Instant Annulment

"Instant Annulment" is the term usually used by persons who would ask me if we ofter services that cater to husbands and wives who would want their  marriages instantly nullified or annulled.

My response is always a NO. 

In the early part of my practice I had a client who came in for consultation. The fiance visa application was held in abeyance pending the investigation of the embassy of the partner regarding the validity of the order of annulment emanating from a certain sala here in Mindanao. 

Gut feel also told me that an annulment proceeding or a declaration of  nullity of marriage that terminates in a span of three months is close to impossible.

A cursory reading of the rules on declaration of absolute nullity of  void marriage and annulment of voidable marriage would show that the requirements  would require at least six months for the entire process to run its course. 

This time estimate foresees the best possible scenario. A scenario where there will be no postponements of hearings, no delay in the case study of the social worker and no glitches on the investigation of the prosecutor.

On April 10, 2012 the case of OCA v. Judge Indar A.M. No. RTJ-10-2232 was decided. 

The case is a complaint for gross misconduct and dishonesty against Judge Indar. 

The complaint emanates from the report of the local civil registrar of Manila and Quezon City that Judge Indar issued an alarming number of orders of annulment.

Upon investigation it was found out that anomalies were committed in the issuance of the said orders. The Judge was dismissed from service and disbarred.

The said decision also placed in jurisprudence the concept of instant annulment, though it did not call it as such.

In the said decision the anomaly was described as follows: ".... nothing to show that proceedings were had on the questioned annulment cases. There was nothing in the records to show that (1) petitions were filed; (2) docket fees were paid; (3) the parties were notified of hearings; (4) hearings were calendared and actually held; (5) stenographic notes of the proceedings were taken; and (6) the cases were submitted for decision." 

And that is what we usually call an instant annulment. As to the effect of the said decision on persons who availed of this instant annulment, that would need another blog.