Guzman Tañedo & Acain - Frequently Asked Questions on Philippine Annulment Law

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Amorsolo Street

Legaspi Village

Makati City

1200 Philippines

Telephone: (632) 8941441

TeleFax: (632) 8124296

e-mail: gtalaw@gtalawphil.com

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ANNULMENT 101: Philippine Annulment Law Made Easy

LESSON VII: ISSUES AFTER THE ISSUANCE OF ANNULMENT DECISION

Q. Am I allowed to get married immediately after issuance of the Court Decision on my annulment case?

GTALAW: Not too fast. The Law says that you have to wait for the issuance of the Decree of Annulment. Otherwise, your second married is also invalid.

Q. The Court has already issued a Finality of Judgment on my Annulment case. Apparently, the Solicitor General did not file an Appeal to the Court of Appeals anymore. Can I get married already? How do I get the Decree of Annulment?

GTALAW: Not yet. The New Rule says that you have to register the Entry of Judgment in the Local Civil Registrar of the place where your marriage was solemnized and in the Local Civil Registrar of the Place where the RTC Court which issued the Entry of Judgment is located. If you can show proof to the RTC Court the that registration of the Entry of Judgment in the Local Civil Registrar has been done, it will issue you a Decree of Annulment.

Q. My lawyer told me that before I can get married again, I also need to

show proof to the RTC Court that our common properties mentioned in the Decision have been transferred in the name of our children. Is this true?

GTALAW: Yes, your lawyer is correct. The law says that partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property. Otherwise, your second marriage is also void.

Q. What are the effects of the annulment of my marriage in so far as our common properties, inheritance, and children are concerned?

GTALAW: The effects are as follows:

1. Children conceived or born before the issuance of the Entry of Judgment shall be considered legitimate.

2. The spouse who contracted the marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor:

a. of the common children; or
b. if there are none, the children of the guilty spouse by a previous marriage;
c. in default of children, the innocent spouse;

3. The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and

3. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse.