Introduction

In the Philippine legal system, marriage is regarded as a special contract of permanent union between a man and a woman, governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). Unlike many jurisdictions, the Philippines does not recognize absolute divorce for Filipino citizens, except in cases involving foreign divorces under specific conditions or for Muslims under the Code of Muslim Personal Laws. Instead, the law provides for annulment of marriage or declaration of nullity to dissolve invalid unions. When a spouse attempts to remarry without first obtaining a valid annulment or nullity declaration, severe legal repercussions arise, including criminal liability for bigamy and civil invalidity of the subsequent marriage. This article explores the intricacies of annulment, the grounds and procedures involved, and the multifaceted consequences of remarrying without properly dissolving a prior marriage, drawing from relevant provisions of the Family Code, the Revised Penal Code, and judicial precedents.

Understanding Annulment and Declaration of Nullity

Annulment in the Philippines refers to the judicial process that declares a marriage voidable and annuls it from the time of the final judgment, treating it as valid until then. In contrast, a declaration of nullity applies to marriages that are void ab initio (from the beginning), meaning they are considered to have never existed legally. Both processes allow individuals to remarry legally, but they differ in their legal bases and effects.

Void Marriages (Declaration of Nullity)

Void marriages are inherently invalid and produce no legal effects, except for the status of children and certain property rights. Under Article 35 of the Family Code, the following marriages are void from the beginning:

Those contracted by any party below 18 years of age, even with parental consent.
Bigamous or polygamous marriages (except as provided in Article 41 for presumptive death cases).
Marriages contracted through mistake of identity.
Subsequent marriages without recording the judgment of annulment, nullity, or partition of properties from a prior marriage.
Marriages between ascendants and descendants, siblings (full or half-blood), or collateral blood relatives up to the fourth civil degree.
Marriages between step-parents and step-children, parents-in-law and children-in-law, or adopting parents and adopted children under certain conditions (Articles 37-38).

Additionally, Article 36 provides for psychological incapacity as a ground for nullity, where one or both spouses are psychologically incapable of complying with essential marital obligations. This has been expansively interpreted by the Supreme Court in cases like Republic v. Molina (1997) and Ngo Te v. Yu-Te (2009), requiring proof of gravity, juridical antecedence, and incurability.

Article 39 covers marriages where consent was obtained by fraud, force, intimidation, or undue influence, but these are typically voidable rather than void.

Voidable Marriages (Annulment Proper)

Voidable marriages are valid until annulled by a court. Grounds under Article 45 include:

Lack of parental consent for parties aged 18-21.
Insanity of one party at the time of marriage.
Fraud in obtaining consent (e.g., concealing pregnancy by another man, sexually transmissible disease, drug addiction, alcoholism, homosexuality, or lesbianism).
Force, intimidation, or undue influence.
Physical incapacity to consummate the marriage (impotence), if incurable and unknown at the time.
Serious and incurable sexually transmissible disease.

Actions for annulment must be filed within specific periods: for lack of parental consent, before the party reaches 21 or within five years after; for insanity, fraud, force, or impotence, within five years from discovery or cessation.

The Process of Obtaining Annulment or Nullity

To dissolve a marriage, a petition must be filed in the Regional Trial Court (Family Court) where either spouse resides. The process involves:

Filing the Petition: The petitioner (usually the aggrieved spouse) files a verified petition, supported by evidence such as psychological evaluations (for Article 36 cases), medical certificates, or witness testimonies.
Service and Answer: The petition is served on the respondent spouse and the Office of the Solicitor General (OSG), representing the state. The respondent has 15 days to answer.
Pre-Trial and Collusion Investigation: The court investigates for collusion between parties. If none, a pre-trial conference sets issues, evidence, and witnesses.
Trial: Evidence is presented, including expert testimony (e.g., psychologists for incapacity cases).
Decision and Appeal: The court renders a decision, which becomes final if not appealed. The OSG must certify no collusion.
Liquidation of Properties and Custody: Before entry of judgment, properties are partitioned under the conjugal partnership or absolute community regime (Articles 96-102, 147-148), and child custody is determined (Articles 211-214).
Registration: The judgment must be registered with the Civil Registrar and annotated on marriage certificates to allow remarriage.

The process can take 1-3 years or longer, with costs ranging from PHP 150,000 to PHP 500,000, including legal fees. Recent amendments under Republic Act No. 11596 (2021) streamlined procedures for summary judicial proceedings in certain nullity cases, reducing timelines.

Legal Separation as an Alternative

Legal separation (Article 55) allows spouses to live separately without dissolving the marriage bond. Grounds include repeated physical violence, sexual infidelity, abandonment, drug addiction, or conviction of a crime with over six years' imprisonment. It does not permit remarriage, as the marriage remains valid. Property is separated, but conjugal obligations persist. This is distinct from annulment, as it does not address the validity of the marriage itself.

Remarrying Without Divorce: The Crime of Bigamy

Since divorce is not available, remarrying without annulment or nullity constitutes bigamy under Article 349 of the Revised Penal Code. Bigamy occurs when a person contracts a second marriage before the first is legally dissolved or before the absent spouse is declared presumptively dead (Article 41, Family Code). Key elements:

A valid first marriage.
The first marriage has not been annulled or declared null.
Contracting a second marriage.

The Supreme Court in Tenebro v. Court of Appeals (2004) held that even if the first marriage is later declared void, bigamy can still be charged if the second marriage was contracted before such declaration.

Exceptions

Under Article 41, if a spouse is absent for four years (or two years in extraordinary circumstances) and believed dead, the present spouse may remarry after obtaining a judicial declaration of presumptive death. However, if the absent spouse reappears, the subsequent marriage is automatically terminated unless annulled.
Foreign divorces: If a Filipino marries a foreigner and the foreigner obtains a divorce abroad, the Filipino may remarry under Article 26, as recognized in Republic v. Orbecido (2005) and Corpuz v. Sto. Tomas (2010). However, this requires a judicial recognition of the foreign divorce in Philippine courts.

Criminal Consequences of Bigamy

Bigamy is punishable by prisión mayor (6 years and 1 day to 12 years imprisonment). The offended spouse, or any person, can file the complaint, but only the offended spouse can pardon the offender. Accomplices, such as the second spouse if aware of the first marriage, may face charges for illegal marriage under Article 350.

In practice, convictions lead to imprisonment, fines, and professional repercussions (e.g., disbarment for lawyers). The prescription period is 15 years from discovery.

Civil and Family Law Consequences

The second marriage is void ab initio (Article 40), leading to:

No Marital Rights: No spousal support, inheritance rights, or legitimacy presumption for children from the second union.
Property Regime: Properties acquired during the second marriage are governed by co-ownership rules (Article 147-148), not conjugal partnership. Upon discovery, properties may be liquidated, with the innocent spouse potentially claiming damages.
Children's Status: Children from the second marriage are illegitimate (Article 165), affecting inheritance (limited to half of legitimate children's share) and surname usage. However, they retain rights to support and legitimation if parents later marry validly.
Custody and Support: Courts prioritize the child's best interest (Article 213). The bigamous parent may lose custody if moral unfitness is proven.
Damages and Restitution: The offended spouse can sue for moral and exemplary damages under Article 26 of the Family Code for abuse of rights.

Effects on Third Parties and Society

Bigamy undermines family stability, a core constitutional value (Article II, Section 12, 1987 Constitution). It can lead to complex inheritance disputes, as seen in Mallion v. Alcantara (2010). Employers or institutions may impose sanctions, and immigration issues arise if the second marriage is used for visas.

Remedial Actions and Prevention

If already in a bigamous marriage:

File for nullity of the second marriage.
Seek annulment or nullity of the first marriage retroactively.
Criminal charges may be dropped if the first marriage is declared void before conviction.

To prevent issues, consult lawyers before remarrying, ensure proper registration of judgments, and verify marital status via NSO/PSA certificates.

Judicial Trends and Reforms

Supreme Court rulings emphasize strict compliance, but recent decisions like Tan-Andal v. Andal (2021) refined psychological incapacity to include non-medical evidence, easing nullity petitions. Legislative efforts for divorce bills continue, but as of 2026, annulment remains the primary recourse.

This framework underscores the Philippine law's emphasis on marriage indissolubility while providing mechanisms for invalid unions, with stringent penalties for violations to protect family integrity.