Registered Decree proves marriage annulment

Registered Decree proves marriage annulment "My husband and I separated in 1995, after nine years of marriage. We have two children, six and five years old at that time. I did not contest the petition to have our marriage declared null and void when he filed it in 2008. The court finally declared our marriage null and void in 2009. However, since the finality of that order, my husband has not submitted to the NSO the decision for annotation in our marriage contract. Kindly enlighten me on the following: Is our marriage officially annulled even without the decree being annotated in the NSO marriage contract? Can I now use my maiden name especially in my passport and bank account? If not, what is my course of action to compel my husband to comply with the NSO annotation requirement? Can I just go to the NSO to submit a copy of the decree? Is there a prescription period in the submission of such a copy? Mrs. SeparatedDear Mrs. Separated, After the court renders a decision granting the nullity or annulment of marriage, it shall issue a Decree after 1) Registration of the entry of judgment granting the petition in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the Family Court is located (2) Registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located and (3) The delivery of the children’s presumptive legitime in cash, property, or sound security (Section 22, A.M. 02-11-10-SC, RE: Proposed Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, herein referred to as the Rules).But even if the court has already issued a Decree of Annulment or Nullity of Void Marriage, the same must be registered in the Civil Registry where the marriage was registered, the Civil Registry of the place where the family court is situated, and in the National Census and Statistics Office. A Registered Decree shall be the best evidence to prove the declaration of absolute nullity or annulment of marriage and shall serve as notice to third persons concerning the properties of spouses as well as the properties or presumptive legitime delivered to common children. It is the responsibility of the prevailing party to cause such registration. He shall then report to the court compliance therewith within 30 days from receipt of the Decree (Section 23, A.M. 02-11-10-SC). In your situation, your marriage is already annulled even without the Decree being registered with the National Statistics Office (NSO) as the annulment may be proved by the Decree or Decision itself. However, as above stated, third persons may not acknowledge the annulment of marriage because it is not registered with the appropriate agencies, such as the NSO. Hence, your application for amendment of your name in your passport and bank account may be denied because of the non-registration.You also stated that your husband, who is the prevailing party, has neglected to register the Decree to the appropriate agencies. You cannot perform the duty of your husband because A.M. 02-11-10-SC has expressly specified the prevailing party to cause the registration. In your situation, you may file a motion in court for the issuance of an Order directing your husband to comply with this requirement. As to the prescription period, A.M. 02-11-10-SC has not mentioned a period for the registration thereof. It merely provides that the prevailing party shall report to the court the compliance of its duty within 30 days from his receipt of the Decree. Please be reminded that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/