.

r
-:. .....

..

3Republic of tbe ~bilippines

$>ttpren1e QI:ourt
;iflilnniln

EN BANC

NOTICE
Sirs/Mesdames:

Please take notice that the Court en bane issued a Resolution

dated JANUARY 24, 2023, which reads as follows:

"A.M. No. 02-11-10-SC (Re: Rule on Declaration of Absolute

Nullity of Void Marriages and Annulment of Voidable Marriages) and A.M.
No. 02-11-11-SC (Re: Rule on Legal Separation). - Acting on the Letter
dated October 1, 2022 of Associate Justice Amy C. Lazaro-Javier,
Chairperson, Committee on Family Courts and Juvenile Concerns, the Court
Resolves to APPROVE the

I. 2023 Amended Guidelines to Validate · Compliance with the

Jurisdictional Requirements in Petitions for Declaration of
Absolute Nullity of Marriage and Annulment of Voidable Marriage
or Petitions for Legal Separation; and

II. 2023 Amendments to Section 4 of A.M. No. 02-11-10-SC (Rule on

Declaration of Absolute Nullity of Void Marriages and Annulment
of Voidable Marriages) and Section 2(c) of A.M. No. 02-11-11-SC
(Rule on Legal Separation),

as follows:

I.
'
2023 AMENDED GUIDELINES TO VALIDATE
COMPLIANCE WITH THE JURISDICTIONAL
REQUIREMENTS IN PETITIONS FOR DECLARATION
OF ABSOLUTE NULLITY OF MARRIAGE AND
ANNULMENT OF VOIDABLE MARRIAGE OR
PETITIONS FOR LEGAL SEPARATION

The Guidelines to Validate Compliance with the Jurisdictional

Requirements in Petitions for Declaration of Absolute Nullity of Marriage
and Annulment of Voidable Marriage or Petitions for Legal Separation is
amended as follows: /
Notice of Resolution -2- A.M. No. 02-11-10-SC '
January 24, 2023

(a) Contents and form of the petition. With reference to the

requirements of Section 5 of A.M. No. 02-11-10-SC and Section 2(b)
of A.M. No. 02-11-11-SC, petitioner shall state the complete address
of the parties in the petition {i.e., house number, street,
purok/village/subdivision, barangay, zone, town, city, and province):

(1) For this purpose; the petitioner shall attach the

following:

(a) sworn certification of residency (with house location

sketch) issued by the barangay;

(b) sworn statement of counsel of record stating that:

(i) after .a reasonable inquiry, he or she

has verified the authenticity of the
petitioner's proof of barangay
residency as mentioned in the
preceding paragraph 1 (a) showing that
the petitioner had been residing in the
barangay for at least six (6) months prior
to the- filing of the petition except when
the petitioner is residing abroad, or has
left the habitual residence which he or
she has established with the
respondentspouseforjustcause,such
as violence against his or her person or
their children, drug addiction or other
criminal activity, alcoholism, infidelity,
and failure to provide support, provided
the petitioner cites such reason/s in the
verification attached to the petition and
details the same in the petition; and

(ii) he or she has sufficiently explained to

the petitioner the rationale for the
residency requirement for purposes of
venue and the consequences of non-
compliance therewith.

(c) any but not limited - to the following supporting

documents:

(i) Utility bills in the name of the petitioner for at

least six (6) months prior to the filing of the
petition;
, Notice of Resolution -3 - A.M. No. 02-11-10-SC
January 24, 2023

(ii) Government-issued 1.0. or Company 1.0.,

bearing the photograph and address of the
petitioner and issued at least six (6) months prior
to the filing of the petition;

(iii) Notarized lease contract, if available, and/or

receipts for rental payments (bearing the address
of the petitioner) for at least six (6) months prior
to the filing of the petition; and

(iv) Transfer Certificate of Title, or Tax

Declaration, or Deed of Sale and the like, in the
name of the petitioner where he/she resides.

If the petition is filed without assistance of

counsel but a counsel subsequently enters his or her
appearance for the petitioner, · said counsel shall
submit, together with the formal entry of appearance,
the sworn statement required under the preceding
paragraph 1(b).

(2) if, for just cause, such as violence against his or

her person or their children, drug addiction or other
criminal activity, alcoholism, infidelity, and failure to
provide support, the petitioner spouse has left the habitual
residence which he or she has established with the
respondent spouse, the petitioner spouse shall also be
exempt from submitting the documents enumerated under
paragraphs 1(a), (b), and (c), provided he or she cites such
reason/s in the verification attached to the petition and
details the same in the petition.

(3) If both parties to the

petition are residing abroad
for employment, business, education, or any other
purpose, the following documents shall be attached to the
petition, in lieu of those enumerated in the preceding
paragraphs 1(a), (b), and (c):

(a) a sworn certification from the appropriate

Philippine Consulate that petitioner is temporarily
residing abroad for employment, business,
education, or any other purpose;

(b) any sufficient proof of the habitual place of

residence of any of the parties or the place where
they last resided as husband and wife: and J
Notice of Resolution -4- A.M. No. 02-11-10-SC
January 24, 2023

(c) a sworn statement of counsel of record stating

that, he or she has sufficiently explained to the
petitioner the rationale for the residency
requirement for purposes of venue and the
consequences of non-compliance therewith.

(b) Collusion investigation. In cases where the public prosecutor is

directed to investigate whether collusion exists between the parties,
the court shall additionally order the public prosecutor to include in the
collusion investiqation report a determination of the party's residence.

(c) Dismissal of the petition. for alleging a false address or falsely

claiming the exemption from the residency requirement. At any
stage of the procee_dings where it appears that the address alleged in
the verified - petition is - false or where it appears from the registry
return/s that either party is unknown at the given address, or that the
reason/s cited in the veriflcatlon for exemption is/are proven
false, the court shall. after notice and hearing, dismiss the petition and
require the counsel qf record to show cause why no appropriate
sanctions should 'be imposed on him/her for submitting a false affidavit
of verification. · - -

(d) Dismissal of the petition, without prejudice, for failure to prove

residency. Failure or
the petitioner to comply with the residency
requirement shall be a ground for the immediate dismissal of the
petition, without prejudice to the· refiling of the petition in the proper
venue.

(e) Dismissal due to non-service of summons, not actual

residence. If the petition is filed at the respondent's place of
residence and summons could not be served for the reason that the
respondent is not actually residing at the given address, the petition
shall be dismissed.

(f) Sanctions. Officials, parties or representatives who submit a false

certification or document shall be held liable for indirect contempt,
without prejudice to criminal and/or administrative liabilities.

These guidelines shall be applied prospectively.

[amendments in bold]

II.

2023 AMENDMENTS TO SECTION 4 OF A.M. No. 02-11-

10-SC (RULE ON DECLARATION OF ABSOLUTE
NULLITY OF VOID MARRIAGES ANll ANNULMENT ~
., Notice of Resolution -5- A.M. No. 02-11-10-SC
January 24, 2023

OF VOIDABLE MARRIAGES) AND SECTION 2(C) OF

A.M. No. 02-11-11-SC (RULE ON LEGAL SEPARATION)

Section 4 of A.M. No. 02-11-10-SC (Rule on Declaration of Absolute

Nullity of Void Marriages and Annulment of Voidable Marriages) is further
amended as follows:

Section 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 (6) 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.

If both the petitioner and the respondent are residing

abroad for employment, business, education or any other
purpose, the petition shall be filed in the Family Court:

(a) in the habitual residence of either party, at the election

of the petitioner; or

(b) in the place where the petitioner and respondent last

resided as husband and wife in the Philippines.

If only the petitioner is residing abroad, the venue should

be the place of residence of the respondent in the Philippines.

[amendments in bold]

and Section 2(c) of A.M. No. 02-11-11-SC (Rule on Legal Separation) is

further amended as follows:

Section 2. Petition

xxx

(c) 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 (6) 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.

If both the petitioner and the respondent are residing

abroad for employment, business, education or any other
purpose, the petition shall be flied in the Family Court:

(i) in the habitual residence of either party, at the election

of the petitioner; or , _ J
Notice of Resolution -6- A.M. No. 02-11-10-SC .
January 24, 2023

(ii) in the place where the petitioner and respondent last

resided as husband and wife in the Philippines.

If only the petitioner is residing abroad, the venue should

be the place of residence of the respondent in the Philippines.

[amendments in bold]

The foregoing amendments shall take effect immediately." Rosario,

J., on official leave. (5)

By authority of the Court:

(J:J-r~·-1._ ~~
MARIFE-M.;:~mAci;tuEv As
Clerk oi'"C:ourtti.,,,
Notice of Resolution -7- AM. Nos. 02-11-10-SC & 02-11-11-SC
January 24, 2023 l

HON. AMY C. LAZARO-JAVIER (x) Court Administrator

Associate Justice and Chairperson *HON. RAUL B. VILLANUEVA (x)
Committee on Family Courts and Juvenile Concerns Deputy Court Administrators
Supreme Court HON. JENNY LIND R. ALDECOA-DELORINQ (x)
HON. LEO T. MADRAZO (x)
PUBLIC INFORMATION OFFICE (x) Assistant Court Administrators
Supreme Court HON. LILIAN BARRIBAL-CO (x)
HON. MARIA REGINAADORACION
FILOMENA M. IGNACIO (x)
Supreme Court

ATTY. MARILOU M. ANIGAN (x)

Chief, Court Management Office
A.M. Nos. 02-11-10-SC & 02-11-11-SC Office of the Court Administrator, Supreme Court
sarah 012423 (URes5) 030823
ATTY. BURT M. ESTRADA (x)
National President
Integrated Bar of the Philippines
15 Dona Julia Vargas Avenue
Ortigas Center, Pasig City 1600

*For circu/arization