Dear Atty. Gab,

Musta Atty! I hope you can shed some light on my situation. I filed a petition for declaration of nullity of marriage about eight months ago here in Cebu City. My wife received the summons but chose not to file any answer or appear in court. I thought this would make things faster, but my case seems stuck.

My lawyer mentioned something about needing a report from the public prosecutor to check for ‘collusion’ before we can even have a pre-trial. Honestly, Atty., I don’t understand why this is necessary since she clearly isn’t contesting the petition. It feels like an unnecessary delay. Can’t the judge just see that there’s no collusion since she defaulted and move things along? I really want to get this over with.

I also heard from a friend whose cousin went through an adoption process recently, and it seemed incredibly fast. They mentioned some requirements might have been skipped to speed it up. It makes me wonder if procedural rules in family cases are really that strict, or if judges have the leeway to bypass some steps, especially when the other party isn’t participating like in my case. I’m just confused about why my case is crawling while others seem to finish quickly. What are my rights here, and is this delay normal? Any guidance would be greatly appreciated.

Salamat po,

Felix Ocampo

Dear Felix,

Musta Atty! Thank you for reaching out with your concerns. It’s completely understandable to feel frustrated when legal proceedings, especially sensitive ones like annulment, seem to move slowly. The waiting period, particularly when the other party hasn’t responded, can indeed be perplexing.

The procedures in family law cases, including petitions for declaration of nullity or annulment of marriage, are governed by specific rules designed to protect the integrity of the process and the institutions involved, primarily marriage and the family. While delays can be taxing, certain steps are mandatory and cannot be bypassed, even if it seems expedient to do so. Let’s delve into why these rules exist and how they apply to your situation.

Navigating the Procedural Path in Family Law Cases

The steps you mentioned, particularly the involvement of the public prosecutor and the pre-trial stage, are crucial components of the process governed by the rules established by the Supreme Court. In cases involving the declaration of nullity or annulment of marriage, the State has a vested interest in preserving the sanctity of marriage. This is why, even if a respondent defaults (fails to file an answer), the court cannot simply grant the petition based on the petitioner’s claims alone.

Your lawyer is correct about the necessity of a prosecutor’s report. When the respondent fails to file an answer, the court is mandated to order the public prosecutor to investigate whether collusion exists between the parties. Collusion, in this context, means an agreement between the husband and wife to make it appear that grounds for annulment or nullity exist when they don’t, or to suppress evidence that could prevent the dissolution of the marriage.

“If the respondent fails to file an answer, the court shall order the public prosecutor to investigate whether collusion exists between the parties and serve a copy thereof upon the parties and the Office of the Solicitor General. The public prosecutor shall submit a report to the court stating whether the parties are in collusion and serve a copy of the report on the parties and the OSG within ten days from receipt of the order from the court.” (See Section 9, A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages)

This investigation is not merely a suggestion; it is a mandatory step. The purpose is to ensure that the dissolution of the marriage is based on legitimate grounds and not on a fabricated agreement between the spouses. The court relies on the prosecutor’s findings to safeguard the State’s interest in marriage as a social institution.

Furthermore, the rules explicitly state that the pre-trial cannot proceed without this report confirming the absence of collusion. The submission of the prosecutor’s report is considered a condition sine qua non – an essential condition – for setting the case for pre-trial.

“Only after the court has received the report finding that no collusion exists may the case be set for pre-trial and subsequent proceedings.” (See Section 11, A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages)

While judges possess judicial discretion in managing their dockets, this discretion does not extend to ignoring mandatory procedural requirements established by law and the rules of court. Procedural rules are not mere technicalities; they are fundamental safeguards ensuring fairness, order, and the protection of substantive rights. The Supreme Court has emphasized that adherence to these rules cannot be compromised for the sake of speed.

“Short-cuts in judicial processes cannot be countenanced… because speed is not the principal objective of trial.”

Regarding your friend’s observation about adoption cases, similar principles apply. The Rule on Adoption (A.M. No. 02-6-02-SC) also prescribes mandatory requirements designed to protect the best interests of the child. These include obtaining necessary consents, conducting child and home study reports, and often, a period of supervised trial custody.

“The following documents shall be attached to the petition: … B. Affidavit of consent of the following: 1. The adoptee, if ten (10) years of age or over; 2. The biological parents… or the proper government instrumentality… C. Child study report on the adoptee… E. Home study report on the adopters…” (See Section 11, A.M. No. 02-6-02-SC, Rule on Adoption)

“Before issuance of the decree of adoption, the court shall give the adopter trial custody of the adoptee for a period of at least six (6) months…” (See Section 15, A.M. No. 02-6-02-SC, Rule on Adoption)

Skipping these mandatory steps, whether in annulment or adoption proceedings, constitutes a violation of the rules and can potentially invalidate the entire process or lead to administrative sanctions against the judge involved. While variations in case timelines can occur due to court dockets, prosecutor workload, or case complexities, adherence to fundamental procedures is non-negotiable.

Practical Advice for Your Situation

• Understand the Prosecutor’s Role: Recognize that the prosecutor’s investigation for collusion is a mandatory step required by the rules to protect the integrity of the marriage dissolution process, especially in default situations.
• Follow Up Respectfully: You or your lawyer can make polite inquiries with the court clerk regarding the status of the prosecutor’s report or if it has already been submitted.
• Prepare for Pre-Trial: Once the no-collusion report is submitted, the case will be set for pre-trial. Use this time to prepare with your lawyer for this important stage where issues are simplified and possibilities for amicable settlement on matters like property and custody (if applicable) are explored.
• Patience is Key: While frustrating, the adherence to procedure ensures the validity and finality of the court’s decision. Rushing the process by skipping steps could lead to problems later on.
• Focus on Your Evidence: Ensure that you and your lawyer have gathered and prepared all necessary evidence to prove the grounds for nullity alleged in your petition. The burden of proof remains with you, even if your wife defaulted.
• Distinguish from Other Cases: Avoid comparing the timeline of your case directly with others, like adoption cases, as they involve different rules, requirements, and objectives (e.g., the paramountcy of the child’s best interest).
• Trust the Process (Generally): While delays happen, the procedural safeguards are in place for valid reasons. Continue coordinating closely with your lawyer who can best navigate the specifics of your case within the court system.

Felix, navigating the legal system requires patience. The procedures, though sometimes seemingly slow, are designed to ensure fairness and uphold the law. Trust that the mandatory steps, like the collusion report, are necessary for the long-term validity of the outcome you seek.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.