Filing for Annulment While Residing Abroad

Yes, you can file for annulment in the Philippines even if you are outside of the country. The Family Courts have jurisdiction over annulment cases, and your residence abroad does not automatically preclude filing, provided the jurisdictional requirements (e.g., proper venue based on the residence of either petitioner or respondent for at least six months prior to filing) are met.

While historically personal appearance was strictly required, the Supreme Court of the Philippines has issued A.M. No. 20-12-01-SC, the “Guidelines on the Conduct of Videoconferencing,” which allows for remote appearances and testimony through videoconferencing for civil cases, including annulment proceedings. This means your presence in the Philippines for the entire duration of the trial, including the pre-trial conference and giving oral testimony, may no longer be strictly necessary.

However, the conduct of videoconferencing remains an alternative mode to in-court proceedings, which is still the primary mode. A motion must be filed with the court to request to testify via videoconference, and the granting of such motion is at the discretion of the presiding judge. 

If you fail to attend the trial, whether physically or virtually as allowed by court order, your Petition may still be dismissed. Non-appearance at the pre-trial conference or failure to appear for scheduled testimony (physical or virtual) without justifiable cause can lead to the dismissal of the petition, as it may be considered a lack of interest in prosecuting the case.

The annulment process can still take a year to four (4) years, or even longer, depending on the complexity of your case, your availability and that of the other party, and the court schedule.