In annulment and nullity cases, the State has an interest in preserving marriage, so the case cannot simply be won by the spouses agreeing. The court requires the public prosecutor to investigate whether there is collusion between the parties — that is, an agreement to fabricate or suppress evidence to obtain a decree that is not truly warranted. If the respondent does not file an answer, the court orders the prosecutor to determine that no collusion exists and that the evidence is not fabricated before the case proceeds. The Office of the Solicitor General also participates on behalf of the State. This is why a genuine, well-proven ground is essential; a staged or uncontested case invites dismissal.
Many people assume that if both spouses want an annulment, it is easy. The opposite is true: because the State protects marriage, the law actively guards against a rigged, agreed-upon case.
Marriage Is Not an Ordinary Contract
Unlike an ordinary dispute, an annulment or nullity case involves the State's interest in the institution of marriage. The parties cannot simply stipulate their way to a decree. The court must be genuinely convinced that a real ground exists and is properly proven.
What Is Collusion?
Collusion is an agreement between the spouses to obtain a decree by fabricating or suppressing evidence — for example, one spouse deliberately not defending, both inventing a ground, or manufacturing testimony. Because such an agreement would defeat the State's interest, the law requires it to be screened out.
The Role of the Public Prosecutor
When the respondent does not file an answer, the court does not simply grant the petition by default. Instead, it orders the public prosecutor (fiscal) to investigate whether collusion exists and to ensure the evidence is not fabricated. The prosecutor submits a report. Only if there is no collusion does the case proceed to trial on the merits. Even then, the prosecutor may appear to see that the evidence is not suppressed or manufactured.
The Office of the Solicitor General
The Office of the Solicitor General (OSG) represents the State in these cases and may participate, receive notices, and even appeal. This is another layer ensuring that decrees of nullity or annulment are granted only on genuine, proven grounds — not by the private convenience of the spouses.
What This Means for Your Case
- You cannot “agree” your way to a decree — a staged, uncontested case invites dismissal;
- You need a real, well-documented ground and credible, non-fabricated evidence;
- Expect the prosecutor and OSG to be involved, especially if the other spouse does not actively participate.
Practical Takeaways
- The State actively screens annulment and nullity cases against collusion;
- If the respondent does not answer, the court orders a collusion investigation before proceeding;
- Build a genuine case — that, not mutual agreement, is what wins.
Frequently Asked Questions
Can spouses just agree to an annulment? No. Because the State protects marriage, the case cannot be won by agreement. The court guards against collusion and requires a genuine, well-proven ground, so a staged or agreed-upon case invites dismissal.
What is collusion in an annulment case? Collusion is an agreement between the spouses to obtain a decree by fabricating or suppressing evidence, such as inventing a ground or staging non-defense. The law requires it to be screened out.
What does the prosecutor do? If the respondent does not file an answer, the court orders the public prosecutor to investigate whether collusion exists and ensure the evidence is not fabricated. Only if there is no collusion does the case proceed.
Why is the Office of the Solicitor General involved? The OSG represents the State in annulment and nullity cases and may participate, receive notices, and appeal, ensuring decrees are granted only on genuine, proven grounds.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.