Persons August 8, 2012

Procedure in Annulment and in Declaration of Nullity Cases complaint for annulment or declaration of nullity defendant is given 15 days from receipt of summons to file an answer if the defendant fails to answer, the court shall order the prosecuting attorney to investigate whether or not a collusion between the parties exist, and if there is no collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated

Role of Fiscal or Solicitor General1. Make sure that there is no collusion2. Make sure that evidence is not fabricated3. Defend a valid marriage4. Expose an invalid marriage

Collusion corrupt agreement relying on a ground that is false

Pre-trial - Parties stipulate the facts admitted by both parties no more evidence admission by both parties made in court agreeing to the existence of the act constituting the ground for annulment or for the declaration of nullity of the marriage.- Confession of judgment is the admission in court by the respondent or defendant admitting the fault as invoked by the plaintiff to sever the marriage ties.

RULES ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES

Salient features:1. Only husband or wife can file declaration of nullity of marriage actions in rem relations between the said parties, or their marriage tie others have no legal right to file the petition state to preserve marriage a void marriage can still be collaterally attacked by anyone, who could show interest in the marriage, in any other proceeding other than in a nullity of marriage action, by using any evidence other than good faith and bad faith are immaterial in determining of the marriage is null and void. (non-application of unclean hands doctrine)

2. Imprescriptibility anytime; no statute of limitation new rules however has qualified the concept a case of nullity of marriage cannot anymore be filed after the death of any one of the spouse

3. Allegations on psychological incapacity complete facts of manifestations and indicators only those that are relevant no suppression of facts existed at the time or prior to the marriage ceremony expert opinion need not be alleged determine during pre-trial they can be presented and testify on their finding but the judge is not bound by their findings judge must always decide on the basis of the totality of the case

4. Venue 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 to prevent the petitioner from harassing the respondent by filing the petition at a venue most inconvenient to the respondent

5. Submission of pleading to OSG and fiscal six copies of the petition shall be made

6. Summons by publication newspaper of general circulation has a bona fide subscription list of paying subscribers, is published at regular intervals no fixed number of subscribers is necessary no requirement that the newspaper is daily

7. Motion to dismiss8. Social worker9. Investigation for collusion

Process:1. Pre-trial Brief2. Pre-trial3. Pre-trial Order4. Trial5. Memoranda6. Decision7. Entry of Judgment8. Decree of Nullity or Annulment9. Procedure for Appeal