TOPIC Nature & Basis When Filed What is Filed

AM No. 02-11- In rem proceeding, Imprescriptible 1. VOID: Petition for

10-SC: Rule on finds basis in Family declaration of
Declaration of Code nullity of void
Nullity of Void marriage
Marriages &
Annulment of 2. VOIDABLE:
Voidable Petition for
Marriages annulment of
voidable marriage
 Who May File Jurisidction Venue Contents of Petition

1. VOID: Only the RTC as acting as 1. If resident: Family (1) The petition shall
husband or the wife Family Court Court where the allege the complete
respondent has facts constituting the
2. VOIDABLE (FC 45): been residing for at cause of action.
1) The contracting least 6 months prior
party whose parent, to the date of filing.
(2) it shall state the
or guardian, or names and ages of
person exercising 2. If non-resident: the common children
substitute parental Where the of the parties and
authority did not give respondent may be specify the regime
his or her consent, found, at the governing their
within five years after election of the property relations, as
attaining the age of petitioner. well as the properties
twenty-one unless, involved.
after attaining the age - If there is no
of twenty-one, such adequate provision in
party freely a written agreement
cohabitated with the between the parties,
other as husband or the petitioner may
wife; or the parent, apply for a provisional
guardian or person order for spousal
having legal charge of support, custody and
the contracting party , support of common
at any time before children, visitation
such party has rights, administration
reached the age of of community or
twenty-one; conjugal property,
(2) The sane spouse and other matters
who had no similarly requiring
knowledge of the urgent action.
other's insanity; or by
any relative, guardian, (3) it must be verified
or person having legal and accompanied by
charge of the insane, a certification against
at any time before the forum shopping. The
death of either party; verification and
or by the insane certification must be
spouse during the a signed personally by
lucid interval or after me petitioner. No
regaining sanity, petition may be filed
provided that the solely by counsel or
petitioner , after through an attorney-
coming to reason, has in-fact.
not freely cohabited - If the petitioner is in
with the other as a foreign country, the
husband or wife; verification and
(3) The injured party certification against
whose consent was forum shopping shall
obtained by fraud, be authenticated by
within five years after the duly authorized
the discovery of the officer of the
fraud, provided that Philippine embassy or
said party, with full legation, consul
knowledge of the general, consul or
facts constituting the vice-consul or
fraud, has not freely consular agent in said
cohabited with the country.
 Summons MTD/Answer Investigation Pre-Trial

Governed by Rule 1. No motion to dismiss 1. Public prosecutor: (1) Pre-trial is

14: the petition shall be (1) Within one mandatory. On
allowed except on the month after receipt motion or motu
(1) Where the ground of lack of of the court order proprio, the court
respondent cannot jurisdiction over the mentioned in shall set the pre-
be located at his subject matter or over paragraph (3) of trial after the last
given address or his the parties; provided, Section 8 above, the pleading has been
whereabouts are however, that any other public prosecutor served and filed, or
unknown and ground that might shall submit a report upon receipt of the
cannot be warrant a dismissal of to the court stating report of the public
ascertained by the case may be raised whether the parties prosecutor that no
diligent inquiry, as an affirmative are in collusion and collusion exists
service of summons defense in an answer. serve copies thereof between the
may, by leave of on the parties and parties.
court, be effected 2. Answer: (1) The their respective
upon him by respondent shall file his counsels, if any. Failure to attend
publication once a answer within fifteen pre-trial:
week for two days from service of (2) If the public a. If the petitioner
consecutive weeks summons, or within prosecutor finds fails to appear
in a newspaper of thirty days from the last that collusion exists, personally, the case
general circulation issue of publication in he shall state the on shall be dismissed
in the Philippines case of service of the finding of unless his counsel
and in such places summons by collusion within ten or a duly
as the court may publication. The answer days from receipt of authorized
order In addition, a must be verified by the a copy of a report representative
copy of the respondent himself and The court shall set appears in court
summons shall be not by counsel or the report for and proves a valid
served on the attorney-in-fact. hearing and If excuse for the non-
respondent at his convinced that the appearance of the
last known address (2) If the respondent parties are in petitioner.
by registered mail or fails to file an answer, collusion, it shall b. If the respondent
any other means the the court shall not dismiss the petition. has filed his answer
court may deem declare him or her in but fails to appear,
sufficient. default. (3) If the public the court shall
prosecutor reports proceed with the
(2) The summons to (3) Where no answer is that no collusion pre-trial and
be published shall filed or if the answer exists, the court require the public
be contained in an does not tender an shall set the case for prosecutor to
order of the court issue, the court shall pre-trial. It shall be investigate the non-
with the following order the public the duty of the appearance of the
data: (a) title of the prosecutor to public prosecutor to respondent and
case; (b) docket investigate whether appear for the State submit within
number; (c) nature collusion exists between at the pre-trial. fifteen days
of the petition; (d) the parties. thereafter a report
principal grounds of 2. Social Worker: to the court stating
the petition and the The court may whether his non-
reliefs prayed for; require a social appearance is due
and (e) a directive worker to conduct a to any collusion
for the respondent case study and between the
to answer within submit the parties. If there Is
thirty days from the corresponding no collusion, the
last issue of report at least three court shall require
publication. days before the pre- the public
trial. The court may prosecutor to
also require a case intervene for the
study at any stage of State during the
the case whenever trial on the merits
 Prohibited
Compromise

Trial Decision Appeal

(a) The civil status of (1) The presiding (1) If the court (1) Pre-condition. -
persons; judge shall renders a decision No appeal from the
personally conduct granting the decision shall be
(b) The validity of a the trial of the case. petition, it shall allowed unless the
marriage or of a No delegation of the declare therein that appellant has filed a
legal separation; reception of the decree of motion for
evidence to a absolute nullity or reconsideration or
(c) Any ground for commissioner shall decree of new trial within
legal separation; be allowed except as annulment shall be fifteen days from
to matters involving issued by the court notice of judgment.
(d) Future support; property relations of only after
the spouses. compliance with (2) Notice of
(e) The jurisdiction Article 50 and 51 of appeal. - An
of courts; and (2) The grounds for the Family Code as aggrieved party or
declaration of implemented under the Solicitor
(f) Future legitime. absolute nullity or the Rule on General may appeal
annulment of Liquidation, from the decision
marriage must be Partition and by filing a Notice of
proved. No Distribution of Appeal within
judgment on the Properties. fifteen days from
pleadings, summary notice of denial of
judgment, or (2) The parties, the motion for
confession of including the reconsideration or
judgment shall be Solicitor General new trial. The
allowed. and the public appellant shall
prosecutor, shall be serve a copy of the
(3) The court may served with copies notice of appeal on
order the exclusion of the decision the adverse parties.
from the courtroom personally or by
of all persons, registered mail. If
including members the respondent
of the press, who do summoned by
not have a direct publication failed to
interest in the case. appear in the action,
Such an order may the dispositive part
be made if the court of the decision shall
determines on the be published once in
record that requiring a newspaper of
a party to testify in general circulation.
open court would
not enhance the (3) The decision
ascertainment of becomes final upon
truth; would cause the expiration of
to the party fifteen days from
psychological harm notice to the
or inability to parties. Entry of
effectively judgment shall be
communicate due to made if no motion
embarrassment, for reconsideration
fear, or timidity; or new trial, or
would violate the appeal Is filed by
right of a party to any of the parties
privacy; or would be the public
offensive to decency prosecutor, or the
or public morals. Solicitor General.

(4) No copy shall be (4) Upon the finality

 Registration and
Effects Decree Publication
Upon entry of the (a) The court shall (a) The prevailing party
judgment granting issue the Decree shall cause the
the petition, or, in after; registration of the
case of appeal, Decree in the Civil
upon receipt of the (1) Registration of Registry where the
entry of judgment the entry of marriage was
of the appellate judgment granting registered, the Civil
court granting the the petition for Registry of the place
petition, the Family declaration of nullity where the Family Court
Court, on motion of or annulment of is situated, and in the
either party, shall marriage in the Civil National Census and
proceed with the Registry where the Statistics Office. He
liquidation, marriage was shall report td the court
partition and celebrated and in the compliance with this
distribution of the Civil Registry of the requirement within
properties of the place where the thirty days from receipt
spouses, including Family Court is of the copy of the
custody, support of located; Decree.
common children
and delivery of their (2) Registration of (b) In case service of
presumptive the approved summons was made by
legitimes pursuant partition and publication, the parties
to Articles 50 and distribution of the shall cause the
51 of the Family properties of the publication of the
Code unless such spouses, in the Decree once in a
matters had been proper Register of newspaper of general
adjudicated in Deeds where the real circulation.
previous judicial properties are
proceedings. located; and (c) The registered
Decree shall be the
(3) The delivery of best evidence to prove
the children's the declaration of
presumptive absolute nullity or
legitimes in cash, annulment of marriage
property, or sound and shall serve as
securities. notice to third persons
concerning the
(b) The court shall properties of petitioner
quote in the Decree and respondent as well
the dispositive as the properties or
portion of the presumptive legitimes
judgment entered delivered to their
and attach to the common children.
Decree the approved
deed of partition.

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