(via Manila Times) Things do go wrong. People do make mistakes, despite vows made before God and man. To come to the realization that a marriage is a failure is bitter pill to swallow. But there are circumstances far worse than separation.
For decades, the unattainable myth of the ideal Filipino family—long kept artificially intact by Church, family and society through guilt and shame—led unhappy spouses to endure abuses, lies and loveless lives for the rest of their days. A marriage that is dead is still so regardless of whether society chooses to recognize the fact or not.
But even in the 21st century when truth is valued over appearances, the price of freedom is still steep. Nonetheless, annulment is a necessary process a couple needs to undergo, whether they like it or not, for them to be free.
Atty. Honorata Victoria defines annulment simply as “the process where the marriage tie of the couple will be severed, hence, capacitating the parties to contract another marriage.”
Citing the Family Code of the Philippines (Executive Order 209), Victoria also differentiates annulment (Articles 45 and 53) and declaration for absolute nullity of marriage (Articles 35, 36, 37 and 38). She explains that annulment only presupposes a marriage valid until annulled, whilst if a marriage is declared null, the marriage is void ab initio (void from the very start).
Civil and Church courts
Recourses for annulment vary, depending on whether a couple had a civil or a Catholic Church wedding.
Pointedly, the Church refuses to accept the word annulment. The Church only declares marriage nullity, concluding that there has been no true marriage from the very beginning.
Reverend Salvador Yun, the parish priest of the Archdiocesan Shrine of Santa Ana, reiterates the finality of marriage vows: “Till death do them part.” However, Rev. Yun concedes that human errors are made. That is why the Church made laws in order to correct something that should have never been done, he explains.
Grounds of annulment
Victoria notes that, for both Civil and Church courts, “The usual and most abused ground for the petition for declaration of absolute nullity of marriage is article 36 of the family code—psychological incapacity.”
She also noted that long before the State accepted psychological incapacity as legitimate grounds for annulment, the Church’s Canon Law had already recognized it. The Church defines psychological incapacity as a ground in which there is a lack of understanding to the idea of marriage, its obligations and rights.
Other grounds that are both present in Civil and Church are lack of legal capacity on the part of the contracting parties (under-aged partners), marriages solemnized without license, mistaken identities, mistaken sexualities, multiple marriages, etc.
The process
For the those married in a civil wedding, the first thing to do is to visit a lawyer and check if certain grounds are present in order to file a petition.
For those married in Church, the first thing to do is to visit a canon lawyer. According to Rev. Yun, if a couple seeks their help, they first try to make the couple realize and accept their mistakes and then attempt to reconcile them.
For civil courts, the petitioner will file his case to the Regional Trial Court of his residence and accomplish a copy of the petition to the Office of the Solicitor General. If this takes place accordingly and all other requisites are completed, a series of trials will take place until the court reaches the judgment that the marriage be declared null and void ab initio.
Since there are limited Church Tribunals in the country, the domicile or residence of not only the petitioner but also the respondent are taken into consideration.
Writing up the whole process only needs some three paragraphs. Yet in reality, annulment takes from one to two years. “If there will be no fight on the property and custody of the minor children, at the average it would take 12 to 24 months from the time of filing,” says Atty. Victoria.
Bro. Jeoffrey Brian Catuiran, Notary to the Tribunal of First Instance in Pasig, emphasizes that a Church tribunal hearing usually take more time if there are few evidences and witnesses that are gathered in order to establish a strong ground on the nullity of marriage.
Applying to the Church courts for marriage nullity, one’s petition is by no means assured. Even celebrities and politicians have been denied a second chance at happiness. As for civil marriages, Atty. Victoria notes, “If there exists ground, the courts usually grant the petition.”
The cost of freedom
Though a civil annulment is faster, it is more expensive than a Church annulment. “[A civil annulment is] very costly. A professional lawyer would range form P50,000 to P100,000 and even more. Then, if the ground is psychological incapacity, the petitioner shall be paying the psychiatrist or psychologist P25,000. Then, the filing fee, it depends on the value of the absolute community of property or conjugal partnership of gains. At the average the petitioner needs at least P100,000,” says Atty. Victoria.
The average cost of a Church annulment is only P60,000. Nevertheless, living in truth and setting one another free is priceless. There is only the rest of one’s life left to live.