Is Getting An Annulment Now Easier For Filipinos? A Lawyer Weighs In On The OSG's New Policy

The Philippines remains one of only two countries in the world without a divorce law alongside the Vatican. Yet, according to Solicitor General (SolGen) Darlene Berberabe, about 20% of the 450,000 cases handled by the Office of the Solicitor General (OSG) are related to marriage.

Because of this, she announced that the OSG will no longer automatically appeal annulment and declaration of nullity of marriage cases granted by the Regional Trial Court (RTC), which used to be the standard procedure, unless there is evidence of collusion.

"Marami na rin pong mga rulings na parang nile-liberalize po yung rules of evidence on separation, so ang ginagawa po namin ngayon sa OSG ay magkaroon ng determination, ng independent assessment muna," Darlene said during the Senate hearing on October 21, 2025.

"Hindi naman po maaaring lahat na lamang ay iakyat if we do not also make that independent evaluation," she added, explaining that this move aims to liberalize the interpretation of the law and improve the efficiency of the office.

For context, filing an automatic appeal has long been one of the OSG's key roles in annulment cases, primarily to uphold the sanctity of marriage. When RTC grants a petition for annulment or declaration of nullity, the OSG acts as the opposing party challenging the decision. This process often made annulment cases tedious and time-consuming.

Now, the question continues to loom: Will this new policy make annulment easier for Filipinos?

Atty. Kristy Jane Balino, Executive Director at Philippine Institute of Dispute Resolution and Arbitration, Inc., explained that annulment and nullity of marriage, are two different legal concepts with distinct effects on marriage contrary to popular belief.

"Annulment is a legal concept that allows the dissolution of marriage upon the happening of several factors discovered during the marriage like fraud, it does not per se erase that the marriage happened," Atty. Balino told Cosmopolitan Philippines in an interview.

"On the other hand, nullity of marriage, under what has been colloquially referred to as annulment by many, refers to the presence of psychological incapacity that would render the marriage void from the beginning," she added.

Kristy emphasized that the process for both annulment and nullity of marriage depends on several factors, such as the availability of evidence, securing witnesses, and other administrative and legal tasks, which typically make proceedings lengthy, even at the lower courts.

"This alone would take months depending on the availability, on the other hand, once a case is filed, the number of witnesses as well as the official court calendar for cases dictates how long the proceeding would go at the first level courts,” she clarified.

"If the petition is granted and either the opposing party or the government appeals, the period for the Court of Appeals all the way to the Supreme Court has never been set in stone and varies but it would take years to get a finality of the decision," she added.

With the OSG's new policy to revoke the automatic appeal, Kristy noted that this development could offer hope to many Filipinos who have long been caught in difficult marriages and seek to annul their marriage.

"I believe that the automatic appeal, which is a highly unpredictable process in itself, will give confidence to those who have been trapped in a loveless and sometimes, hurtful marriage, for so long that there is light at the end of the tunnel, to avoid the reality of prolonging their suffering," she said.

However, from a legal standpoint, Atty. Balino clarified that the change will not significantly affect how lawyers handle annulment cases, which will continue to demand due diligence and careful preparation.

While lawyers cannot promise the "unattainable" and must always be prepared for all circumstances, Kristy emphasized that this move sends a message that Court decisions on annulment are taken with utmost integrity and compliance with the law.

"With the time and effort the litigants and courts spent during trial are recognized to have been issued with the highest integrity and compliance with the law, and only in highly meritorious cases should such grant be overturned," she concluded.