Amendments to A.M. No. 02-11-10-SC Re: Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages and A.M. No. 02-11-11-SC Re: Rule on Legal Separation
OCA Circular No. 96-03, issued on July 31, 2003, announces amendments to the rules regarding the declaration of absolute nullity of void marriages, annulment of voidable marriages, and legal separation in the Philippines. The amendments specify that petitions must be filed in the Family Court of the province or city where either party has resided for at least six months prior to filing, or where a nonresident respondent can be found. In areas without designated Family Courts, cases will be raffled among Regional Trial Court branches in the same station. These changes take effect on August 15, 2003, following publication in a newspaper of general circulation.
July 31, 2003
OCA CIRCULAR NO. 96-03
| TO | : | All Judges and Clerks of Court of the Regional Trial Courts |
| SUBJECT | : | Amendments to A.M. No. 02-11-10-SC Re: Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages and A.M. No. 02-11-11-SC Re: Rule on Legal Separation |
The Supreme Court En Banc in its Resolution dated 08 July 2003, in A.M. No. 02-11-10-SC, Re: Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages and A.M. No. 02-11-11-SC, Re: Rule on Legal Separation, Resolved to AMEND the provisions on venue in A.M. No. 02-11-10-SC and A.M. No. 02-11-11-SC. Thus:
Section 4 of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC) is amended as follows:
"SEC. 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 case of nonresident respondent, where he may be found in the Philippines, at the election of the petitioner. 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 which shall try and decide such cases according to the existing issuances."
and Section 2(c) of the Rule on Legal Separation (A.M. No. 01-11-11-SC) is amended as follows:
SEC. 2.Petition. —
xxx xxx xxx
"(c)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 case of nonresident respondent, where he may be found in the Philippines, at the election of the petitioner. 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 which shall try and decide such cases according to the existing issuances."
These amendments shall take effect on 15 August 2003 following the publication in a newspaper of general circulation.
For the information and guidance of all concerned. cHTCaI
July 31, 2003.
(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator