Article 48. In all cases of annulment or declaration of absolute nullity of marriage, the court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.
In all cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment. (88a)
Article 49. During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided for in Title IX. It shall also provide for appropriate visitation rights of the other parent. (n)
In annulment and nullity cases, the following are decided upon.
- liquidation of property
- custody and support of the common children
Procedure in Annulment and In Declaration of Nullity Cases
After a complaint for annulment or for the declaration of nullity of marriage has been filed with the proper Regional Trial Court, the defendant shall be given 15 days from receipt of the summons and of a copy of the complaint to file an answer. The defendant cannot be declared in default if he/she fails to answer. A full-blown hearing will be held and the fiscal shall appear to make sure there is no collusion or the evidence is not fabricated.
a full-blown hearing is required in all annulment and nullity cases, summary proceedingsIf the Court erroneously renders a default judgment in an annulment case, this should not prevent the decree from having legal effect. “An erroneous judgment is not a void judgment” (De La Cruz v. Ejercito, 68 SCRA 1, citing Chereau v. Fuentebella, 43 Phil. 216)
If the defendant answers, the issues of the case are joined and the Court shall order the hearing of the case. The fiscal shall likewise appear on behalf of the State to make sure that there is no collusion between the parties or the evidence is not fabricated.
If the defendant fails to answer, the Court shall order the prosecuting attorney to investigate if there is collusion between the parties, if none, a see to it that the evidence submitted is not fabricated.
Role of Fiscal and Solicitor General
The prosecuting attorney or the fiscal must be present in annulment and nullity cases, and must actively participate. … it is the duty of the Fiscal and the Solicitor General not only to defend a valid marriage but also to expose an invalid one (Sin v. Sin, G.R. No 137590, March 26, 2001).
If the litigation is characterized by a no-holds-barred contest (such that the defendant strongly contests the case), the non-intervention of the fiscal to assure lack of collusion is not fatal to the validity of the proceedings.
Collusion
Collusion occurs when both parties in the case concoct or fabricate grounds that are presented as evidence for the case.
collusion - secret agreement or cooperation especially for an illegal or deceitful purposeThe following are not evidence of collusion
– Agreement to initiate the case. As long as the ground for such action exists, the annulment or nullity cases shall proceed in litigation.
Stipulation of facts or confession of judgment
stipulation of facts – both parties agree that the grounds for annulment of the marriage exist
confession of judgment – admission made in court by the respondent or defendant in court admitting the fault as invoked by the plaintiff to sever marriage ties.
A decision cannot be rendered based on the stipulation of facts. However, the stipulation of facts or confession of judgment, if supported or corroborated by other independent substantial evidence, may warrant an annulment of marriage or the declaration of nullity of the same.
Terminal Documents that must be registered
a. Decision – The decision of the court becomes final and executory after 15 days if no longer contested
b. Entry of Judgment – the decision in the case has been rendered final and executory
c. Decree of the declaration for the nullity of marriage – dispositive portion of the decision