1 CASE FLOWSources The Family CodeA.M. 02-11-10-SCA.M. 02-11-12-SC 1.

. Filing of petition We will file the petition in the family court of Makati City. The Rules give us3 alternatives 1 but the Makati court would be the most convenient venue for you.Provisional Orders upon receipt of the petition, the court may issue motuproprio (without you applying for it, by its own volition) or upon your applicationunder oath, provisional orders such as support, custody, visitation rights, etc., 2. Service of summons by the (by the clerk of court) and filing of answer The court will then serve respondent with summons. In laymans term, this is to notify him of the pending petition for declaration of absolute nullity/annulmentof your marriage.He is given 15 days (in case summons is served personally) or 30 days (incase of summons by publication) to answer your petition. If he fails to answer or despite filing an answer he does not contest your petition, the court will order theprosecutor to investigate whether collusion exists between you and respondent.Collusion implies a corrupt agreement between the spouses and rendersdismissible any annulment or nullity case initiated through the same. 2 if you makeit appear that your marriage is defective, or you merely fabricate evidence inorder for the court to grant your petition, then there is collusion.If the prosecutor finds that collusion exists, you are given the chance to fileyour respective comments within 10 days from receipt of a copy of the fi scals report. The court shall set the report for hearing and if convinced that there iscollusion, it shall dismiss the petition. 3.

Pre-trial Before proceeding to trial, a pre-trial conference is mandatory. You or your counsel should prepare a pre-trial brief 3 and if you fail to do so, the case will 1 The petition may be filed in the following family courts, at your election:(a) In the family court where you (petitioner) have been residing for at least 6 months prior to the date of filing.(b) In the family court where your spouse, Respondent Ramoncito Santos has been residing for at least 6months prior to the date of filing.(c) In case he is a non-resident respondent, where he may be found in the Philippines. 2 Sta. Maria, Melencio, Persons and Family Relations Law (2010 Ed.) at page 317. 3 The pre-trial brief shall contain the following:(a) A statement of the willingness of the parties to enter into agreements as may be allowed by law, indicatingthe desired terms thereof