Thursday, October 1, 2015

Church Annulment Requirements of the Diocese of San Pablo

Rev. Fr. Ricardo de Luna, the judicial vicar of the Diocese of San Pablo have replenish with copy of this documents to help out those who seek for annulment in the Catholic Church. I have to transcribed it here for the digital form. Please be careful not to substitute annulment with divorce. Annulment is a process from which their is a valid result that the marriage validity is defective since the beginning. In reality there is no marriage really that took place. An annulment is a declaration by a Church tribunal (a Catholic church court) that a marriage thought to be valid according to Church law actually fell short of at least one of the essential elements required for a binding union. A valid Catholic marriage results from five elements: (1) the spouses are free to marry; (2) they freely exchange their consent; (3) in consenting to marry, they have the intention to marry for life, to be faithful to one another and be open to children; (4) they intend the good of each other; and (5) their consent is given in the presence of two witnesses and before a properly authorized Church minister. Exceptions to the last requirement must be approved by church authority. An absence of any of the elements stated above can be considered is considered null and void. However, the Catholic Church tribunal must decide for it as the proper venue to be officially considered as void.

If I can find some time I will comment also to the reform of Pope Francis on Church Annulment, this is the regular procedure which the Diocese of San Pablo takes into account even with the reform given by Pope Francis on Mitis Iudex Dominus Iesus (“The Gentle Judge, The Lord Jesus”)


1)


DIOCESAN TRIBUNAL
Diocese of San Pablo
M. Paulino St., San Pablo City
Tel Nos. : (049) 561-1857 Loc. 106


INSTRUCTION FOR USING PRELIMINARY QUESTIONAIRE

1. This form is designed to help you, tle Petitioner, to express your interest in seeking a canonical decision regarding the spiritual validity of your former marriage(s). The form you are about to complete is only a Preliminary Questionnaire designed to cover all possible marriage cases. The information you give is important for us to determine whether or not the Tribunal can be of help. If there appear to be sufficient grounds on which to accept your case, we will notify you. An application
fee of P500.00 should be attached to your formal petition.

2. Any information you give to the Tribunal could made available to your former spouse in formal process. The other party has the right to petition to review such Information either in person or through their duly appointed proxy (Procurator/Advocate). No confidentiality can be requested or granted. Therefore,whatever you tell us must be provable either through documents or sound testimony. Claims which cannot be substantiated are of little or no help.

3. This and all other forms and questionnaires must be signed before a duly authorized notary of the Tribunal.

4. ALL addresses, zip codes and telephone numbers requested must be correct and complete. It is ESSENTIAL that we have a complete, current address for the respondent. Unnecessary delays will occur if this information is not complete.

4. Any civil or religious documents requested MUST BE CERTIFIED or notarized by the appropriate or ecclesiastical authorities. Mere photocopies are not acceptable in civil or ecclesiastical courts as legal documents.

UNDER NO CIRCUMSTANCES should you be given any false hopes about a favourable solution to this matter. SET NO WEDDING DATES unless and until a Decree of Nullity has been issued to you by the proper Church authority.

There are many others seeking canonical decision about their former marriages. This procedure will take much time and effort on your part and ours. Your case will be heard in sequential order behind the other cases already pending in the Tribunal.

Please contact us either by telephone or in writing every seven to eight weeks to check on the progress of your case.

Rev. Fr. Ricardo De Luna, jcl
Judicial Vicar




2)

DIOCESAN TRIBUNAL
Diocese of San Pablo
M. Paulino St., Sm Pablo City
TeL Nos.: (049) 561-18571oc 106

GENERAL INFORMATION SHEET

Name of  PETITIONER

Residence

Tel No.

Parish

Date & Place of Birth
Baptism (Church)
Date:

Name of Father
Religion
Name of Mother
Religion

Schools Attended





Name of RESPONDENT:

Residence

Tel. No.
,
Parish

Date & Place of Birth
Baptism (Church)
Date:

Name of Father
Religion
Name of Mother
Religion

Schools Attended

Marriage (Church) :
Date:

Where did they live together?
How long?

Date of Separation :

Children (Please indude names):

Was marriage brought to the civil court?




3)




BILL OF COMPLAINT



THE REVEREND JUDICIAL VICAR
Diocesan Tribunal
Diocese of San Pablo
M. Paulino St., P.O. Box 8
San Pablo City

I, ____________________________________________________ born on _____________________ in ____________________________ to ______________________________________ and ________________________________________ baptized as a _________________________on  ________________________________ at _______________________________ and presently residing at _______________________________________________________________ and MARRIED ________________________________ on _______________________________________ at  _______________________________________.


My spouse was born on __________________________________________________ in  __________________________ to ________________________________________ and __________________________________ also baptized as a _______________________________ at __________________________________________ presently residing at ____________________________________

It is my firm conviction that the said marriage is NULL and VOID ab initio before the eyes of the Catholic Church because of ____________________________________

In support of this conviction, I offer the following facts enclosed in my CASE HISTORY.

Wherefore, I request that jurisdiction of this cause be taken up by this TRIBUNAL and that the Respondent be cited to appear and answer this allegation. I further request that this Tribunal, upon hearing the case, give a declaration that my marriage to the above-mentioned Respondent is NULL and VOID from the very beginning on the strength of the alleged ground.



______________________________
PETITIONER

Date:




4)




STATEMENT OF PETITIONER


1. I have read and fully understood the policies of the Diocesan Tribunal of the Diocese of San Pablo and I hereby agree to all the stipulations contained therein.


2. Moreover, it is my duty to provide the Tribunal with all the required documents as well as a complete, current and accurate list of all my witnesses. I agree to inform them that said Tribunal will contact them. I will make myself available for personal testimony.


3. If the Tribunal is able to decide this case, there is no guarantee that the final decision will be favorable to me. I also understand that no guarantee can be given to me about when the canonical process will be completed.


4. I understand that I may not set a date for any future marriage in the Catholic Church until, and if, an affirmative decision is given and approved by a second ecclesiastical confirmatory decision. I understand that no priest or deacon may provide me with even a tentative date for a future marriage in the Catholic Church.


5. A decision depends wholly on the merits of the case, the evidence and the exact
reasons, which the Church recognizes as grounds for nullity. I understand that if an
affirmative decision is reached:

a. either the defender of the bond or my spouse may appeal it and;
b. stipulation against a subsequent marriage may be placed on me pending an assessment of my readiness to live out a sacramental marriage. Anyone of these may delay my ability to set a date for a forthcoming marriage in the Catholic Church.


6. I understand that the Tribunal staff is bound by oath to confidentiality. Because of the sensitive nature of the information gathered in this process and because the Tribunal wishes to promote the spirit of Christian charity, all the information gathered in the course of this investigation is considered to be exclusive, confidential property of the Tribunal of the Diocese of San Pablo. This information
is never made available except as required by Catholic Church law for inspection by the Procurator/Advocate for the Petitioner or'the Respondent" The Judge may curtail the availability of the information even to the Procurator/Advocate for special reasons thrat he determines to avoid serious dangers. The information is not made available to the witnesses or for any civil proceedings.

7. I will inform the Tribunal.of any future change in my name, address or my civil status.


AFFIDAVIT OF PETITIONER


I AGREE TO COOPERATE FULLY WITH THE TRIBUNAL AND TO BE BOUND BY THE POLICIES IN THE ABOVE STATEMENT. I SWEAR THAT THE CASE HISTORY, WHICH I SUBMIT WITH THIS AFFIDAVIT, IS THE WHOLE TRUTH.





Signature:


Date:




5)


DIOCESAN TRIBUNAL
Diocese of San Pablo
M. Paulino St., San Pablo City
Tel Nos. : (049) 561-1857 Loc. 106



HOW TO MAKE A CASE HISTORY

Address to : The REVEREND JUDICIAL VICAR
DIOCESAN TRIBUNAL
Diocese of San Pablo
M. Paulino St, San Pablo City

CONTENTS

?
L. FAMILY BACKGROUND of BOTH PARTIES


a) PARENTS


What kind of work did they do? How did they relate to family and friends? How did they practice their religion? How did they get along together? where there any problems in their marriage? Discuss how you related to each parent" How did they raise their children? Did they both raise you? Did they allow you to become independent? Did they take in interest in you and your development? Were they
over protective? Did they set realistic goals for you?- Which parents was dominant as far as you were concerned? Did you feel rejected by either? Did you feel deprived of anything while growing up? Didyou over-come this later? Did you dislike any household member?   Did either parent feel inferior?  Did either have psychiatric care? Were there any unusual burdens- the family faced while grew up? were there any history of divorces, emotional problems in your parents?


b) Your BROTHERS and SISTERS:

List of names and dates of birth in chronological order, including yourself. How did you relate to each other? Howwere they raised in comparison to you? How did they influence your attitudes, marriage, etc,? Are you still in regular contact with them?


c) Your EDUCATION:

where did you attend school? what type of student were you? Did you fail any grades or quit school early? lf so, give ihe reasons-. Explain any problems in school either with studies or friends. What grade level of school did you complete?


d) ADOLESCENCE:

Where there happy times? Why or why not? Did any special experience have a great effect on you? How did you relate to boys and girls? What was your parents attitude towards sex and marriage? How did you react to sex? When did you first start to date? Where there any serious relationships or other engagements? Tell when and how serious relationship ended. Were you ever in love with someone other than your former spouse? Had you experienced any sexual relationships before marriage? Did you have any serious illness while growing up? How much contact did you have with your former spouse's family prior to the marriage? Did you have any serious illness while growing up? How much contact did you have with your former spouse's family prior to the marriage? What contact did you have with your former spouse's family prior to the marriage? What was your impression of his/her family? Did you feel comfortable with the attitudes and values of your former spouse's family (were these above or below your expectations?) How did
your spouse treat his/her parents, brothers and sisters?



e) Your FORMER SPOUSES FAMILY:

Answer sections (a) through (d) parents, brothers and sisters, education and adolescence) regarding your former spouse (indicate all that you know about him/her in these areas)


2. CHARACTER DESCRIPTION of BOTH PARTIES:

Discuss moods and temperaments, positive and negative traits, hobbies, etc.


3. COURTSHIP .

When and how did you meet? How old are you both? What was your first impression of your former spouse? How long and often did you date before the engagement? How did your family react? Did you get along with your in-laws? Was the engagement broken? How long did the engagement last? What made you decide on the engagement? Was the marriage date advanced? How did you show affection? Did your life change in any significant events during courtship? Did either of you have serious doubts about the marriage? Did anyone counsel you about them? How did you and/or your former spouse deal with these doubts? Were both able to make a sensible, mature and balanced decision to marry? How much pre-marriage preparation didyou have? Did anyone caution either of you about this marriage? Briefly describe each of your personalities at the time of your courtship? What attracted you to your spouse? How much contact did your family have with your former spouse during the courtship? How did she/he get along with your family? What was your family's feeling about your spouse during tie courtship? Did both families encourage the relations to continue?


4. CIVIL WEDDING, if any: CHURCH WEDDING:

Did anything unusual happen during the wedding and/or resenting? (lf this marriage was a Church validation of a civil marriage: Why did you have the marriage validated?) Describe fully the attitudes each of you had about this. Were. there difficulties or pressures at that time? What prompted you to have the marriage in Church? How was your common life at that time? How long and where was the honeymoon? Did anything unusual happen during the honeymoon? If so, please explain. Was there any physical or emotional distress as a result of the honeymoon or early days of your common life? Was the marriage consummated? If the marriage was not consummated please explain why it was not? How did you feel about the quality of your sexual life? How did your former spouse feel about it? Explain any difficulty on your sexual life? Did either refuse the other?


5. MARRIED LIFE:

How did each of you have to adjust to make the marriage work? How long was it happy for both? Who was the dominant spouse and how did the other react? Were you equals? Could you discuss problems as partners? How well did each of you fulfill the needs of the other? What are the major dissensions in the marriage? When did they arise? What cause them? How did each of you respond? How could you portray your arguments? Was there ever abuse? How did you communicate your differences, problems, and conflicts? Any moral or character problems (lying, cheating stealing, arrest, imprisonment, trouble with civil authorities?) Was there any use of drugs or alcohol? Did this cause problem?


CHILDREN:

Did the presence or absence of children hurt your relationship? How did you deal with this? How did each of you relate with your children? Who was more responsible for their material needs, their upbringing and their guidance? Were both of you interested in them? Was either party abusive (physically, emotionally or verbally) or domineering?


SEPARATIONS:


What brought about the first separation? Please describe the first separation in detail. What was the cause of subsequent separations? How many times did you separate before the final separation? How much effort did either seek counselling? What was the actual date when you ceased living together? What caused this?


WORK HISTORY:


Did you both work? Did either of you change jobs frequently? Any problems with co-workers or superior? Did either party's job cause marital problems?

CONCLUSION: :

From your point of view, explain why the marriage failed. How have the lives of each of you been the separation? Has anything significant happened since then?


10. LIST of WITNESSES:


Please list persons who have knowledge of your family background, childhood or marital situation and who would provide us information. You must contact them before presenting them. We suggest you include your parent siblings and friends from courtship. Please make an effort to include witnesses from your side and from your former spouse's side. If they inquire about confidentiality, please inform them that it is the Tribunal's policy to always keep strict confidentiality. You must give
complete and current names, addresses and phone numbers. There is no limit to the numbers of witnesses. We will contact them initially by mail, or if the parties so desire, they may hand carry the communications to them. Also, list all the counselors, psychologists and psychiatrists either of you saw before, during pre alter the marriage. If either of you was hospitalized for any nervous/mental difficulty before, during or after the marriage please list names and address of the hospital and which party.




Signature


Date of Submission

NOTE:



1.The Case History should be type written, in triplicate and either hand carried or send by mail.
2. The evaluation of the merits of the petitioner will depend largely on the completeness.of the Case History
3. The Case History should be submitted together with the GENERAL INFORMATION SHEET and a BILL of COMPLAINT (duly filled up and signed by the Petitioner).



DOCUMENTS REQUIRED:

(2) I.D. pictures of both parties, BAPTISMAL CERTIFICATES of both parties, MARRIAGE
CONTRACT and other documents pertinent to the case.



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