Once a case clears the collusion check, it moves into pre-trial and then trial — and here the rule departs from an ordinary civil case in a specific way: it does not let the judge hand the fact-finding off to anyone else. This page covers that stretch of the case, from the pre-trial conference through to the point the matter is considered ready for decision.

  1. Pre-trial is mandatory, and your pre-trial brief is due at least three days beforehand

    A pre-trial conference is mandatory in every case under the rule. The court sets it after the last pleading has been served and filed, or once the public prosecutor's report finds no collusion, and its notice directs the parties to file and serve their pre-trial briefs in a manner that ensures the other side receives it at least three days before the pre-trial date.

    A.M. No. 02-11-10-SC, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (2003), Section 11. Read the source →

  2. A social worker's case study can also be required, due on the same three-day clock

    The court may require a social worker to conduct a case study and submit the corresponding report at least three days before the pre-trial, and may order a further case study at any other stage of the proceedings if it becomes necessary.

    A.M. No. 02-11-10-SC, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (2003), Section 10. Read the source →

  3. The presiding judge personally hears the trial — the grounds have to actually be proved

    The presiding judge must personally conduct the trial of the case; no delegation of the reception of evidence to a commissioner is allowed, except as to matters involving the property relations of the spouses. The grounds for nullity or annulment must be proved on the record — the rule does not allow a judgment on the pleadings, a summary judgment, or a judgment based on the respondent's confession.

    A.M. No. 02-11-10-SC, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (2003), Section 17. Read the source →

  4. After trial ends, both sides get fifteen days to submit memoranda before the case is deemed submitted

    The court may require the parties, and the public prosecutor in consultation with the Office of the Solicitor General, to file memoranda supporting their claims within fifteen days from the date the trial is terminated. Once that period lapses the case is considered submitted for decision, whether or not the memoranda were actually filed.

    A.M. No. 02-11-10-SC, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (2003), Section 18. Read the source →

The personal-hearing requirement is not a formality — it reflects that a nullity or annulment decree affects civil status and third parties, not just the two spouses, so the rule will not let the finding of fact be outsourced. That is also why the case cannot be shortcut by a default judgment or a stipulation between the parties.

Note. This page describes a procedure by reference to the issuances that create it. It is general legal information from Vivas & Nobles Law Office, not legal advice. Deadlines, offices and requirements can shift with new circulars; a lawyer reviewing your specific facts is the safer path than acting on this alone.