SC amends rules on declaration of absolute nullity of void marriages, annulment of voidable marriages, and legal separation

The Supreme Court issued a resolution, amending A.M. No. 02-11-10-SC and  A.M. No. 02-11-11-SC, which pertain to the rules of procedure regarding the filing of petition declaring absolute nullity of void marriages, annulment of voidable marriages, and legal separation.

The said resolution, dated January 24, 2023, amended the jurisdictional requirements when filing for the declaration of absolute nullity of void marriages, annulment of voidable marriages, and legal separation.

In the amended guidelines to validate compliance with the jurisdictional requirements, the petitioner is now required to secure a sworn statement of counsel of record stating that the counsel has verified the authenticity of the petitioner’s proof that he or she resided in the barangay for at least 6 months prior to filing except when: 1) the petitioner is residing abroad; 2) or has left habitual residence which he or she has established with the respondent spouse 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, provided the petitioner cites such reason/s in the verification attached to the petition and details the same in the petition. In addition, the counsel must sufficiently explain to the petitioner the rationale for the residence requirement for purposes of venue and the consequences of non-compliance therewith.

The amended also includes the jurisdictional requirements for parties residing abroad for employment, business, education, or any other purpose, which are: 1) sworn certification from the appropriate Philippine Consulate that petitioner is temporarily residing abroad; 2) 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 3) sworn statement of counsel of record stating that the counsel has sufficiently explained to the petitioner the rationale for the residency requirement for the purpose of venue and the consequences of non-compliance therewith.  

Falsely claiming exemption from the residence requirement, failure to prove residency, and non-service of summons due to not actually residing at the given address, are included as grounds for the dismissal of the petition.

In the amended rule on declaration of absolute nullity of void marriages and annulment of voidable marriages and legal separation, additional rule pertaining to venue was added. If both parties are residing abroad for employment, business, education, or any other purpose, the petition shall be filed in the Family Court in: 1) the habitual residence of either party, at the election of the petitioner; or 2) in the place where the parties last resided as husband and wife. If only the petitioner is residing abroad, the venue should be the place of the residence of the respondent in the Philippines.