Title I — Marriage
Article 48
ELI5— what this means for you
In cases of nullity or annulment of marriage, the State is an interested party. A public prosecutor (fiscal) must appear in court to investigate whether there is collusion between the spouses — that is, whether both parties are cooperating to get an annulment that is not genuinely warranted. The court cannot grant the petition without this safeguard.
Key point
Courts cannot rubber-stamp annulments. The fiscal must actively check for collusion between spouses.
Official text — EO 209
In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.
In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment. (88a)
Source: lawphil.net (EO 209 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.