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

Cases involving the declaration of absolute nullity of marriage and annulment of marriage are included in the coverage of Rule 13-A of the Rules of Court, notwithstanding their classification as special proceedings, because their litigation is procedurally similar to civil actions; no other special proceedings are covered, and the Rule has no suppletory effect on other types of cases.

The Supreme Court's Strategic Plan for Judicial Innovations 2022-2027, adopted in A.M. No. 22-04-26-SC, established digitalization reforms for a technology-driven Judiciary, including the eCourt System Version 2.0 and electronic filing and service. Rule 13-A, approved in A.M. No. 19-10-20-SC, governs mandatory electronic filing and service for civil cases in first- and second-level courts only and expressly excludes special proceedings. Cases for declaration of absolute nullity of marriage and annulment of marriage are classified as special proceedings, with the Benchbook for Trial Court Judges categorizing Article 36 nullity of marriage as a special proceeding. The Office of the Court Administrator recommended their inclusion under Rule 13-A.

The 2019 Amendments to the 1997 Rules of Civil Procedure took effect on May 1, 2020. In A.M. No. 22-04-26-SC, the Supreme Court crafted the Strategic Plan for Judicial Innovations 2022-2027, which laid down reform initiatives toward a technology-driven Judiciary. A key activity under the Innovation outcome was the development of the eCourt System Version 2.0 (eCourt PH 2.0) for digitalization of adjudication, including digital filing and service of pleadings, motions, and other court documents and digital service of court orders in civil cases.

On August 20, 2024, the Court issued the Guidelines on the Submission of Electronic Copies of Pleadings and Other Court Submissions Being Filed Before the Lower Courts Pursuant to the Efficient Use of Paper Rule/Moving Towards Digital Courts: Component One: Transition to Electronic Filing and Service of Pleading, Motions and Other Documents as Well as Digital Services of all Orders in Civil Cases. On November 26, 2024, in A.M. No. 19-10-20-SC, the Court approved the Interim Rule on the Electronic Filing and Service of Pleadings, Judgments, and Other Papers in Civil Cases, which became Rule 13-A of the 1997 Rules of Civil Procedure, as amended by the Resolution dated October 15, 2019 in the same administrative matter.

Rule 13-A provides for mandatory electronic filing and service of pleadings, motions, and other papers for civil cases in the first- and second-level courts only. Under Section 1, Rule 13-A, special proceedings are not covered by mandatory electronic filing and service. Cases concerning the declaration of absolute nullity of marriage and annulment of marriage are currently classified as special proceedings, with the Benchbook for Trial Court Judges specifically categorizing the declaration of nullity of marriage under Article 36 of the Family Code as a special proceeding. The litigation of cases involving the declaration of absolute nullity of marriage and annulment of marriage is procedurally similar to the prosecution of civil actions. Acting on the recommendation of the Office of the Court Administrator, the Court, sitting En Banc, resolved to include these cases under the coverage of Rule 13-A by amending Section 1 of the said Rule.

• Coverage of Nullity and Annulment Cases: Whether cases involving the declaration of absolute nullity of marriage and annulment of marriage should be included in the coverage of Rule 13-A of the Rules of Court despite their classification as special proceedings.
• Scope of the Amendment: Whether the inclusion of nullity and annulment cases should extend to other special proceedings or have suppletory effect on other types of cases.

• Coverage of Nullity and Annulment Cases: Yes. Cases for declaration of absolute nullity of marriage and annulment of marriage are included under Rule 13-A, because their litigation is procedurally similar to civil actions, and Section 1 was amended accordingly.
• Scope of the Amendment: No. Only nullity and annulment cases are included among special proceedings; no other special proceedings are covered, and Rule 13-A has no suppletory effect on other types of cases.

• Coverage of Nullity and Annulment Cases: Rule 13-A previously applied only to civil cases before first- and second-level courts, and Section 1 excluded special proceedings. Nullity and annulment cases are classified as special proceedings, with the Benchbook for Trial Court Judges categorizing Article 36 nullity of marriage as a special proceeding. However, the litigation of these cases is procedurally similar to the prosecution of civil actions. Acting on the recommendation of the Office of the Court Administrator, the Court amended Section 1 to include them under Rule 13-A. The inclusion thus operates notwithstanding their continued classification as special proceedings.
• Scope of the Amendment: The amended Section 1 enumerates two exclusive categories: (1) cases involving the declaration of absolute nullity of marriage and annulment of marriage; and (2) civil cases before first- and second-level courts. It expressly provides that aside from item (1), no other cases falling under the classification of special proceedings shall be covered by the Rule, and that the Rule shall have no suppletory effect on other types of cases. The amendment thus confines the expansion to the specified nullity and annulment cases.

• Electronic Filing and Service under Rule 13-A — Rule 13-A governs 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. It applies exclusively to (1) cases involving the declaration of absolute nullity of marriage and annulment of marriage, and (2) civil cases before first- and second-level courts. The Court applied this by amending Section 1 to add nullity and annulment cases to the Rule's coverage.
• Special Proceedings Classification and Procedural Similarity to Civil Actions — Although cases for declaration of absolute nullity of marriage and annulment of marriage are classified as special proceedings, with the Benchbook for Trial Court Judges categorizing Article 36 nullity of marriage as a special proceeding, their litigation is procedurally similar to the prosecution of civil actions. This similarity justified their inclusion under Rule 13-A notwithstanding the general exclusion of special proceedings.
• Limited Coverage and No Suppletory Effect — The inclusion of nullity and annulment cases does not extend to other special proceedings, and Rule 13-A has no suppletory effect on other types of cases. The Court applied this by expressly limiting the amendment to the enumerated cases.

• "WHEREAS, cases concerning the declaration of absolute nullity of marriage and annulment of marriage are currently classified as special proceedings, with the Benchbook for Trial Court Judges specifically categorizing the declaration of nullity of marriage under Article 36 of the Family Code as a special proceeding;" — This passage establishes the classification that initially excluded these cases from Rule 13-A and frames the need for the amendment.
• "WHEREAS, the litigation of cases involving the declaration of absolute nullity of marriage and annulment of marriage is procedurally similar to the prosecution of civil actions;" — This is the core rationale for including nullity and annulment cases under Rule 13-A despite their special-proceeding classification.
• "NOW, THEREFORE, acting on the recommendation of the Office of the Court Administrator, this Court, sitting En Banc, resolves to include cases involving the declaration of absolute nullity of marriage and annulment of marriage under the coverage of Rule 13-A by amending Section 1 of the said Rule to read as follows:" — This states the operative resolution and the basis for the amendment.
• "Aside from item (1), no other cases falling under the classification of special proceedings shall be covered by this Rule." — This limits the amendment's scope, ensuring that only nullity and annulment cases among special proceedings are covered.

• Section 1, Rule 13-A, 1997 Rules of Civil Procedure (as amended) — Defines the coverage of electronic filing and service; amended to include cases involving the declaration of absolute nullity of marriage and annulment of marriage and civil cases before first- and second-level courts, while excluding other special proceedings and suppletory effect.
• Article 36, Family Code — Cited as the basis for the Benchbook for Trial Court Judges' classification of the declaration of nullity of marriage as a special proceeding.
• 2019 Amendments to the 1997 Rules of Civil Procedure — Took effect on May 1, 2020; part of the procedural backdrop to Rule 13-A.

Alexander G. Gesmundo, Chief Justice; Marvic M.V.F. Leonen, Senior Associate Justice; Alfredo Benjamin S. Caguioa; Ramon Paul L. Hernando; Amy C. Lazaro-Javier; Henri Jean Paul B. Inting; Rodil V. Zalameda; Mario V. Lopez; Samuel H. Gaerlan; Ricardo R. Rosario; Jhosep Y. Lopez; Japar B. Dimaampao; Jose Midas P. Marquez; Antonio T. Kho, Jr. Maria Filomena D. Singh was on leave.