If Our RTC Is Notorious for Denying Annulments, Can I Relocate and File for Annulment in Another Province or City for a Better Chance of Success?

Hello Determined Wife,

I understand your predicament. It is not uncommon for annulment petitioners to feel that their local courts are “too strict” or “too conservative,” leading them to consider moving to a different jurisdiction. However, as an experienced annulment lawyer, I must advise you to proceed with extreme caution. 

Statutory Rules on Jurisdictional Venue

Under Philippine law, specifically the 2023 Amended Guidelines to Validate Compliance with the Jurisdictional Requirements in Petitions for Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriage or Petitions for Legal Separation (A.M. No. 02-11-10-SC and A.M. 02-11-11-SC) dated January 24, 2023, the rules on venue are very specific. According to Section 4 of the Rule: 

“Section 4. 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 (6) months prior to the date of filing or in the case of a non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.

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

(a) In the habitual residence of either party, at the election of the petitioner; or 

(b) In the place where the petitioner and respondent last resided as husband and wife in the Philippines. 

If only the petitioner is residing abroad, the venue should be the place of residence of the respondent in the Philippines.”

Residency Validation Guidelines 

Following the abovementioned Rules, the Supreme Court (SC) provided guidelines for the validation of compliance with the jurisdictional requirements: To wit: 

“(a) Contents and Form of the Petition. With reference to the requirements of Section 5 of A.M. No. 02-11-10-SC and Section 2(b) of A.M. No. 02-11-11-SC, petitioner shall state the complete address of the parties in the petition (i.e., house number, street, purok/village/subdivision, barangay, zone, town, city, and province);

(1) For this purpose, the petitioner shall attach the following: 

(a) sworn certification of residency (with house location sketch), issued by the barangay; 

(b) sworn statement of counsel of record stating that: 

(i) After a reasonable inquiry, he or she has verified the authenticity of the petitioner’s proof of barangay residency as mentioned in the preceding paragraph 1(a) showing that the petitioner had been residing in the barangay for at least six (6) months to the filing of the petition except when the petitioner is residing abroad, or has left the habitual residence which he or she has established with the respondent spouse for just cause, such as violence against his or her person or their children, drug addiction or other criminal activity, alcoholism, infidelity, and failure to provide support, provided the petitioner cites such reason/s in the verification attached to the petition and details the same in the petition; and  

(ii) He or she sufficiently explained to the petitioner the rationale for the residency requirement for purposes of venue and the consequences of non-compliance  therewith.

(c) Any but not limited to the following supporting documents: 

(i) Utility bills in the name of the petitioner for at least six (6) months prior to the filing of the petition;

(ii) Government-issued I.D. or Company I.D., bearing the photograph and address of the petitioner and issued at least six (6) months prior to the filing of  the petition;

(iii) Notarized lease contract, if available, and/ or receipts for rental payments (bearing the address of the petitioner) for at least six (6) months prior to the filing of the petition; and 

(iv) Transfer Certificate of Title, or Tax Declaration, or Deed of Sale and the like, in the name of the petitioner where he/she resides. 

If the petition is filed by the petitioner without counsel and a counsel subsequently enters his or her appearance for the petitioner, said counsel shall submit, together with the formal entry of appearance, the sworn statement required under the preceding paragraph 1(b)

(2) If, for just cause, such as violence against his or her person or their children, drug addiction or other criminal activity, alcoholism, infidelity, and failure to provide support, the petitioner spouse has left the habitual residence which he or she has established with the respondent spouse, the petitioner spouse shall also be exempt from submitting the documents enumerated under paragraphs 1(a), (b), and (c), provided he or she cites such reason/s in the verification attached to the petition and details the same in the petition. 

(3) If both parties to the petition are residing abroad for employment, business, education, or any other purpose, the following documents shall be attached to the petition, in lieu of those enumerated in the preceding paragraph 1(a), (b), and (c):

(a) A sworn certification from the appropriate Philippine Consulate that the petitioner is temporarily residing abroad for employment, business, education, or any other purpose; 

(b) Any sufficient proof of the habitual place of residence of any of the parties or the place where they last resided as husband and wife; and 

(c) A sworn statement of counsel of record stating that, he or she has sufficiently explained to the petitioner the rationale for the residency requirement for purposes of venue and the consequences of non-compliance therewith.”

Case Dismissals for Non-Compliance with Jurisdictional Venue

Under the succeeding sections of the 2023 Amended Guidelines providing a false address or failing to meet residency standards will result in the dismissal of the case.

“(c) Dismissal of the Petition for Alleging a False Address or Falsely Claiming the Exemption from the Residency Requirement. At any stage of the proceedings where it appears that the address alleged in the verified petition is false or where it appears from the registry return/ s that either party is unknown at the given address, or that the reason/s cited in the verification for exemption is/are proven false, the court shall, after notice and hearing, dismiss the petition and require the counsel of record to show cause why no appropriate sanctions should be imposed on him/her for submitting a false affidavit of verification. 

(d) Dismissal of the Petition, Without Prejudice, for Failure to Prove Residency. Failure of the petitioner to comply with the residency requirement shall be a ground for the immediate dismissal of the petition, without prejudice to the refiling of the petition in the proper venue.

(e) Dismissal Due to Non-service of Summons, Not Actual Residence. If the petition is filed at the respondent’s place of residence and summons could not be served by reason that the respondent is not actually residing at the given address, then the petition shall be dismissed.

(f) Sanctions. Officials, parties, or representatives who submit a false certification or document shall be held liable for indirect contempt, without prejudice to criminal and/or administrative liabilities.” 

So, to answer your question—yes, you may relocate to Manila and file your annulment petition there, provided you strictly comply with the six-month residency requirement under the 2023 Amended Guidelines. The residency must be actual, continuous, and supported by credible documentation showing that Manila is genuinely your place of residence prior to filing.

However, relocating solely to secure a more favorable venue may create serious issues if the residency appears simulated or unsupported by evidence. If the court finds that the address stated in the petition is false or merely contrived for filing purposes, the petition may be summarily dismissed and could undermine your credibility before the court.

I hope this provides a clear explanation and initial guidance. For any further clarification or assistance with annulment or nullity of marriage in the Philippines, feel free to contact our team at Duran & Duran-Schulze Law. We are located just in Bonifacio Global City (BGC), Taguig, Metro Manila. You may call us at (02) 8478-5826 (landline) or +639171940482 (mobile), or email info@duranschulze.com.