One of the frequently asked questions that I encounter from Overseas Filipino Workers on Facebook is can they file a petition for declaration of nullity or annulment of their marriage. So as to start the ball rolling and they can just come home from time to time for the necessary appearance.
The answer to this question is yes.
The number one stumbling block in filing a petition for declaration of nullity or annulment is usually how the verification and certification of non-forum shopping be notarized considering that the lawyer hired is located here in the Philippines and the client is abroad.
Section five paragraph three of the Rule on declaration of absolute nullity of void marriages and annulment of voidable marriages allows for the verification and certification to be authenticated by "the duly authorized officer of the Philippine embassy or
legation, consul general, consul or vice-consul or consular agent in
said country."
Thus the petitioner can send back the authenticated petition to her lawyer and the lawyer can file the petition in court and the ball can start rolling without the presence of the petitioner here in the Philippines but she still has to appear for most parts of the proceedings.
