SC Amends Jurisdictional Requirements for Dissolution of Marriage and Legal Separation

The Supreme Court (“SC”) in a Resolution dated 24 January 2023 approved the following:

1. 2023 Amended Guidelines to Validate Compliance with the Jurisdictional Requirements in Petitions for Declaration of Absolute Nullity of Marriage and Annulment of Voidable Marriage or Petitions for Legal Separation (“2023 Amended Guidelines”); and 

2. 2023 Amendments to Section 4 of A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages) and Section 2(c) of A.M. No. 02-11-11-SC (Rule on Legal Separation) (“2023 Amendments”)

2023 Amended Guidelines

The required attachments to a petition for annulment and legal separation include: (i) sworn certification of residence issued by the barangay; (ii) sworn statement of counsel; and (iii) other supporting documents which may include utility bills, government issued-ID, notarized lease contract, and transfer certificate of title, or tax declaration, or deed of sale and the like.

Through the 2023 Amended Guidelines, the SC modified the required assertions in the sworn statement by the counsel of record to now include a statement that after a reasonable inquiry, he or she has verified the authenticity of the petitioner’s proof of barangay residency showing that that the petitioner had been residing in the barangay for at least 6 months prior to the filing of the petition. Along with this, the sworn statement of the counsel of record must also state that he or she has sufficiently explained to the petitioner the rationale for the residency requirement for purposes of venue and the consequences of non-compliance therewith.

If, for just cause, such as violence against his or her person or their children, drug addiction or other criminal activity, alcoholism, infidelity or failure to provide support, the petitioner spouse has left the habitual residence which he or she has established with the respondent spouse, the petitioner spouse shall be exempt from submitting the documents above, provided he or she cites such reason/s in the verification attached to the petition and details the same in the petition. 

Meanwhile, if both parties are residing abroad for employment, business, education or any other purpose, the petitioner may, in lieu of the general requirements, attach only the following documents to the petition: 

1. A sworn certification from the appropriate Philippine Consulate that the petitioner is temporarily residing abroad for employment, business, education or any other purpose; 
2. Any sufficient proof of the habitual place of residence of either party or the place where they last resided as a married couple; and
3. A sworn statement from the counsel of record stating that he or she has sufficiently explained to the petitioner the rationale for the residency requirement for venue purposes and the consequences of non-compliance therewith.

The new requirements provided by the SC in the 2023 Amended Guidelines emphasized the importance of the petitioner proving their residency and providing the actual residence of the respondent. In fact, a petition shall be dismissed, after notice and hearing, if it has been proven that there was a false claim of exemption from the residency requirement. Moreover, failure of the petitioner to comply with the residency requirement shall be grounds for the immediate dismissal of the petition, without prejudice to the refiling of the petition in the proper venue. In addition, if the petition is filed at the respondent’s place of residence and summons could not be served because the respondent is not actually residing at the given address, the petition shall be dismissed.

2023 Amendments

Meanwhile, the 2023 Amendments to Section 4 of A.M No. 02-11-10-SC and Section 2 (c) of A.M. No. 02-11-11-SC now specify the applicable venue where the petitions for annulment and legal separation shall be filed (i) if both the petitioner and respondent are residing abroad; and (ii) if only the petitioner is residing abroad. 

If both the petitioner and the respondent are residing abroad for employment, business, education or any other purpose, the petition shall be filed in the Family Court:

1. In the habitual residence of either party, at the election of the petitioner; or
2. In the place where the petitioner and respondent last resided as husband and wife in the Philippines.

On the other hand, if only the petitioner is residing abroad, the venue should be the place of residence of the respondent in the Philippines.