OSG will no longer automatically appeal annulment cases granted by RTCs
The Office of the Solicitor General will now review annulment cases before deciding to appeal, allowing the regional trial court’s decision to stand if no appeal is filed.
Solicitor General Darlene Berberabe explained that the new policy is based on the Supreme Court's liberal interpretation of the law.
“Ngayon po, gawa na rin ng recent trend sa mga usapin po ng divorce, kung ano po yung mga liberalized interpretation as well by the Supreme Court, yung mga moves po sa legislature as well, marami na rin pong mga rulings na parang nile-liberalize po yung rules of evidence on separation. So ang ginagawa po namin ngayon sa OSG ay magkaroon ng determination... ng independent assessment muna,” Berberabe said during a Senate hearing on Oct. 21.
She also cited the office's limited resources as its reason to halt the automatic appeal.
“Hindi naman po maaring lahat na lamang ay i-aakyat if we do not also make that independent evaluation,” she said.
Berberabe said that the OSG is currently handling around 450,000 active cases from the government and all of its instrumentalities, including the state universities and colleges. Of these, 20% or about 80,000 of the cases are marriage-related.
“Kapag po may decision sa regional trial court, kung na grant po ang annulment or declaration of nullity, si OSG nagkakaroon ng determination kung ia-appeal pa sa court of appeals, or hindi," she added. If the case does not warrant an appeal, Berberabe said that the decision of the lower court will stay.
According to Berberabe, the previous Solicitor General had a policy that annulment granted by the RTC is subject to automatic appeal.
Berberabe was appointed to the post in May of this year, following Menardo Guevarra's courtesy resignation.
