Dear PAO,
I hope you can help me and my ex-boyfriend. We want to get married and be with our child, but an annulment is very expensive.
He wants to file a case against his wife because she had an affair with another guy and had an abortion when she was impregnated by the same guy. I was his girlfriend before his wife. He did not marry me because when I got pregnant with our child, our parents were against our relationship. After 6 years, he found out that his wife has a boyfriend who is also married.
Can you help us so that their marriage will be annulled? Both of them already want to end the relationship. Thank you.
Respectfully,
Kristine
Dear Kristine,
It must always be remembered that under this jurisdiction “(m)arriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation xxx” (Article 1, Family Code of the Philippines). Thus, if your former boyfriend wishes to marry you or again assume the life of a single person, then he must first file the appropriate petition for either declaration of nullity of marriage or annulment of marriage, and obtain a court declaration of nullity or a decree nullifying his marriage to his wife.
The law only provides for certain specific grounds on which a petition for declaration of nullity of marriage or a petition for annulment of marriage may be based (Arts. 35, 36, 37, 38, 45 at 53, Family Code of the Philippines). We cannot, however, based solely on your narration, identify a ground on which to base the filing of either of the said petitions. Marital infidelity is in itself not a sufficient ground to have a marriage declared as a nullity or be nullified.
If, on the other hand, your former boyfriend can prove that the acts and omissions of his wife is indicative of her psychological incapacity to perform the essential marital duties and obligations, then this may be used as a ground for filing the appropriate petition for declaration of nullity of marriage (Article 36, Family Code of the Philippines).
Additionally, if your former boyfriend is an indigent, then he may avail of the free legal services of the Public Attorney’s Office. The following are considered as indigents:
“1. If residing in Metro Manila, whose net income does not exceed Php14,000.00 a month;
2. If residing in other cities, whose net income does not exceed Php13,000.00 a month; and
3. If residing in other places, whose net income does not exceed Php 12,000.00 a month.
The term “net income” as herein employed shall be understood to refer to the income of the litigant less statutory deductions.
Statutory deductions shall refer to withholding taxes, GSIS, SSS, Pag-Ibig, Health Insurance and Philhealth premiums as well as mandatory deductions (Section 3, Article II, PAO-Memorandum Circular No. 18, Series of 2002, as amended by Memorandum Circular No. 02, Series of 2010).”
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to
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