Why does the court involve a prosecuting attorney in annulment cases?
The state maintains a profound legal interest in protecting the institution of marriage from unwarranted or illegal dissolution. To prevent fraudulent annulments, the court actively orders a prosecuting attorney or fiscal to formally intervene. This mandatory procedural safeguard is dictated by Article 48 Family Code of the Philippines. The attorney’s primary duty is to strictly prevent collusion between the parties and ensure evidence is not fabricated. “Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.” 31-Jul-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
