS
Remedial Law
Issuance of the Decree: The court shall issue
a Decree of Reconciliation and specifying the
regime of property ,elations of the ·spouses
whether the former is revived or a new one is
chosen (A veritied motion for revival of regime of
property relations or the adoption of another
regime must be filed in the same proceeding for
the approval of the court and should the same
be approved, the spouses shnll m11,;(l the
publlcJliu11 uf such verified petition tor 2
consecutive weeks in a newspaper of.general
circulation).
3. If Reconciliation occurred after the Issuance
of the Decree: The court. upon proper motion
shall issue a Decree of Reconciliation but the
separation of property and any forfeiture of the
share of the guilty spouse already effected
subsists unless \he spouses agreed to revive
their former regime or adopt a new one (Sec.
23).
NOTE: In case of 1, 2, and 3, if tbe reconciled
spouses chose to adopt a regime of prQP.erty
relations different from that which they haq ptior to
the filing of the petition for l~al sep_aratiorJ, the
spouses shall comply with Sec. 24 hereof. ,
Revival of Property RegilJMI • or Adoption of
another .Regime
1-. In case of reconciliation under.Sec 23,,par. {c),
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;.
2. The agreement which shall· be verified·-shaff
specify the following:
a. The properties lo be contributed to the
restored or new regime;
b. Those lo be r~tained as separate properties
of each spouse; and
c. The names of all their known creditors. their
oddrt.'ll~es, ~nd the amounts owing to ecich.
3. The creditors shall be furnished with copies of
the motion and the agreement;
4. The court shall require the spouses lo cause the
publication of their verified motion for 2
consecutive weeks in a newspaper of general
circulation; and
5. After due hearing, and the court decides to
grant the motion, ii shall issue an order directing
the parties to record the order in the ·proper
registri~s of property within 30 days from
receipt of a -copy of the order and submit proof
of compliance w1thJO the same period (Sec. 24).
·RULE ON DECLARATION
OF ABSOLUTE NULLITY
AND ANNULMENT OF
VOIDABLE MARRIAGES
(A.M. 02-11-10-SC
Marcil 15_, 200:J.)
Scope
This Rule shall govern the 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 (Sec. 1).
Pe~itlonJor the Declaration of Absolute Nullity of
V~id _Marriages
wiio n>ay rn~·-.,
It is-ftle~·so~iy by:i~e husband or the wife.
EXCEPTIONS:.
1. Nullity of fll/:lrriage'cases commenced before the
effec;tivity or, ~.lvt No. 02-11-10-SC (March 15,
2003): and . .•
2. Marriages celebrat~ during the.effectlvity of the
Civil Code. •
No_te:'· The Rufe ~es·· not apply to cases already
comme·nced_,before March 15, 2003 alihough the
mc1rriage miiolved is within the coverage of the
Family Code. This ·is so, as the new Rule which
bec;ame effective "on March 15, 2003 is prospective
In, its apP,licalion. .
The i~nbv~tion incorporated in A.M. No. 02-11-10-
SC sets forth a demarcation between marriages
covered by the Family Code and those solemnized
under the Civil Code. The Rule extends only to
marriages entered into during the effeclivity of the
Family Code which took effect on August 3, 1988.
The Rule on Declaration of Absolute Nullity ·of Void
Marriages ;met Annulment of Voidable Marriages
does not apply in a. petition to recognize a foreign
1udgment relating to the status of a marriage where
one of the parties is a citizen or a foreign country.
Moreover, in Ju/iano-Llave v. Republic, the Court
hetd that the rule in A.M. No. 02-11-t0-SC that only
the husband or wife can file a declaration of nuMity or
annulment of _marriage "does not apply if the reason
behind the petition is bigamy".(Fujiki v. Marinay, G.R.
No. 196049, June 26, 2013).

Where to file
The petition shall be filed in the Family Court. (Sec.
2 (b)).
lmprescrlptlbllity of Action or Defense
An action or defense for the declaration of absolute
nullity of void marriage shall NOT prescribe (Sec. 2
(c)).
What to Allege
The petitio1_1 shall allege the complete facts showing
either or both parties were psychologically
incapacitated from complying with essential marital
obligations al the- lime of celebration of marriage
even if incapacity becomes manifest only after the
celebration.
The complete facts should allege the physical
manifestations. if any, as are indicative • of
psychological incapacity at the time of celebration of
the marriage. Expert opinion need not be alleged
(Sec. 2 (d)).
Petition for annulment of voidable marriage
Who may file: (CSF Ul S)2 2 fi· ,
1. The ~ontracting party whose parent, . or . • 1/.;,-.?t,?;/~Jlll!l-,~eement. the petitioner may apply for
guardian. or person exercising substitute
parental authority did not give his or her consent,
within five (5) years after attaining the age of
majority. unless such party freely coti:abitaled
with the other as husband or wife; or ttie parent,
guardian or person having .custody, tit any time
before the party reach the age of majority;
2. • The .§ane spouse who had no knowledge of the
other's insanity: or by any relative, guardian, of·
person having custody of the insane. at any time
before the death of either party: or by the insane
spouse during the lucid interval or after gaining
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 (5) years after the discovery
of the fraud, provided that the party, with full
knowledgP of the (acts constituting fraud, has
not freely cohabited with the other as husband
or wife;
4. The injured party whose consenl was obtained
by Eorce, Y.ndue influence, or !ntimidation within
(5) years from the time the force, intimidation, or
undue influence disappeared or ceased, and the
party has not freely cohabited with the other as
husband or wile after the disappearance of
fraud, intimidation, or undue innuence;
5. The injured party where the other spouse is
physically !ncapable of consummating the
marriage with the other and such incapability
continues and appears to be incurable. within (5)
years after the celebration of m,irriage; ancl
689
6. The injured party where the other was afflicted
with a .§.exually-transmissible disease found to
be serious and appears to be incurable, within 5
years after the celebration of the marriage (Sec.
3).
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 6 months
prior to the dale of filing.
In case of non-resident respondent, where he may
be found in the Philippines, at the election of the
petitioner (Sec. 4).
2
Contents and Form of the Petition:_ (C -VA-6)
1. The petition shall allege the ~omplete facls
constituting the cause of action;
2. State the names and ages of the g_ommon
• children of the parties and specify the regime
governing t~eir property relations. as well as the
properties involved;
,J.,~i,:.
NOTE: !f,there is no adequate provision in the
'· . a p~Johal order: (SCAVO)
._. a. .§po!,i"'~'4I support;
b. Thi;i" .&,ustody and· support of common
children··:
c. Admi~istriitio n of community or conjugal
property; !
d:, .:¥Jii_!ii,~~~!Qhts; and/or
e. QlhEit:matters similarly requiring urgent
action. •
; :,t~.0~.tirt-,!I.. application must be Yerified and
·,•v.•,.,,,--~82on\-panied by a certification against non--
forum shopping; and
NOTE: If the petitioner is in a foreign counlry.
the verification and certification against forum
shopping shall be authenticated by a duly
authorized officer or the Philippine Embassy or
legation.
4. It shall be signed in six W copies.
Servico
The petitioner shall serve a copy of lhe pelition on
the Office of the Solicitor General and the Office of
the City or Provincial Prosecutor, within five (5) days
from the date or filing and submit to the court proof
of service.
Failure to comply with the requiremenls may be a
ground for immediate dismissal or the case (Sec. 5).
Summons
The service of summons shall be governed by Rule
14 or the Rules of Court and by lhe following rules:

Where the respondent cannot be located at his
given address or his whereabouts are unknown
and cannot be ascertained by diligent inquiry
Thtt i:;11rvicc of :,ummons may. by l1:1avH ol cJM1rl. be
effected upon him by publication once a week for two
consecutive weeks in a newspaper of general
circulation in the Philippines ;:inrl in such places as
the court may orde1 (Sec. 6).
A r.opy of the summons sh<1U al<::o bo served on tho
respondent at his last known address by registerei.J
mail or any other means the court may deem
suffioonl (lu.).
Contents of the pullli::1hec.l summons {TD•Nt'U)
1. Title of the case;
2. Qocket number;
3. Nature of the petition: .
4. frincipal grounds of the petition and the reliefs
prayed for; and
5. A Qirective for-the respondent to ;mswer within
30 days from the last issue of publication (Sec. •
6).
Motion to Dismiss . , r
No motion to dismiss the petition· shall be allowed
except on the ground of lack of jurisdiction over ttJ1i°
subject matter or over the parties. .
Other ground that n1ay wam11.1Hhe dismjssal may be
raised as an affirmative defense in .an answer (Sec.
7).
Answer
1. The respondent shall file ~1is answer within 15
days from service of summons, or within 30 cfays
from the last pub.lication. It musl be verified by
the respondent himself.
2. If the respondent fails to file an answer, he will
not be declared in default.
3. If no answer was filed or if the aoswer does not
tender an issue, the court shall order the public
prosecutor to irivestigale whether collusion
exists between the parties (Sec. 8).
Investigation Report of Public Prosecutor:
1. The public prosecutor shall submit within 1
month after -the receipt or the order. a report
stating whether a collusion exists between the
parties, he shall also serve copies to the parties
and.counsels;
2. If collusion exisls, the public prosecutor shall
stale such facl .on the report within 1.0 days from
receipt of a copy ol a report. The court shall set
the report for hearing and ii coDvinced of the
coll_usion, the petition shall be dismissed; and
SPECIAL PROCEEDINGS
• Rt:miedial Law
3. If there is no collusion, the court shall set the
case tor pre-trial (Sec. 9).
Social Worker
I he .court moy require a social worker to t:0mJuct a
case study anrl !,llbmit the corresponding report ol
least 3 days before pre-trial.
The court may also require a case study at any stage
of the case whAmwe.r necessary (Soc. 10).
Pre-Trial
It is mandatory. On motion or motu proprio, lhe c:n11rt
shall set the pre-trial after the last" pleading has been
served and filed, or upon receipt of the report that
there is no collusion (Sec. 11).
Notice of Pre-trial
1. Contents:
. a. Date of pre-trial conference;
b. • 'An order directing the ·parties to file and
sei\te pre-trial briefs at least 3 days before
t11e pre-trial; •
2. Notice shall,~ served separall~ly uu the parties
AND· counsels as well as on the public
prosecutor:·and •
3. Sent to the respondent even if he fails·to file an
answer (Id.). •
I
Contents of Pr~•Trla\ Brief: {ACO-FEW)
1. A statement of willingness of the parties lo enter
Jnto .. Agreements as may be allowed by law,
indicating the de~red terms;
2. A "£oncise state~nt of their respective .claims
togfither with ·the applicable laws and
authorities: • •
3. Such Qlhet rnat.ters as the court moy require;
4. Admitted facts and proposed stipulations of
facts, as well as the disputed factual and legal
Issues:
5. All the §vidence to be resented, including expert
opinion, briefly staling or. describing the nature
and purpose thereof; and
6. The number and names of the Witnesses and
their respective afftdc!vits. -
Failure to file a pre-trial brief or to comply with the
required contents shall have the same effect as
failure to appear at the pre-trial (Sec. 12).
Effect of failure to appear personally at Pre-Trial
If the petitioner falls to appear personally, the case
shall be dismissed •unless his counsel or· a duly
aulhorized representative appears and proves a
valid excuse for the non-appearance of the petitioner
(Sec. 13(a)).
If the resppndenl has filed his answer bul fails to
appear. the court shall pmceed with pre-trial and
require the public prosecutor to investigate the non-
 - MEM-Q~Y AID
S., -
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...,_olty <:doge ol l - • AOCT !I. 0,-lons C_,
appearance and submit a report within (15) days
(Sec. 13(b)}.
Report in case of Non-appearance
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. 13(b)).
Pre-Trial Conference
At the pre-trial conference, the court:
1. 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 1
month from referral, which may only be
extended for a period of another 1 month for
good r-easons shown.
2. In case mediation is not availed of or if it fa~s.
the court shall proceed with the pre-trial"
conference. The court shall consider expert
testimonies· and other matters that may aid .
prompt disposition of the case (Sec. 14).
Pre-Trial Order
The pre-trial order shall recite in detail:.·.
1. The' matters taken up in the conference;
2. The action taken thereon;
3. The amendments allowed on the pleadings; and
4. The agreements or admission roade by the
parties on any matters considered, including any
provisional order that may be necessary or
agreed upon by the parties- (Sec. 1S{a)).
Contents of the.Pre-trial Order:
The.order shall contain a recital of the following;
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 litii:iated;
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 ol evidence (Sec.
15(b)).
The pre-trial order shall also contain a directive to
the public prosecutor to appear for the StatP. and
iake steps to prevent collusion between parties at
any stage of the proceedings and fabrication or
suppression of evidence during the trial on the merits
(Sec. 15(c)).
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The parties shaM not be allowed to raise issues or
present witnesses and evidence other than those
0
0
stated in the pre-trial order (Sec. 15(d)).
The parties shall have 5 days from receipt of the pre-
a:
Q.
trial order to propose corrections or modiftcations
..I
(Sec. 15(e)).
:$
Prohibited Compromise: (CVaL2-SJ) 0
The court shall not allow compromise on prohibited
w
0.
matters, such as the following: u,
1. The £ivil status of persons;
2. The Validity of a marriage or of a legal
separation;
3. Any ground for !:egal separation;
4. Future !:egitime;
5. Future §upport; and
6. The Jurisdiction of courts (Sec. 16).
Trial
1. The presiding judge shall personally conduct the
trial. I-Jo delegation of the reception of evidence
to the commissi_oner shall be allowed except.as
to matters involving property r~lations of the
spouses.
2 ... The grou!)ds for declaration of absolute nullity of
:,._. '.wmulme_n.t of marriage must be proved.
NOTE: No'judgment on the pleadings, summary
judgment;_ or confession of judgment shall be
allowed.
3 The.-"Court may order the exclusion from the
coui'trpocJ\of,aJI _persons including members or
the press) who do not have direct interest in the
case.
4.... No copy shall be taken nor any ex,imination or
.·'. ·:peNsal of the records of the case or parts may
• be made by any person other than the party or
counsel, except by order of the court (Sec. -17).
Memoranda
The court may require the parties and the public
prosecutor to file their respective memoranda fin]
support of their claims within 15 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. the case shall be
considered as submitted for decision, with or without
memoranda (Sec. 18).
Decision
1. If the courl grants the petition, it shaH declare
that the decree of absolute nuliily or decree of
annulment shaH be issued by the court only after
compliance with Article 50 and 51 of the Family
Code.
2. The parties shall be served with copies of the
decision personally or by registered mail. If the
respondent is summoned by publication, the
dispositive portion of the decision shall be
 SPECIAL PROCEEDINGS
Remedial Law
published once in a newspaper of general
circulation. The court shall q110IP. in thf.! Decree the dispositive
3. The decision becomes final upon the expiration portion of the judgment entered and attach. to the
or 15 days from notice to parties. Entry of Decreed the approved deed of pllrtilion (Sec. 22).
Judgment shall be made if no motion for
rer.onsideratlon or n~w trial, or appeal is filed by NOTE: Except in the co~e of d1itu1e11 under Art. 36
any of the pMi.es. and 53 of the Family Code, the court shall order the
4. Upon the finality of the decision, the court shall Local Civil Registrar to issue an amended birth
issue the decree if parties have no properties. II certificate int1ir,ati119 the new status of the children
they have properties, they have to observe the affected.
procedure in Section 21 or this Rule.
Registration and Publication of the Decree
The entry of judgment shall be registered In the Civil The prevailing party shall cause the registration of
Registry where the marriage was recorded and in the Decree in the Civil Registry where the marriage
the CivH Registry where the Family Court granting was registered, the Civil Registry where the Family
the petition is located (Sec. 19). Court granting the petition is located. and in the
National Census and Statistics Office (now
Appea l Philippine ~tatistics Authority).
Pre-condition: No appeal from the decision shall be
allowed unless·the appellant has filed a molion.Jor • A report within (30) days from receipt of the copy of
reconsideration or new trial within 15 ~ys "ti-om the; Decree must be made by the prevailing party
(Sec. 23(a)).
notice of judgment. ,., • •....
;/ "•• • v• Put,licatlon·of-the Decre e, when necessary
Notice of appeal: An aggrieved P,,Seypr. the.Stilicit~~
General may appeal from the,..d~ci~19f'!16y ,filing a
. In service- of summons was made by
pliblica!ion;:the ~rties shall cause the publication of
Notice of Appeal within 15 day!i" fr9"' 1'¥)tlce of
the Decree . ol'\ce in • a newspaper of general
denia l of the motio n for rec::onsii:teratlon or new
circulation (Sec, _23(b)).
trial. The appellant shall s~e. a CA!ipy of!notlce of
appeal on the adverse party (Sec.' ?OJ. Bei.t AVidence to prove the doclaration of
' t t absolute nullity. or annul ment of marria ge
Liquid ation, Partiti on and·-:olattl~utio_n, ,Cu11tody,
llle registered Decree shall be the best evidence to
Suppo rt of Comm on Chtidren- and\ Delrvery of prove the· declaration of absolute nullity or
their Presumptive Legltlme . ., ';\ \,·.:.'·· ·, annutn:i,ent·of mai'tlage_iand shall serve as notice to
Upon the entry of judgment 'gJnti09. the'-pelitiofl or
thir.d· persons concerni_i'lg the properties of petitioner
in case of appeal. upon receipt of: the entry of
and respondent as well as the properties or
judgment of the appellate courtgrantino,the petition, presumptive legltirne delivered to their common
the Family Court. on motion of,..elther pai:ty, shall chllclren .(Sec. 23(c)).
proceed with the liquidation partition and di_stributlon
of the properties of lhe spouses including C:Ustody, Effect of Death of a Party: In case a party dies at
cupport of common chilu11:111 c11KJ tlulliiery ·of their
a11y :sl~•· of the proceedings before the entry of
presumptive legitimes pursuant to Articles so· and 51
judgment the court shall order the case closed and
of the Family Code unless such matters had been terminated. without prejudice to the settlement of the
adjudicated in previous judicial proceedings(Sec. estate in proper proceedings in regular courts.
21).
If the party die:1 after the Judgment ot nullity or
Issuan ce of Decree of Decla ratlon of Nullity or annulment, the judgment shall b.e binding upon the
Annul ment of Marriage: parties and their successors in interest in the
The court shall Issue the Decree AFTER: settlement of the estate (Sec. 24).
1. Registration of the entry of judgment granting
the petition for declaration of nullity of marriage
of annulment of marriage in the Civil Registry
where the marriage was ce~brated and in the
Civil Registry 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
legitime in cash,,property, o, sound securities.