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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Under A.M. No. 25-01-13-SC, the Supreme Court En Banc expanded Rule 13-A of the Rules of Civil Procedure, which mandates electronic filing and service of pleadings, motions, and other papers in civil cases in the first- and second-level courts.
Before this, Rule 13-A did not cover special proceedings like annulment and nullity of marriage cases.
Section 1 of Rule 13-A of the Rules of Civil Procedure provides that this Rule shall govern the electronic filing of all pleadings, motions, and other papers as well as their service, except those for which a different mode of service is prescribed.
In the Resolution of the Supreme Court En Banc, cases concerning the declaration of absolute nullity of marriage are currently classified as special proceedings, with the Benchbook for Trial Court Judges specifically categorizing the declaration of nullity of marriage under Article 36 of the Family Code as a special proceeding.
The litigation of cases involving the declaration of the absolute nullity of marriage and annulment of marriage is procedurally similar to the prosecution of civil actions.
Acting on the recommendation of the Office of the Court Administrator, the Supreme Court En Banc resolved to include cases involving the declaration of absolute nullity of marriage and annulment of marriage under the coverage of Rule 13-A by amending Section 1 of the said Rule to read as follows:
“Section 1. Coverage. – This Rule shall govern the electronic filing of all pleadings, motions, and other papers, as well as their service, except those for which a different mode of service is prescribed. This Rule shall be applicable exclusively in:
- Cases involving the declaration of absolute nullity of marriage and annulment of marriage; and
- Civil cases before first- and second- level courts.
Aside from item (1), no other cases falling under the classification of special proceedings shall be covered by this Rule.
This Rule shall have no suppletory effect on other types of cases. (Amendments underscored)”
Related Articles:
- The Supreme Court Decides: Family and Friends’ Testimonies Can Prove Psychological Incapacity in Nullity of Marriage Cases
- Can the guilty spouse seek the nullity of a bigamous marriage? (Quirit-Figarido v. Figarido, G.R. No. 259520, November 5, 2024)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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