Petition For Annulment of Voidable Marriage - Presmat
Petition For Annulment of Voidable Marriage - Presmat
Petition For Annulment of Voidable Marriage - Presmat
02-11-10-SC
March 4, 2003
RE: PROPOSED RULE ON
DECLARATION OF ABSOLUTE
NULLITY OF VOID MARRIAGES
AND ANNULMENT OF VOIDABLE
MARRIAGES
Petition for
Annulment of
Voidable Marriage
b. Insanity;
e. Impotency; or 2
Section 3. Petition for annulment of voidable marriages. -
(a) Who may file. - The following persons may file a petition for
annulment of voidable marriage based on any of the grounds under
article 45 of the Family Code and within the period herein indicated:
1. Party 18 years old or above but below 21 years old; parent or
guardian who did not give consent
2. Sane spouse with no knowledge of the other’s insanity; legal
guardian of the party; Insane party;
3. Injured (defrauded party);
4. Injured party;
5. Potent spouse; and
6. Injured (healthy party)
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Where to file?
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Section 5. Contents and form of petition. -
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Petition for Annulment of Marriage of Voidable Marriage
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 Civil Case: Petition for
six months prior to the date Annulment of Voidable
of filing. Or in the case of Marriage
non-resident respondent,
where he may be found in the
Philippines, at the election of
the petitioner.
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Petition for Annulment of Marriage of Voidable Marriage
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Petition for Annulment of Marriage of Voidable Marriage
Petitioner in a foreign
verified and accompanied by
country, verification and
a certification against forum
CAFS shall be authenticated
shopping; personally, and no
by the duly authorized officer
petition may be filed solely
of the Philippine embassy or
by counsel or through an
legation, consul general,
attorney-in-fact.
consul or vice-consul or
consular agent
Jurat
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Petition for Annulment of Marriage of Voidable Marriage
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Petition for Annulment ofIn Marriage of Voidable Marriage
view of the foregoing, petitioner shall attach the
following: (1) sworn certification of residency (with
house location sketch) issued by the barangay; (2)
Additional attachments:
sworn statement of counsel of record that he/she has
1. Sworn certification of
personally verified petitioner’s residency and that the
residency
petitioner had been residing thereat for at least six (6)
2. Counsel’s verified
months prior to the filing of petition; and (3) any but not
statement
limited to the following supporting documents:
3. Supporting documents
i. Utility bills in the name of the petitioner for at least
six (6) months prior to the filing of the petition;
ii. Government-issued I.D. or Company I.D., 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
Supporting Documents: filing of the petition;
i. Utility bills iv. Transfer Certificate of Title, or Tax Declaration, or
ii. Government issued ID or Deed of Sale and the like, in the name of the
company ID with address petitioner where he/she resides;
iii. Notarized lease contract
iv. TCT or Tax Declaration If the petition is filed by the petitioner without counsel
and a counsel subsequently appears, said counsel shall
submit, together with the formal entry of appearance,
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an affidavit of verification of residency of the petitioner.