Short answer. The verified petition must allege with particularity the facts and law supporting annulment and the petitioner's good and substantial cause of action or defense, attach a certified copy of the judgment, include supporting affidavits or documents, and carry a certification against forum shopping.
What the law says
The action shall be commenced by filing a verified petition alleging therein with particularity the facts and the law relied upon for annulment, as well as those supporting the petitioner's good and substantial cause of action or defense, as the case may be.
Rule 47, Section 4 — Filing and contents of petition. Read the full provision →
What the law says
The petitioner shall also submit together with the petition affidavits of witnesses or documents supporting the cause of action or defense and a sworn certification that he has not theretofore commenced any other action involving the same issues
Rule 47, Section 4 — Filing and contents of petition. Read the full provision →
Particularity is required, not general allegations
An annulment petition cannot rest on vague assertions. Section 4 requires a verified petition alleging therein with particularity the facts and the law relied upon for annulment, as well as those supporting the petitioner's good and substantial cause of action or defense, as the case may be. The petitioner must show, in specific terms, both why annulment is warranted and that there is a genuine underlying case worth reopening.
A certified copy and supporting evidence
Beyond the allegations, the petition must attach a certified true copy of the judgment being challenged, together with affidavits of witnesses or documents supporting the cause of action or defense and a sworn certification that he has not theretofore commenced any other action involving the same issues in another forum. These supporting materials give the allegations something concrete to stand on rather than leaving them as bare assertions.
Why both elements — annulment grounds and the underlying case — matter
The petition has to do double duty: it must justify annulling the prior judgment and demonstrate that the petitioner actually has a good and substantial case to pursue once the judgment is set aside. A petition that only attacks the old judgment without showing a substantial cause of action or defense falls short of what Section 4 demands, since annulment is meant to reopen a real dispute, not simply erase an unwanted result.
Verification carries its own significance
Requiring the petition to be verified, rather than filed as an ordinary unsworn pleading, underscores how seriously the Rules treat the allegations underlying an annulment petition. A petitioner attests under oath to the truth of the facts alleged, which reinforces why particularity matters — vague, unverifiable claims do not fit comfortably within a document the petitioner has sworn to as accurate, and an unverified or defectively verified petition risks being treated as if no petition had been filed at all.
Related provisions
- Rule 47, Section 4 — Filing and contents of petition
- Rule 47, Section 1 — Coverage
- Rule 47, Section 5 — Action by the court