GROUP 2

1. Judicial affidavit rule (am no. 12-8-8-sc) Prepare a judicial affidavit of petitioner in a case of nullity of
marriage based on art. 36
2.last will and testament (holographic and notarial -difference)
3. Legal separation
Complaint for legal separation based on the ground of homosexuality
4. Petition to declare absolute nullity of void marriage
5. Petition for annulment of voidable marriage
6. Difference between special power of attorney and general power of attorney

JUDICIAL AFFIDAVIT RULE

Judicial Affidavit Rule (JAR) was promulgated by the Supreme Court on September 04, 2012 under
Administrative Matter no. 12-08-08-SC. Following its publication in two (2) newspapers of general circulation, the
rule became effective on January 1, 2013. The judicial affidavit shall take place of the direct testimonies of witnesses.
The rue therefore, modifies the existing practice in the conduct of a trial and reception of evidence by doing away
with the usual oral examination of a witness in a direct examination.

I. PROPONENT
-Supreme Court Senior Associate Justice Antonio T. Carpio and Associate Justice Roberto A. Abad
II. PURPOSE
- To decongest the courts of cases and to reduce delays in the disposition of cases.
III. APPLICATION OF THE RULE

Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents requiring the reception of
evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall not apply to small claims cases under A.M.
08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to receive evidence, including the
Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the
Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule.

Section 9. Application of rule to criminal actions. - (a) This rule shall apply to all criminal actions:
(1) Where the maximum of the imposable penalty does not exceed six years;
(2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or
(3) With respect to the civil aspect of the actions, whatever the penalties involved are.

IV. CONTENTS OF JUDICIAL AFFIDAVIT

Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the language known to the
witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the
following:

(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place
where the examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath,
and that he may face criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:

(1) Show the circumstances under which the witness acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents; and
(3) Identify the attached documentary and object evidence and establish their authenticity in accordance with the
Rules of Court;

(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to
administer the same.

1
Section 4. SWORN ATTESTATION OF THE LAWYER. - (a) The judicial affidavit shall contain a sworn attestation at
the end, executed by the lawyer who conducted or supervised the examination of the witness, to the effect that:

(1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the
witness gave; and

(2) Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers.

(b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment.

V. WHEN TO FILE

Section 2. SUBMISSION OF JUDICIAL AFFIDAVITS AND EXHIBITS IN LIEU OF DIRECT TESTIMONIES. –

(a) The parties shall file with the court and serve on the adverse party, personally or by licensed courier service, not
later than five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions
and incidents, the following:

(1) The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct testimonies;
and

(2) The parties' documentary or object evidence, if any, which shall be attached to the judicial affidavits and
marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3, and so
on in the case of the respondent or the defendant.

(b) Should a party or a witness desire to keep the original document or object evidence in his possession, he
may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial affidavit that
the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. In addition, the
party or witness shall bring the original document or object evidence for comparison during the preliminary
conference with the attached copy, reproduction, or pictures, failing which the latter shall not be admitted.

This is without prejudice to the introduction of secondary evidence in place of the original when allowed by existing
rules.

In criminal cases

The prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pre-trial,
serving copies if the same upon the accused. The complainant or public prosecutor shall attach to the affidavits such
documentary or object evidence as he may have, marking them as Exhibits A, B, C, and so on. No further judicial
affidavit, documentary, or object evidence shall be admitted at the trial.

If the accused desires to be heard on his defense after receipt of the judicial affidavits of the prosecution, he shall
have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from
receipt of such affidavits and serve a copy of each on the public and private prosecutor, including his
documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as
direct testimonies of the accused and his witnesses when they appear before the court to testify.

VI. EFFECT OF NON-COMPLIANCE WITH THE RULE

Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who fails to submit the
required judicial affidavits and exhibits on time shall be deemed to have waived their submission. The court may,
however, allow only once the late submission of the same provided, the delay is for a valid reason, would not
unduly prejudice the opposing party, and the defaulting party pays a fine of not less than P 1,000.00 nor more than
P 5,000.00 at the discretion of the court.

(b) The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case
as required. Counsel who fails to appear without valid cause despite notice shall be deemed to have waived his
client's right to confront by cross-examination the witnesses there present.

(c) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements
of Section 3 and the attestation requirement of Section 4 above. The court may, however, allow only once the
subsequent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a

2
valid reason and would not unduly prejudice the opposing party and provided further, that public or private counsel
responsible for their preparation and submission pays a fine of not less than P 1,000.00 nor more than P 5,000.00,
at the discretion of the court.

SAMPLE FORM: Judicial Affidavit of petitioner in a case of nullity of marriage

based on art. 36
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
PASAY CITY
Branch no. 109

JON JONES,
Petitioner,

CIVIL CASE NO. R-PSY-16-28451-

CV
-versus For: Declaration of Nullity of
Marriage

AMANDA NUNES-JONES,
Respondent.
x---------------------------------------------x

JUDICIAL AFFIDAVIT

I, Jon Jones, 33 years of age, married, Filipino, with address at 1807

Gutierrez corner Tramo Streets, Pasay City, after having been duly sworn to in
accordance with law, do hereby depose and state:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use
of judicial affidavits to serve as the direct examination testimony of the
witness, on the basis of which the adverse party may conduct their cross-
examination on such a witness, I hereby execute this judicial affidavit in a
question and answer format;

That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I also
state that it was Atty. Anderson Silva, counsel of Jon Jones who conducted
the examination of the undersigned affiant;

That conformably also with section 3 (c) thereof, I hereby state under the
pain of perjury that in answering the questions asked of me, as appearing
herein below, I am fully conscious that I did so under oath, and that I may
face criminal liabilities for false testimony or perjury;

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: Please state your name and other personal circumstances for the
record.
A: I am Jon Jones, of legal age, Filipino, married and a resident of 1807
Gutierrez corner Tramo Streets, Pasay City.

2. Q. Are you the same Jon Jones, the petitioner, in this case?
A. Yes sir.

3. Q. Do you know a certain Amanda Nunes-Jones?

A. Yes sir. She is the woman I married.

4. Q. Are you still cohabiting with Amanda?

3
 A. No, we have been living separately for 7 years now since she left for
Italy in 2012.

5. Q. Do you have a proof of your marriage with Amanda?

A. Yes sir, I have a NSO Certified marriage contract as my Exhibit "A".

6. Q. Did you have children with Amanda?

A. No, we have no children.

7. Q. What is the reason for your separation?

A. Nearly 2 months from our marriage, her parents sent her to Italy for
work. During her first month, our long distance relationship was anything but
cordial and harmonious. I studied hard to finish my course in order to follow
the respondent in Italy, however on her second month, every time I am not
able to answer her call during my class hours we argue, hence not a single
day pass without the respondent nagging and quarrelling with me on petty
issues. Our arguments became more incendiary and petty issues had gone
worst. On her third month in Italy, she stopped from communicating with me,

8. Q. What did you do when the respondent stopped from communicating

with you?
A. In order to salvage our relationship from going sour, I tried my best to get in
touch with the respondent and I exerted efforts to contact her but to no avail
considering that no one from her relatives would want to give any information
about her or her new contact number and the respondent blocked me in her
Facebook account and other means of communication in social media.

9. Q. What else happened if any?

A. Sometime in May 2013, after almost a year in Italy without communication,
respondent returned to the Philippines to attend the wake of her father. I took
the chance to see and talk to her but the respondent refused. She told me
through a text message that we have nothing to talk about because she was
done with me. Since that time, I have never been able to see and talk to
respondent and no longer hear any news or words about her.

10. Q. Prior to filing of this case, have you consulted a clinical psychologist
in order to determine the root cause of the downfall of your marriage with
respondent?
A. Yes, Sir. I have the original copy of Psychological Evaluation Report done
by Dr. Nate Diaz. I am attaching it as my Exhibit “B”.

11. Q. Have you acquired any real property during your marriage?
A. None Sir.

12. Q. Did you have a pre-nuptial agreement with the respondent regarding
your properties?
A: None sir.

13. Q: What are you asking this Court with respect to this case?
A: I am praying that the Honorable Court would grant my petition for
Declaration of Nullity of my marriage with Amanda Nunes-Jones on the
ground that our marriage is void ab initio for her being psychologically
incapacitated.
-----END OF STATEMENT----

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of

July 2019, in Pasay City.

JON JONES
Affiant

4
 SUBSCRIBED AND SWORN TO BEFORE ME this 1st day of July 2019,
in Pasay City. Affiant exhibited to me his SSS ID no. 45-823665-8 with his
photograph and signature.

ATTY. JUNIOR DOS SANTOS

NOTARY PUBLIC
Address:
Commission expires
Roll of Attorneys no.
IBP No.
PTR no.
MCLE Compliance
Email/Contact no.

Doc no. ___;

Page no.___;
Book no.___;
Series of 2019.

COUNSEL’S ATTESTATION
[Pursuant to Sec. 4 A.M. NO. 12-8-8-SC
JUDICIAL AFFIDAVIT RULE]

I, ANDERSON SILVA, Counsel for petitioner in the above-entitled case, being

the lawyer who conducted the examination of the above-named petitioner as
witness, as embodied in the foregoing judicial affidavit, hereby attest:

1. That I faithfully recorded the questions I asked and the corresponding

answers that the witness gave;

2. That neither I nor any other person then present or assisting me

coached the witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of July
2019, in Pasay City.

ATTY.ANDERSON SILVA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 1st day of July 2019, in

Pasay City. Affiant exhibited to me his IBP Identification Card with his
photograph and signature.

ATTY. JUNIOR DOS SANTOS

NOTARY PUBLIC
Address:
Commission expires
Roll of Attorneys no.
IBP No.
PTR no.
MCLE Compliance
I. WILLS IN GENERAL

Wills; defined. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to
a certain degree the disposition of his estate, to take effect after his death (Article 783, Civil Code).

5
 
The operative words in the definition:
1. Act – the definition of a will as an act is too broad and should have 
been more clearly delimited
with a more specific term such as instrument or document, in view of the provision of Article 804
that “every will must be in writing.” Nuncupative, or oral, wills are not recognized in our Code (2016,
Balane). 

2. Permitted – will-making is purely statutory 

3. Formalities prescribed by law – the requirement of form prescribed 
respectively for attested and
holographic wills. 

4. Control to a certain degree – the testator’s power of testamentary 
disposition is limited by the rules
on legitimes 

5. After his death – Testamentary succession, like all other kinds of 
succession in our Code, is mortis
causa. 

II. CHARACTERISTICS OF WILLS:
1. Purely personal (Articles 784-785; 787) 

2. Free and intelligent (Article 839) 

3. Solemn and formal (Articles 804-814; 820-821) 

4. Revocable or ambulatory (Article 828) 

5. Mortis causa (Article 783) 

6. Individual (Article 818) 

7. Executed with animus testandi (Article 783) 

8. Executed with testamentary capacity (Articles 796-803) 

9. Unilateral (Article 783) 

10.Dispositive of property (Article 783) 11.Statutory (Article 783) 


III. DISCUSSION ON THE FORMALITIES OF WILLS 


The requirements of form depend on whether the will is attested (notarial) or holographic. Articles 805-808;
820-821 governed attested wills. Articles 810-814 govern holographic wills. Article 804 applies to both.


A. NOTARIAL OR ATTESTED WILLS 


Article 805. Every will, other than a holographic will, must be subscribed at the end thereof by
the testator himself or by the testator’s name written by some other person in his presence, and
by his express direction, and attested and subscribed by three or more credible witnesses in the
presence of the testator and of one another.

The testator or the person requested by him to write his name and the instrumental witnesses of
the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left
margin, and all the pages shall be numbered correlatively in letters placed on the upper part of
each page.

The attestation shall state the number of pages used upon which the will is written, and the fact
that the testator signed the will and every page thereof, or caused some other person to write his
name, under his express direction, in the presence of the instrumental witnesses, and that the
latter witnessed and signed the will and all the pages thereof in the presence of the testator and of
one another.

If the attestation clause is in language not known to the witnesses, it shall be interpreted to them.

Article 806. Every will must be acknowledged before a notary public by the testator and the
witnesses. The notary public shall not be required to retain a copy of the will, or file another with
the office of the Clerk of Court.

B. HOLOGRAPHIC WILL
Article 810. A person may execute a holographic will which must be entirely written, dated and
signed by the hand of the testator himself. It is subject to no other form and may be made in or
out of the Philippines and need not be witnessed.
The two requirements:

A. Entirely handwritten by testator
B. Dated by the testator

IV. SPECIAL PROCEEDING; PROBATE OR ALLOWANCE OF WILL

A. Definition


6
 Probate or Allowance of Wills is the act of providing in court a document purporting to be the last
will and testament of a certain deceased person for the purpose of its official recognition,
registration and carrying out its provision in so far as they are in accordance with law (Black’s
Law Dictionary)

Probate or allowance of will is a court procedure by which a will is proved to be valid or invalid;
though in current usage this term has been expanded to generally refer to the legal process
wherein the estate of a decedent is administered.

Generally, the probate process involves collecting a decedent’s assets, liquidating liabilities,
paying necessary taxes and distributing property to heirs. These activities are carried out by the
executor or administrator if the estate usually under the supervision of the probate court or other
court of appropriate jurisdiction (Black’s Law Dictionary).

It is a proceeding in rem wherein all persons having any interest are

deemed parties.
B. RULE 75. PRODUCTION OF WILL; IN A NUTSHELL

• Allowance of a will is necessary. Section 1 of Rule 75 is explicit, “No will shall pass either
real or personal estate unless it is proved and allowed in the proper court.” 

• The probate of a will mandatory. (Baluyot v. Panio, G.R. No. L- 42088, 71 SCRA 86) 

• Until admitted to probate, a will has not effect and no right can be claimed thereunder
(Pascual v. Court of Appeals, 409 SCRA 105) 

• Due execution of the will or its extrinsic validity pertains to the whether the testator, being
of sound mind, freely executed the will in accordance with the formalities prescribed by law.
These formalities are enshrined in Articles 805 and 806 of the New Civil Code 

• As a general rule, a probate court cannot pass upon the intrinsic validity of a will. In a
special proceeding for the probate of a will, the issue is by and large restricted to the extrinsic
validity of the will, i.e. whether the testator, being of sound mind, freely executed the will in
accordance with the formalities prescribed by law. As a rule, the question of ownership is an
extraneous matter which the probate court cannot resolve with finality (Pastor, Jr. v. CA, 122
SCRA 185) 

• The allowance of the will precludes any interested person from questioning the due
execution of the will but not the intrinsic validity of its testamentary provisions. Matters
relating to intrinsic validity of a will are governed by substantive law on inheritance and
partition (Estate of Johnson, 39 Phil. 156) 


C. RULE 76. ALLOWANCE OR DISALLOWANCE OF WILL; IN A NUTSHELL 


• Any executor, devisee or legatee named in a will, or any other

person interested in the estate, may, at any time after the death
of the testator, petition the court having jurisdiction to have the will allowed, whether the
same be in his possession or not, or is lost or destroyed.
• The testator himself may, during his lifetime, petition the court for the allowance of his will


• As a rule, in order that a person may be allowed to intervene in a probate proceeding he
must have an interest in the estate, or in the will, or in the property to be affected by either as
executor or as a claimant of the estate 

• An interested party is one who would be benefited by the estate such as an heir or one who
has claim against the estate like a creditor. (Sumilang v. Romagosa, 21 SCRA 1369. 1967) 

• Contents of the petition: 

o The jurisdictional facts
o The names, ages and residences of the heirs, legatees and
the devisees of the testator or decedent
o The probable value and character of the property of
the
estate
o The name of the person for whom letters are prayed; and o If the will has not been
delivered to the court, the name of
person having custody of it (In the Matter of the Petition to Approve the Will of Ruperta
Palaganas, G.R. No. 169144, January 26, 2011)
• The jurisdictional facts in probate proceedings are the death of the decedent, his residence at
the time of his death in the province of where the probate court is sitting or if he is an
inhabitant of a foreign country, his leaving his estate such province (Cuenco v. CA, 53 SCRA
360)

7
D. RULE 77. ALLOWANCE OF WILL PROVED OUTSIDE OF THE PHILIPPINES AND
ADMINISTRATION OF ESTATE THEREUNDER; IN A NUTSHELL
• Section 1 of Rule 77 provides that a will proved and allowed in a foreign country
must be re-probated in the Philippines. If the decedent owns properties in different
countries, separate proceedings must be had to cover the same 

• At the re-probate proceedings in the Philippines, the proponent must prove:
i. That the testator was domiciled in the foreign country 

ii. That the will has been admitted to probate in such 
country 

iii. That the foreign court was, under the laws of said foreign 
country, a probate
court with jurisdiction over the 
proceedings 

iv. The law on probate procedure in said foreign country and 
proof of compliance
therewith 

v. The legal requirements in said foreign country for the valid execution of the will (Fluemer
v. Hix, 54 Phil.610)

• The effects of allowance of a will under this Rule

i. The will shall be treated as if originally proved and 
allowed in the Philippine
courts 

ii. Letters testamentary or administration with a will 
annexed shall extend to all
estates of the Philippines 

iii. After payment of just debts and expenses of 
administration, the residue of the
estate shall be disposed of as provided by law in cases of estates in the Philippines
belonging to persons who are inhabitants of another state or country 


E. RULE 78. LETTERS TESTAMENTARY AND OF ADMINISTRATION; IN A NUTSHELL

• The following may administer the estate 
i. Executor
ii. Administrator 


• An executor is a person named expressly by the deceased person in his will to
administer, settle and liquidate his estate, while an administrator is a person appointed
by the intestate court to administer the case of a deceased person who:

i. Dies without leaving a will 


ii. Or did not name any executor even if there was a will 

iii. Or if there be one named, he is incompetent, refuses the trust or fails to give bond
or that the will subsequently, is declared null and void 


• The following are incompetent to serve as Executors or Administrators

i. Minor 

ii. Not a resident of the Philippines; and 

iii. In the opinion of the court unfit to execute the duties of the trust by reason of
drunkenness, improvidence, or want of understanding or integrity, or by reason of
conviction of an offense involving moral turpitude 

• Letters Testamentary is an authority issued to an executor named in the will to
administer the estate 

• Letters of Administration is an authority by the court to a competent person to
administer the estate of the deceased who died intestate 


F. RULE 79. OPPOSING ISSUANCE OF LETTERS TESTAMENTARY; PETITION AND

CONTEST FOR LETTERS OF ADMINISTRATION 


• A petition for letters of administration must be filed by an interested person 


• The petition must show, so far as known to the petitioner: 

i. The jurisdictional facts
ii. The names, ages and residences of the heirs and the names and the residences of the
creditors of the decedent 

iii. The probable value and the character of the property of the estate 

iv. The name of the person for whom letters of administration are prayed 


V. APPENDIX:
1. FORM: PETITION FOR THE PROBATE OF A WILL 

2. FORM: ISSUANCE OF LETTERS ADMINISTRATION 


8
 Republic of the Philippines
National Capital Judicial Region
Regional Trial Court of Manila
Branch _______

Petition for the Probate of

the last will and testament
and settlement of the state Spec. Pro. Case No. ________
of the late H.J.O. in his
capacity as the named
Executor in the last will and
testament of the late H.

Petitioner, x---------------------------------------x

PETITION

COMES NOW, the Petitioner in his capacity as the named executor in the last
will and testament of the deceased H before this Honorable Court, most respectfully avers
the following:
1. The testator H (hereinafter referred to as the “Testator”), a Filipino, of legal age,
passed away last June 10, 2009 at the Medical City Hospital, in Pasig City Philippines.
Attached herewith and made an integral part of this pleading is a copy of the testator’s
Certificate of Death as Annex “A.”
2. The testator, at the time of her death, was a resident of ____________________.
3. When Ms. H passed away, she was unmarried and had no children of her own. Both
her parents had long passed away prior to hear death. She is survived by the following
persons as her next of kin

and heirs. Her siblings:

a. R married to L, parents of Jos, and M with postal address at
___________________________________.
b. Dr. married to Dra., parents of Mi, Er, Vi and Be with postal address at
_________________________.
c. C. E married to C. However, son after the demise of the testator E also
passed away. He left his children names: R, S and T with postal address at
________________________.

4. The testator left a last will and testament executed on February 14, 2008. It
is under the care and custody of Attorney V for safekeeping. As soon as practicable and
when necessary, the executor will cause the production of original of the will before the
Honorable Court.

Attached herewith and made an integral part of this pleading is a faithful copy of
the last will and testament of H as Annex “B”
.
5. The petitioner, as executor named in said will, consents to act as such.
6. The testator left a real property in Manila and the following expenses:
Assets
House and Lot in Manila P2,500,000.00
Less:
Bad debts 500,000.00 (500,000.00)

9
 Hospital Expense P150,000.00 (150,000.00)
Net Estate P1,850,000.00

1ST CAUSE OF ACTION: PROBATE OF THE WILL


7. Petitioner respectfully seeks the probate of the aforesaid will in accordance with the
requisites of the laws of the Philippines.

2ND CAUSE OF ACTION: PARTITION OF THE ESTATE IN ACCORDANCE WITH THE

INSTRUCTIONS OF THE WILL

8. If the Will is allowed in this probate, the properties of the late H be distributed in
accordance with the provisions and instructions in the Will.
PRAYER

WHEREFORE, premises considered, it is most respectfully preyed that:


a. A place and time be set for proving the last will and
testament of the late H.
b. That due notice be provided in accordance with the Rules of Court
c. That after proper hearing, said will and testament be admitted to probate and letters
testamentary be issued to herein petitioner.
d. In the event that the will is allowed, the estate be distributed in accordance with the
said Will.

Other remedies just and equitable and necessary in order to achieve the ends of justice
under the premises are likewise prayed for.
Respectfully admitted.
’

Quezon City for City of Manila, December 10, 2010.

JUAN DELA CRUZ


Roll No. 40123
PTR No. 8332143
1/14/2015

IBP No. 690130 1/8/2015

MCLE Compliance IV-0008269-
02/28/10

Tel. No. (02) 416-3900

Cell Phone No. 0920 1234567

E-mail Address:
jhimfes2@yahoo.com

No. 222 Wheels Executive Suite

Wheels Bldg., E. Rodriguez Sr.
Avenue, Quezon City, 1102

VERIFICATION AND CERIFICATE OF NON-FORUM SHOPPING

I, J.O., Filipino, of legal age, with residence address at ____________ after having been sworn
to in accordance with law hereby states:

1. I am the petitioner in the above-entitled case.

2. I caused the preparation of the aforementioned petition.
3. I hereby certify that I have not commenced any other, action or proceeding involving
the same issues as are now raised in the petition, before the Supreme Court, Court of
Appeals or any other court, tribunal or agency. To the best of my knowledge, no such
action or proceedings is pending before the Supreme Court, Court of Appeals, or any other
court, tribunal or agency. Should I learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, Court of Appeals or any other court, tribunal or
agency, I shall personally notify this Honorable Court of such fact within five (5) days from
said notice.
_________________
Affiant

10
 SUBSCRIBED AND SWORN to before me, this _____ day of _____, affiant exhibiting to
me his LTO Driver’s License Identification Card with no. ___________ issued at ________ on
____________________.

NOTARY PUBLIC

DOC. NO.

PAGE NO.

BOOK NO.

SERIES OF __________

Republic of the Philippines

National Capital Judicial Region
Regional Trial Court of Manila
Branch _______

In the Matter of Intestate Estate

of Spouses H and W
Spec. Pro. Case No. ______
For: Issuance of Letters of
Administration with Prayer
for the Special
____________________________ Administratrix J

Petitioner,
x---------------------------------------x

PETITIONER, by counsel and to this Honorable Court, respectfully states:

1. Petitioner is a Filipino citizen, of legal age, married to R, and a resident of

________________, Makati City. 

2. Petitioner is the youngest of the three children of the late H, who died on 25
December 2005, and W, who died on 14 February 2009. The other children are M and
J Jr. 

3. The deceased spouses were residents of __________________ at the time of their
death. 

4. The names, ages, and residences of the only surviving Deceased Spouses are as
follows: 

4.1. A, 47 years of age legitimate daughter of the deceased
spouses, and with residence address at ________________________; 4.2. B, 45 years
of age, legitimate son of the deceased spouses and
with residence address at _______________________; and
4.3. C, 40 years of age, legitimate daughter of the deceased spouses, and with
residence address at _______________________;
5. Petitioner has no idea whether the Deceased Spouses executed and left their
respective wills. 

6. To the best of petitioner’s knowledge, the deceases spouses left an estate consisting
of bank accounts several banks and other personal effects and belonging with a
probable gross value of at least Two Million Pesos (Php2,000,000.00) 

7. Since petitioner and eldest sister, A got married on 29 October 199 and 21 March
2000 respectively, they left the deceased spouses under the case of petitioner’s only
brother B, although petitioner and her sister would regularly visit the deceased
spouses. Considering that B was the constant companion of the deceased spouses
prior to their death, they entrusted to him the possession of all documents
evidencing ownership of several bank accounts and other personal effects and
belongings. Prior to their death: 

7.1. In several occasions, the deceased spouses would tell petitioner that
they have peso and dollar savings/checking and time deposits accounts with the
following banks:
Far West Bank


11
 Metro Manila Bank

Bank of the Pearl Orient

Bank of the Philippine Islands

And that they entrusted to B their vault containing the passbooks and time deposit
certificates evidencing such accounts and other personal effects for safekeeping,
with a directive to divide and partition the same; equally among their three children
when they
pass away

7.2. In several occasions, Petitioner’s deceased father H, would tell
petitioner that B had his Rolex watches for his occasional use and safekeeping
7.3. On several occasions, the deceased spouses would remind petitioner
and his siblings that the collection of valued paintings was not supposed to be
disposed of unless all them agreed.
8. To date, B has not accounted, liquidated, settled and partitioned the estate of the
deceased spouses. B has not even informed his siblings about the details
respecting the said estate. 

9. Petitioner is not aware of any debt or obligation of the deceased spouses 

10. In order to protect the integrity of the estate of the deceased spouses, to recover
properties, to settle the obligations of the estate, if any, and to preserve the estate
of the Deceased Spouses until its distribution to the rightful heirs, there is an
urgent need to appoint an administrator of the said estate
11. Petitioner respectfully offers herself to be appointed as the regular administratix of
the estate of the Deceased Spouses under Rule 78 of the Rules of Court. Petitioner
is qualified, competent and willing to be appointed as regular administratix of the
intestate of the Deceased Spouses because she possesses all the qualification and
none of the disqualification
. 11.1. Petitioner is of legal age 

. 11.2. Petitioner is a resident of the Philippines 

. 11.3. Petitioner has not been charged or convicted of any crime or 

offense involving moral turpitude

11.4. Petitioner is competent, fit and able to faithfully discharge the duties
of an administratix

11.5. Petitioner is also willing and able to give a bond in such sum and
under such conditions as the Honorable Court may fix and
impose

12. Pending issuance of letters administration, petitioner also
respectfully offers herself to be appointed as the special administratix of the estate of the
deceased spouses under Rule 80 of the Rules of Court so that there is someone to attend to
the immediate concerns involving the estate, such as the filing of the estate tax return and
the payment of applicable estate tax due with the BIR to avoid accrual surcharges, interest
and penalties as well as to avoid dissipation, wastage, loss of the assets of the estate. For
this purpose, petitioner is also ready, willing and able to post a bond in such amount as
the Honorable may direct.

WHEREFORE, premises considered, it is respectfully prayed that the Honorable Court

render judgment as follows:

1. Immediately upon filing of the instant petition, an Order be issued Appointing petitioner as
special administratix of the estate of the deceased spouses until issuance of permanent
letters of administration and directing
a. The following banks and their successors-in-interest, namely: Far West Bank,
Metro Manila Bank, Bank of the Pearl of the Orient and the Bank of the Philippines
Islands to disclose all necessary information regarding the accounts maintained by
the deceased spouses, whether joint or individual, with them; to provide accounting
and supporting documents relative to the said accounts; and to immediately freeze
aforesaid accounts to prevent their dissipation, wastage and loss 

b. For B to submit an inventory of any and all the properties left by the deceased
spouses in his possession, and to make an accounting and liquidation of the same;
and to turn over the same to the special administratix 

c. For B to surrender the value mentioned in 7.1. with all its contents to the
custody of the special administratix; and 

d. For B to immediately surrender possession of any and all of the properties left
by the deceased spouses to petitioner as may be directed by the Honorable Court. 


12
2. After due notice and hearing, Letters of Administration be issued in favor of herein
petitioner for the administration, settlement and partition of the estate of the Deceased
Spouses. 


Petitioner prays for such further or other relief as maybe deemed just and equitable under
the premises.

JUAN DELA CRUZ


Republic of the Philippines
City of Pasay
Roll No. 40123
PTR No. 8332143
1/14/2015

IBP No. 690130 1/8/2015

MCLE Compliance IV-0008269-
02/28/10

Tel. No. (02) 416-3900

Cell Phone No. 0920 1234567

E-mail Address:
jhimfes2@yahoo.com

No. 222 Wheels Executive Suite

Wheels Bldg., E. Rodriguez Sr.
)
Avenue, Quezon City, 1102
) S.S.

VERIFICATION AND CERIFICATE OF NON-FORUM SHOPPING

I, J.O., Filipino, of legal age, with residence address at ____________ after having been
sworn to in accordance with law hereby states:
1. I am the petitioner in the above-entitled case.
2. I caused the preparation of the aforementioned petition.
3. I hereby certify that I have not commenced any other, action or proceeding involving
the same issues as are now raised in the petition, before the Supreme Court, Court of
Appeals or any other court, tribunal or agency. To the best of my knowledge, no such
action or proceedings is pending before the Supreme Court, Court of Appeals, or any other
court, tribunal or agency. Should I learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, Court of Appeals or any other court, tribunal or
agency, I shall personally notify this Honorable Court of such fact within five (5) days from
said notice.
_________________
Affiant

SUBSCRIBED AND SWORN to before me, this _____ day of _____, affiant exhibiting to
me his LTO Driver’s License Identification Card with no. ___________ issued at ________ on
____________________.

NOTARY PUBLIC

DOC. NO.

PAGE NO.

BOOK NO.

SERIES OF __________

PETITION FOR LEGAL SEPARATION

ON GROUND OF HOMOSEXUALITY

Q: What is the idea of legal separation?

13
The Merriam-Webster Law Dictionary defines Legal Separation as:

1. A separation of spouses which does not involve a dissolution of the marriage but in which certain
arrangements (as for maintenance and custody) are ordered by the court
2. Also called divorce a mensa et thoro, judicial separation, separation from bed and board.

Q: What are the psychological and factual bases of legal separation in

relation to homosexuality?

This happens as an outcome when the husband or wife feels that the other could no longer perform the
basic marital obligations as expressed in Articles 68-71, 220, 221 and 225 of the Family Code.

Marital Obligations, among them:

Article 68, Family Code (FC):

“The husband and wife are obliged to live together, observe mutual love, respect and fidelity,
and render mutual help or support.”

Article 69, FC:

“The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.

The court may exempt one spouse from living with the other if the latter should live abroad or there
are other valid and compelling reasons for the exemption. However, such exemption shall not apply
if the same is not compatible with the solidarity of the family.”

Article 70, FC: Family support.

Article 71, FC: Management of the household.
Article 220, FC: Other parental duties.
Article 221, FC: Parental civil liability in relation to acts or omissions of the unemancipated children living
in their company.
Article 225, FC: Legal guardianship over property of children.

Characterization of homosexuality, according to the Encyclopedia Britannica:

“Homosexuality, is sexual interest in and attraction to members of one’s own sex. The term gay
is frequently used as a synonym for homosexual; female homosexuality is often referred to as
lesbianism.

Albano comments on marital obligation in relation to Article 68:

“Evidently, one of the essential marital obligations under the

Family Code is to procreate children based on the universal principle that procreation of children
through sexual cooperation is the basic end of marriage. Constant non-fulfillment of this obligation
will finally destroy the integrity or wholeness of the marriage.”

Further:

“That is a shared feeling which between the husband and wife must be experienced not only by
having spontaneous sexual intimacy but a deep sense of spiritual communion. Marital union is
a two-way process. An expressive interest in each other’s feelings at a time it is needed by the
other can go a long way in deepening the marital relationship. Marriage is definitely not for
children, but for two consenting adults who views the relationship with love amor gignit amorem,

14
 respect, sacrifice and a continuing commitment to compromise, conscious of its value as a sublime
social institution.”

Q: What are the substantive legal bases and distinctions in law for legal
separation?

Article 55, FC:

“A petition for legal separation may be filed on any of the following grounds:

(1) Repeated physical violence…;

(2) Physical violence or moral pressure…;
(3) Attempt of respondent to corrupt…;
(4) Final judgment…;
(5) Drug addiction…;
(6) Lesbianism or homosexuality of the respondent;
(7) to (10) Other grounds.

Article 55 in relation to article 46:

Article 55 contemplates of homosexuality as one that occurred only during the marriage and not
at the inception of marriage, which constitutes fraud under Article 46 for concealment of
homosexuality.

Article 46 renders the marriage contract voidable; Article 55 merely a ground for legal separation.
(Hernandez v. CA, GR 126010, Dec. 8, 1999)

Q: What are the effects of legal separation?

1. Spouses shall be entitled to live separately from each other, bed and board, but the marriage bond will
not be severed. Arts. 61, 63 (1).
2. Spouses may agree in writing the administration of property; otherwise, the court will. Art. 61.
3. During the pendency of the action, there must be clear provision for the custody of children, and support
for spouse and common children. Art. 62, 49.

4. The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending
spouse shall have no right to any share of the net profits earned by the absolute community or the
conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2), Art. 63
(2).
5. The custody of minor children shall be awarded to the innocent spouse , subject to the provisions of
Article 213 of the Civil Code. Art. 63 (3).
6. The offending spouse shall be disqualified from inheriting from the innocent spouse. Moreover,
provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by
operation of law. Art. 63 (4).
7. After the finality of the decree of legal separation, the innocent spouse may revoke the donations made
by him or by her in favor of the offending spouse, as well as the designation of the latter as a beneficiary
in any insurance policy, even if such designation be stipulated as irrevocable. Art. 64.

Q: What governs the process of legal separation?

A.M. NO. 02-11-11-SC, or the Rule on Legal Separation governs; approved March 4, 2003, and which took
effect March 15, 2003. The Rules of Court applies suppletorily.
Q: Venue and jurisdiction?

Per Rule on Legal Separation: 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 six months prior to the date of filing, or

15
in the case of a non-resident respondent, where he may be found in the Philippines, at the election of the
petitioner.

Per BP 129 as Amended, Jurisdiction in Civil Cases. – The RTC shall exercise exclusive original jurisdiction:
…(5) In all actions involving the contract of marriage and marital relations.

Q: What to do in instituting a Petition for Legal Separation on ground of

Homosexuality?

1. Prepare pleading. Contents and form. -- The petition for legal separation shall:

(1) Allege the complete facts constituting the cause of action.

(2) State the names and ages of the common children of the parties, specify the regime governing
their property relations, the properties involved, and creditors, if any. If there is no adequate
provision in a written agreement between the parties, the petitioner may apply for a provisional
order for spousal support, custody and support of common children, visitation rights,
administration of community or conjugal property, and other similar matters requiring urgent
action,
(3) Be verified and accompanied by a certification against forum shopping. The verification and
certification must be personally signed by the petitioner. No petition may be filed solely by counsel
or through an attorney-in-fact. If the petitioner is in a foreign country, the verification and
certification against forum shopping shall be authenticated by the duly authorized officer of the
Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said
country
(4) Be filed in six copies. The petitioner shall, within five days from such filing, furnish a copy of the
petition to the City or Provincial Prosecutor and the creditors, if any, and submit to the court proof
of such service within the same period. Failure to comply with the preceding requirements may be a
ground for immediate dismissal of the petition.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
THIRD JUDICIAL REGION
BRANCH 71
PASAY CITY

Marife C. Dela Cruz,

Petitioner
-versus- CIVIL CASE NUMBER 0001
Juan Dela Cruz, For: Legal Separation
Respondent
x-----------------------x

PETITION FOR LEGAL SEPARATION

1. Petitioner and respondent, both of legal age are residents of Nijaro Street, Pasay City
since January 6, 2017; 


2. Petitioner and respondent met sometime November 2016, which led to courtship and
romantic relations, culminating in the exchange of marital vows in a church
wedding in December 5, 2016, at the San Loreto Church, Pasay City. A copy of their
Marriage Certificate has been attached as “Annex A” and forms part of this petition;
3. After the marriage, the couple decided to settle their home in Caruncho Compound,
Pasig City, where a child was born out of such love. Copy of the child’s Birth Certificate has
been attached as “Annex B” and forms part of this petition;
4. Indeed the marital relations was a happy and fulfilling one, each responding to the needs
of the other thoroughly, and the partner made good the caring of their kid, and no marital

16
issue was ever unsettled before they lay to be during times of trial, that indeed the
husband was the “best father” and husband the family could ever have;
5. Petitioner had the hope that such flame of love would never dwindle. However, one day,
petitioner found out strange behavior manifesting her husband: he shared with some of her
cosmetics in the toilet and bedroom, and respondent hid some in his bag. Petitioner
confronted the husband, who would not offer any explanation;
6. This was followed weeks on with respondent, continuing to dress and act like a man, but
deep inside him was already a changed person, of bated breath of a woman hiding in a
masculine frame, and his manner of talking, his intonation, and the curl of his fingers
revealed what was inside the man, or rather, now what seemingly was a woman; 

7. That on the eve of January 6, 2017, the very day we transferred residence, and weeks
after, the respondent would now and then come home with drink buddies, and one guy
among them seem to be a magnetic personality to which respondent husband would cling
to, coiling around the friend as would a lover to his coy partner;
8. That behavior manifesting, and rumors circling around, it could no longer be hidden,
that the men in the respondent shrunk into a feminine psyche in a manly body, to which
the couple’s child responded to with shame and embarrassment; 

9. Then on, the respondent would no longer provide financially I regular terms what a
responsible father would do, as way back then when respondent proved her love for
petitioner after marital consummation; 

10. Petitioner could no longer tolerate the respondent’s homosexuality, and his disregard
for the needed support for wife and offspring, and hence, this petition;
11. The couple has not entered into any property relations and petitioner has no creditors;
12. In filing this petition, petitioner was constrained to engage on the services of counsel
for a fee of Pxxx, and per appearance fee of Pxxx, and will incur litigation expenses in the
sum of Pxxx.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed this Honorable

Court that in favor of the petitioner be decided and granted the following:
1.) The legal separation between petitioner Marife C. dela Cruz, and respondent Juan Dela
Cruz;
2.)The dissolution of their conjugal relations and the division of the net conjugal assets;
3.) The designation of the petitioner as the administrator of the absolute community during
the pendency of the petition, and the eventual dissolution of such property;
4.) The custody of their child be awarded the petitioner;
5) The respondent to provide support to the spouse and their child; and 

6. The payment of litigation expenses and attorney’s fees from the pocket or share of the
respondent.

PETITONER further prays for any other relief as the Honorable Court may deem
proper, just and equitable.
Signed:
Marife C. Dela Cruz August 5, 2017

SUBSCRIBED AND SWORN TO before me in the City of Pasay this 5th of

August 2017, affiant exhibiting before me her Community tax Certificate number xxxxxxx
issued on February 12, 2017 at Pasay City.

Signed:
Atty. Neil Arms Batumbakal
Notary Public

Batumbakal Law Firm Hermenio Street, PC
Appointment number 123 Until _________
Doc. No. _____; IBP number 321, dated______
Page No. _____; PTR number 456, dated _____
Book No. _____; Roll number 654, dated _____
Series 2017. MCLE number ___________

Republic of the Philippines )

17
 City of Pasay ) S.S.

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

1.) I, Marife C. dela Cruz, herein petitioner, of legal age, do hereby state that I caused
the preparation of this petition, read its contents, and affirms that they are true factually
and based on records as herein presented;
2.) I hereby certify that there are no other cases commenced or pending before any
Court involving the same issue and parties, and should I learn of any such case, will notify
the Court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on August 5, 2017, in Pasay
City.
Signed:
Marife C. Dela Cruz August 5, 2017
SUBSCRIBED AND SWORN TO before me in the City of Pasay this 5th of August 2017,
affiant exhibiting before me her Community tax Certificate number xxxxxxx issued on
February 12, 2017 at Pasay City.

Signed:
Atty. Neil Arms Batumbakal
Notary Public

Batumbakal Law Firm Hermenio Street, Pasay
City
Appointment number 123 Until _________
IBP number 321, dated______
PTR number 456, dated _____
Roll number 654, dated _____
MCLE number ___________
Doc. No. _____;
Page No. _____;
Book No. _____;
Series 2017.

DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES

SCOPE

• Petition for declaration of absolute nullity of marriages

A. M. NO. 02-11-10-SC
o It does not allow a petition for correction or cancellation of an entry in the civil registry (Rule
108) as a substitute for an action to invalidate a marriage (Republic v Olaybar, 2014) 

o A direct action is needed for the declaration of nullity or annulment to prevent the
circumvention of the safeguards under AM No. 02-11-10-SC and it is also needed to prevent
circumvention of the Family Code. 
 

o Rule 108 may be used only as a remedy to correct the subject marriage certificate by
cancelling the wife portion thereof in an adversarial proceeding. 
 


NATURE
The nature of an action for annulment of marriage is one that is in rem (Rayray v Chae Kyung Lee, 2010):
o The concern is the status of the parties and status binds affects or binds the whole world 
 

o Jurisdiction over the same depends upon the nationality or domicile, not the place of the celebration of the
marriage 
 

o The res in the case is the marriage tie 


GROUNDS FOR VOID AB INITIO MARRIAGE:

o Psychological Incapacity (36 FC)
o Incestuous Marriages (37 FC)

o Against public policy (38 FC)

o 7/10 Years Presumptive Death; 4 years presumptive death (390 NCC)

18
 o Non-Compliance of 52 = void ab initio subsequent marriages


o Absence of formal or essential requisites (Art 4 & Art 35 FC)
o Age, No authority on the part of solemnizing officer, no license, etc.

WHO MAY FILE?

Solely by Husband or Wife

WHAT TO ALLEGE

• Names and ages of the common children of the parties; the regime governing their property relations, as well as
the properties involved. If there is no adequate provision in a written agreement between the parties, the petitioner
may apply for a provisional order for spousal support, custody and support of common children, visitation rights,
administration of community or conjugal property, and other matters similarly requiring urgent action.


• Verified and accompanied by a certification against forum shopping. The verification and certification must be
signed personally by the petitioner. No petition may be filed solely by counsel or through an attorney-in-fact. If the
petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by
the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular
agent in said country.


• Filed in six copies. The petitioner shall serve a copy of the petition on the Office of the Solicitor General and the
Office of the City or Provincial Prosecutor, within five days from the date of its filing and submit to the court proof of
such service within the same period. Failure to comply with any of the preceding requirements may be a ground for
immediate dismissal of the petition.

WHAT TO ALLEGE IF GROUNDED ON ART 36 FC

Complete facts showing that either or both parties were psychologically incapacitated from complying with the
essential marital obligations of marriage at the time of the celebration of marriage even if such incapacity becomes
manifest only after its celebration. 
 

 


Physical manifestations, if any, as are indicative of psychological incapacity at the time of the celebration of the
marriage but expert opinion need not be alleged. 
 

 


GUIDELINES FOR ART 36 FC

“Psychological incapacity” should refer to a mental incapacity that causes a party to be truly
incognitive of the basic marital covenants that concomitantly must be assumed and discharged
by the parties to the marriage... which include their mutual obligations to live together, observe
love, respect, and fidelity, and render help and support (Santos v CA, 1995)

Art 36 contemplates, “downright incapacity or inability to assume and fulfil the basic marital
obligations, not a mere refusal, neglect or difficulty, much less ill will, on the part of the errant
spouse.” (Agraviador v Agriavador

o Santos v CA: psychological incapacity must be characterized by gravity, juridical antecedence, and
incurability. It should be mental. 

o Molina Guidelines:

1. burden of proof with the plaintiff 
 


2. root cause must be medically identified, alleged in complaint, proven by experts, & clearly explained in
the decision 

3. incapacity must exist at time of celebration 
 

4. incapacity must be shown to be incurable (clinically or medically) 
 

5. must be grave enough to bring about the disability to assume the obligations of marriage 
 

6. essential marital obligations must be those embraced by Art 68-71 FC 
 

7. interpretations by the NAMTCC is not controlling but given respect 


WHERE TO FILE

o Family Court of the province or city where the petitioner or the respondent has been residing for at least
six months prior to the date of filing, 
 

o Or in the case of a non-resident respondent, where he may be found in the Philippines, at the election of

19
 the petitioner. 
 

o In stations where no branches of the Regional Trial Court are designated as Family Courts, the cases
falling within the jurisdiction of the Family Courts shall be raffled among the branches of the Regional Trial
Court with the same station (OCA Circular No. 96-03) 

DECISION

• If the court renders a decision granting the petition, it shall declare therein that the decree of absolute
nullity or decree of annulment shall be issued by the court only after compliance with Articles 50 and 51 of
the Family Code as implemented under the Rule on Liquidation, Partition and Distribution of Properties. 

• The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the
decision personally or by registered mail. If the respondent summoned by publication failed to appear in the
action, the dispositive part of the decision shall be published once in a newspaper of general circulation. 

• The decision becomes final upon the expiration of fifteen days from notice to the parties. Entry of judgment
shall be made if no motion for reconsideration or new trial, or appeal is filed by any of the parties, the public
prosecutor, or the Solicitor General. 

• Upon the finality of the decision, the court shall forthwith issue the corresponding decree if the parties have
no properties. 

•If the parties have properties, the court shall observe the procedure prescribed in Section 21 of this Rule.

The entry of judgment shall be registered in the Civil Registry where the marriage was recorded and in
the Civil Registry where the Family Court granting the petition for declaration of absolute nullity or
annulment of marriage is located.
EFFECT OF JUDGMENT
Upon entry of the judgment granting the petition, or, in case of appeal, upon receipt of the entry of judgment
of the appellate court granting the petition, the Family Court, on motion of either party, shall:
• proceed with the liquidation, partition and distribution of the properties of the spouses, including custody,
support of common children and
• deliver the presumptive legitimes pursuant to Articles 50 and 51 of the Family Code unless such matters
had been adjudicated in previous judicial proceedings.

EFFECT OF DEATH OF A PARTY

o In case a party dies at any stage of the proceedings before the entry of judgment, the court shall order the case
closed and terminated, without prejudice to the settlement of the estate in proper proceedings in the regular
courts. 

o If the party dies after the entry of judgment of nullity or annulment, the judgment shall be binding upon the
parties 
and their successors in interest in the settlement of the estate in the regular courts 


A.M. NO. 02-11-10 SC VIS-À-VIS RECOGNITION OF FOREIGN JUDGMENT

• Fukiji v Marinay, 2013: The rule on declaration of Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages does not apply in a petition to recognize a foreign judgment relating to the status of a
marriage where one of the parties is a citizen of a foreign country.
• Moreover, in Juliano-Llave v. Republic, this Court held that the rule in A.M. No. 02- 11-10-SC that only the
husband or wife can file a declaration of nullity or annulment of marriage “does not apply if the reason
behind the petition is bigamy.”
• A recognition of a foreign judgment is not an action to nullify a marriage. It is an action for Philippine courts to
recognize the effectivity of a foreign judgment, which presupposes a case which was already tried and
decided under foreign law.

20
21
PETITION FOR ANNULMENT OF VOIDABLE MARRIAGES

MARRIAGE (The Family Code of the Philippines)

Article 1. Marriage 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, except that marriage
settlements may fix the property relations during the marriage within the limits provided by this Code.

CHARACTERISTICS

(1) It is civil in character , because it is established by the State independent of its religious aspect

22
(2) It is an institution of public order or policy, governed by the rules established by law which cannot be made operative
by the stipulations of the parties.

(3) It is an institution of natural character, because one of its objects is the satisfaction of the intimate sentiments and
needs of the human beings for the organic perpetuation of man.

VOIDABLE MARRIAGES

Voidable marriage is one which is valid (not void)when entered into and which remains valid until either party secures a
lawful court order dissolving the marital relationship.

UNDER WHAT RULE

A.M. No. 02-11-10-SC (March 4, 2003) -

ABSOLUTE NULLITY OF VOID MARIAGES AND ANNULMENT OF RULE ON DECLARATION OF VOIDABLE MARRIAGES
Section 3. Petition for annulment of voidable marriages.

GROUNDS (Article 45 of the Family Code)

A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below
twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute
parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited
with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as
husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having
disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity
continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.

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) The contracting party whose parent, or guardian, or person exercising substitute parental authority did not give his or
her consent, within five years after attaining the age of twenty-one unless, after attaining the age of twenty-one, such
party freely cohabitated with the other as husband or wife; or the parent, guardian or person having legal charge of the
contracting party , at any time before such party has reached the age of twenty-one;

(2) The sane spouse who had no knowledge of the other's insanity; or by any relative, guardian, or person having legal
charge of the insane, at any time before the death of either party; or by the insane spouse during the a lucid interval or
after regaining sanity, provided that the petitioner , after coming to reason, has not freely cohabited with the other as
husband or wife;

(3) The injured party whose consent was obtained by fraud, within five years after the discovery of the fraud, provided that
said party, with full knowledge of the facts constituting the fraud, has not freely cohabited with the other as husband or
wife;

(4) The injured party whose consent was obtained by force, intimidation, or undue influence, within five years from the
time the force intimidation, or undue influence disappeared or ceased, provided that the force, intimidation, or undue
influence having disappeared or ceased, said party has not thereafter freely cohabited with the other as husband or wife;

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(5) The injured party where the other spouse is physically incapable of consummating the marriage with the other and
such incapability continues and appears to be incurable, within five years after the celebration of marriage; and

(6) Te injured party where the other party was afflicted with a sexually- transmissible disease found to be serious and
appears to be incurable, within five years after the celebration of marriage.

WHERE TO FILE

The petition shall be filed in the Family Court.

CONTENTS AND FORM OF PETITION

(1) The petition shall allege the complete facts constituting the cause of action.

(2) It shall state the names and ages of the common children of the parties and specify the regime governing their property
relations, as well as the properties involved.

If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a provisional
order for spousal support, custody and support of common children, visitation rights, administration of community or
conjugal property, and other matters similarly requiring urgent action.

(3) It must be verified and accompanied by a certification against forum shopping. The verification and certification must
be signed personally by me petitioner. No petition may be filed solely by counsel or through an attorney-in-fact.

If the petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by
the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice- consul or consular agent
in said country.

(4) It shall be filed in six copies. The petitioner shall serve a copy of the petition on the Office of the Solicitor General and
the Office of the City or Provincial Prosecutor, within five days from the date of its filing and submit to the court proof of
such service within the same period.

Failure to comply with any of the preceding requirements may be a ground for immediate dismissal of the petition.

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
SAN JUAN CITY,
BRANCH _______
ABC, Petitioner,

- versus –

DEF, Respondent. JDRC Case No. ______________

For: Annulment of Voidable
X--------------------------------X Marriage

PETITION

COMES NOW petitioner, through the undersigned counsel and to this Honorable Court,
respectfully alleges:
1. That petitioner ABC is of legal age, married, Filipino and resident of xxxxx, San Juan City;
2. That respondent DEF is likewise of legal age, married, Filipino and presently residing at
xxxxx, San Juan City;
3. That petitioner and respondent celebrated their marriage on xxxxx, xxxx before the Parish
Church of San Agustin, San Juan City, certified true copy of their Marriage Certificate is
attached and made integral part hereof as Annex “A”;
4. That petitioner and respondent have no children. They have no written agreement executed
before the marriage to govern their property relations nor have any community property
acquired during their marriage. They have no debts;

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5. That petitioner met the respondent sometime in 1998 in City ofManila. Their romance
culminated in a marriage before the priest of San Agustin church; 5. In xxx, respondent started
to stay at the house of the petitioner, with petitioner’s parents and siblings;
6. That during the third year after their marriage DEF confessed to ABC that he was afflicted
with HIV/AIDS, a sexually-transmissible disease found to be serious and appears to be
incurable;
7. That DEF had given ABC copy of the medical test showing that the former is indeed found to
be positive with HIV/AIDS;
8. ABC had herself checked but found to be negative with HIV/AIDS as the Respondent
consistently used condom during their sexual intercourse;
9. That ABC’s dreams of having healthy children of her own is no longer possible as she cannot
afford to live with DEF, and established a family with him.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that the marriage of the
parties be declared null and void under Article 45 of the Family Code.
Petitioner also prays for other reliefs as may be deemed just and equitable in the
premises.
City of San Juan.
xxxxx-zzzzz
& Asscociates Law Offices

Unit 1, 27th Floor, Ecotower Bldg.
San Juan City

Tel. No.: xxx-xxxx

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPPING

I, ABC, of legal age, Filipino citizen, and a resident of xxxx, after having been duly
sworn to in accordance with law, hereby, depose and say:

1. That I am the ____________ in the above-entitled case and have caused this
___________________________________ to be prepared; that I read and understood its contents
which are true and correct of my own personal knowledge and/or based on authentic records.

2. That I have not commenced any action of proceeding involving the same issue in
the Supreme Court, the Court of Appeals or any other tribunal or agency; that to the best of my
knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals
or any tribunal or agency, and that, if I should learn thereafter that a similar action or
proceeding has been filed or is pending before these courts of tribunal or agency, I undertake to
report that the fact to the Court within five (5) days therefrom.

IN WITNESS WHEREFORE, I have hereunto set my hand this ____ day

o_______________,20____.

ABC
Affiant

SUBSCRIBED AND SWORN to before me this______day of _______________, 20_____ .

Doc. No. ___

Page No. ___
Book No. ___
Series of ___
Atty. GHI
NOTARY PUBLIC
Roll of Attorney No.___
PTR No. ___

IBP No. ___

MCLE Compliance No. ___

25
DIFFERENCE BETWEEN SPECIAL POWER OF ATTORNEY AND GENERAL POWER OF ATTORNEY

A power of attorney is a legal document that is used to give legal authority to someone else to make decisions or do certain
things on their behalf. The person who signs the Power of Attorney (gives up the authority) is called the Principal, and the
person who is given the authority is called the Agent.
Who can execute Power of Attorney?
Any natural person having the capacity to contract may execute a power of attorney.
When Power of Attorney be executed?
If a person is not able to act on his own behalf due to mental or physical incapacity, an agent may be called upon and
execute power of attorney.
Types of Power of Attorney
A General Power of Attorney grants the agent the legal right to make all personal, business and legal decisions on behalf
of the principal. May give an agent extensive powers to carry out transactions.

A Special Power of Attorney means legally authorizing another person, called an agent or an attorney in fact, the right to
act on behalf of another person, known as the principal, under specific, clearly laid-out circumstances. This type of power
of attorney is limited to what has been laid out in the signed document.

When is a Special Power Necessary? (ART. 1878 NCC)

1. To make such payments as are not usually considered as acts of administration;
2. To effect novation;
3. To compromise, to submit questions to arbitration, to renounce the right to appeal from judgment, to waive objections
to the venue of an action or to abandon a prescription already acquired;
4. Waive an obligation gratuitously; to Lease any real property to another person for more than one year;
5. Ownership of an immovable is transmitted or acquired either gratuitously or for valuable consideration;
6. To make Gifts, except customary ones for charity or those made to employees in the business managed by the agent;
7. To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are
under administration;
8. To lease any real property to another person for more than one year;
9. To bind the principal to render some service without compensation;
10. To bind the principal in a contract of Partnership;
11. To obligate principal as guarantor or surety;
12. To create or convey real rights over immovable property;
13. To accept or repudiate an inheritance;
14. To ratify or recognize obligations contracted before the agency;
15. Any other act of strict dominion.

CONTENTS OF A POWER OF ATTORNEY

Title and Type of Power of Attorney. A power of attorney may be general or special.
Principal and Agent (Attorney-in-Fact). A Power of Attorney must contain accurate information about the legal
identities of the principal and the agent. Other information such as age legality, citizenship, and postal address must be
included.
Specific Powers Granted (Special Power of Attorney). One of the most important sections of a Special Power of
Attorney is the detailed list of all the specific powers granted to the agent. Stating the powers in a general manner however
could inadvertently allow the agent to undertake actions that were not meant to be included in the power of attorney. In
some cases, expiration date for the Special Power of Attorney is also included.
Execution. The power of attorney must contain the date of execution. The power of attorney must be signed by the
principal or by another adult in the principal’s presence and under the direction of the principal.The power of attorney is
signed and acknowledged before a notary public or is signed by two witnesses.

SAMPLE FORM -GPA

Republic of the Philippines )

__________________________ ) S.S

GENERAL POWER OF ATTORNEY

KNOW ALL MEN THESE PRESENTS:

I, (Name of Principal), of legal age, single/married to (Name of spouse if any), Filipino, a resident
of (Address), do hereby name, constitute, and appoint (Name of Agent /Attorney-In-Fact), to be

26
my true and lawful attorney, for me and in my name, place, and stead, to do and perform the
following acts and things to wit:

To ask, demand, collect any and all sums of money, sue to recover debts, dues,
accounts, dividends, legacies, bequests, interests , and other things of value of whatever nature
or kind as may now be or may hereafter become due owing, payable or belonging to me, and to
have, sue, and to take any all lawful ways and means for the recovery thereof by
suit, attachment, compromise or otherwise;

To make, sign, execute, and deliver contracts, agreements, documents and other writings of
whatever nature or kind, with any and all third persons, entities or concerns, upon terms and
conditions acceptable to my said attorney;

To delegate in whole or in part any all of the powers herein granted or conferred, by means of an
instrument in writing, favor of any third persons whom my said attorney may select;

HEREBY GIVING AND GRANTING unto my said attorney full power and authority whatsoever
requisite or necessary or proper to be done in and about the premises as fully to all intents and
purposes as I might and could lawfully do if personally present, with power of substitution and
revocation, and hereby, ratifying and confirming all that my said attorney or his substitute shall
lawfully do or cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, We have hereunto affixed our signatures this ___________ day of
____________________ , 20__ in ______________________, Philippines.

_____________________________ _______________________________
(Principal) (Agent /Attorney-In-Fact)

Signed in the presence of:

_____________________________ ______________________________

Republic of the Philippines )

__________________________ ) S.S

ACKNOWLEDGEMENT

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Name of Principal) 10000000 February 24, 20__ / Paranaque City
(Name of Agent) 10000000 January 28, 20__ / Mandaluyong City

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.

27
SAMPLE FORM -SPA

Republic of the Philippines )

__________________________ ) S.S
SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, (Insert Name of Principal) single/married (insert name of spouse if married), of legal age, with
residence and postal address at (Address) do hereby APPOINT (Insert name of Agent /Attorney-In-
Fact)) single/married (insert name of spouse if married), likewise of legal age, with postal address at
(Address) as our true and legal representative to act for and in our name and stead and to perform
the following acts:

To sell, offer for sale, and come to an agreement as to the purchase price and
thereafter to sign for us and in our name and receive payment from the sale of our
property more particularly described as follows: (Insert Description of Property)

HEREBY GRANTING unto our representative full power and authority to execute and perform
every act necessary to render effective the power to sell the foregoing properties, as though
we ourselves, have so performed it, and HEREBY APPROVING ALL that he may do by virtue
hereof with full right of substitution of his person and revocation of this instrument.

IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS ____ DAY OF
_______________ 20__, AT (Insert Place of execution of this Instrument).

____________________________ _______________________________
(Name of Principal) (Name of Agent /Attorney-In-Fact)

Signed in the presence of:

_____________________________ __________________________________

Republic of the Philippines )

_________________________ ) S.S

ACKNOWLEDGEMENT

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Name of Principal) 10000000 Jan 09, 20__ / Angeles City

(Name of Agent) 10000000 Jan 16, 20__ / City of Manila

Known to me and to me known to be the same persons who executed the

foregoing instrumentand acknowledged to me that the same is their free and voluntary act and
deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.

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