Dear Atty. Nico,

Good day to you, sir. I would like to consult with you my marital dilemma. I want to have my marriage with my estranged husband annulled.

When we were in a relationship, I felt like he was not really serious. He was not financially stable and had trouble finding work. However, I became pregnant to our son and was forced to marry him by our families.

After we got married, he became worse. He preferred to be with his friends more while drinking booze and gambling in casinos. The worst part was his admission of having an affair. All of these had a toll on me physically, emotionally and psychologically.

My problem now is, will there be a problem if I get my mother-in-law as well as my husband’s brother to testify on my behalf as they both agreed that my husband was really incapable of fulfilling his marital obligations?

Thank you for making time to answer my query.

Anne

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Dear Anne,

According to recent jurisprudence, there is no legal obstacle in having your mother-in-law and brother-in-law as your witnesses against your husband.

In the case of Republic of the Philippines v. Ma. Theresa Ramoran-Wong and Vincent L. Wong, the Court held that while the RTC declared that Vincent consented to his father and cousin serving as witnesses to Theresa’s Petition, it did not categorically state that Vincent and Theresa colluded to have their marriage declared void ab initio. It further emphasized that the parties’ mutual desire to void their marriage does not necessarily equate to collusion. A lack of objection is not the same as collusion.

In the absence of any evidence that the parties conspired to fabricate a matrimonial offense or colluded to obtain a declaration of nullity without valid grounds, a finding of collusion is unwarranted. It should never be discounted that the severity of the spouses’ marital conflicts is reason enough to encourage relatives from both sides to come forward and testify.

Applying the said ruling to your case, there is no problem in having your in-laws as witnesses for as long as there are other material evidences which can sufficiently establish the psychological incapacity of your husband.

Atty. Nico Antonio