SC: Electronic Filing Required for Annulment and Nullity of Marriage Cases

The Supreme Court (SC), through a Resolution, has mandated the electronic filing and service of cases concerning annulment and nullity of marriage.

 

This is pursuant to an amendment of Section 1 of Rule 13-A of the Rules of Civil Procedure which formerly provided for mandatory electronic filing and service of pleading, motions, and other paper for civil cases in the first- and second-level courts only.

 

While cases involving the declaration of absolute nullity and annulment of marriage are currently classified as special proceedings, the litigation thereof is procedurally similar to the prosecution of civil actions. Accordingly, the Office of the Court Administrator recommended the inclusion of annulment and nullity of marriage cases under the coverage of Rule 13-A of the Rules of Court.

 

It must be noted, however, that other special proceedings remain excluded from the provision in question.

 

The amended provision now reads:

 

“SECTION 1, RULE 13-A. Coverage. – This Rule shall govern the electronic filing of all pleadings, motions, and other papers, as well as their service, except those for which a different mode of service is prescribed. This Rule shall be applicable exclusively in: 

 

1) Cases involving the declaration of absolute nullity of marriage and annulment of marriage; and 

 

2) Civil cases before first- and second-level courts. 

 

Aside from item (1), no other cases falling under the classification of special proceedings shall be covered by this Rule. 

 

This Rule shall have no suppletory effect on other types of cases.”

 

The amendment takes effect following the publication of the Resolution on April 24, 2025.

 

This measure is aligned with the SC’s commitment to digitalize and streamline court proceedings under the Strategic Plan for Judicial Innovations (SPJI) 2022-2027.

 

A primary objective of the SPJI is to develop an eCourt System Version 2.0 (eCourt PH 2.0) whose key component is the digital filing and service of court documents and orders in civil cases.

 

The full text of the subject Resolution [A.M. No. 25-01-13-SC (Re:  Inclusion of the Declaration of Absolute Nullity of Marriage and Annulment of Marriage in the Coverage of Rule 13-A of the Rules of Court, February 4, 2025)] may be read here. Other relevant SC issuances are A.M. No. 19-10-20-SC (2019 Proposed Amendments to the 1997 Rules of Civil Procedure, Rule 13-A Interim Rule on the Electronic Filing and Service of Pleadings, Judgments, and Other Papers in Civil Cases) and  A.M. No. 10-3-7-SC, A.M. No. 11-9-4-SC (Guidelines on Submission of Electronic Copies of Pleadings and Other Court Submissions Being Filed Before the Lower Courts Pursuant to the Efficient Use of Paper Rule).