Annulment and Nullity of Marriage in the Philippines: Grounds, Process, and Cost

Annulment and Nullity of Marriage in the Philippines: Grounds, Process, and Cost

Introduction

In the Philippines, where absolute divorce remains unavailable under general civil law (except for specific cases involving Muslim Filipinos under the Code of Muslim Personal Laws or foreigners married to Filipinos under certain conditions), the legal mechanisms to dissolve or invalidate a marriage are primarily through annulment and declaration of nullity. These processes are governed by the Family Code of the Philippines (Executive Order No. 209, as amended), particularly Articles 35 to 54, and relevant jurisprudence from the Supreme Court.

Annulment pertains to voidable marriages, which are considered valid until declared otherwise by a court. In contrast, a declaration of nullity applies to void marriages, which are deemed to have never existed legally from the outset. Both require judicial intervention, as self-declaration or mutual agreement is insufficient. These remedies aim to address defects in the marriage that render it invalid, but they do not equate to divorce, which would allow remarriage after a valid marriage's termination.

Understanding these concepts is crucial for individuals seeking to end marital ties, as they impact property relations, child custody, support obligations, and the right to remarry. This article comprehensively explores the grounds, procedural steps, and associated costs in the Philippine context, drawing from statutory provisions, procedural rules, and established case law.

Distinction Between Nullity and Annulment

Before delving into specifics, it is essential to distinguish between the two:

• Void Marriages (Nullity): These are invalid from the beginning (ab initio) and produce no legal effects, except for incidental consequences like the legitimacy of children born before the declaration. A court declaration is still required to confirm the nullity for purposes such as remarriage.

• Voidable Marriages (Annulment): These are valid until annulled by a court. Once annulled, the marriage is treated as if it never existed, but prior effects (e.g., property acquired during the marriage) are recognized under certain regimes.

Both processes fall under the jurisdiction of the Regional Trial Court (RTC) designated as Family Courts, and they cannot be settled through alternative dispute resolution or out-of-court agreements.

Grounds for Declaration of Nullity (Void Marriages)

Under Articles 35 to 38 of the Family Code, the following are grounds for declaring a marriage void:

1. Absence of Essential Requisites:

   • Lack of legal capacity, such as when one or both parties are below 18 years old without parental consent (Article 35[1]).
   • Absence of a valid marriage ceremony performed by an authorized solemnizing officer (Article 35[2]).
   • No valid marriage license, except in cases exempted by law (e.g., marriages in articulo mortis or among Muslims) (Article 35[3]).
   • Bigamous or polygamous marriages, where one party is already married (Article 35[4]), unless the prior marriage was annulled or declared void.
   • Marriages contracted by mistake of identity (Article 35[5]).
   • Subsequent marriages where the prior spouse was absent and presumed dead, but the presumption is later rebutted (Article 35[6]).

2. Incestuous Marriages (Article 37): Between ascendants and descendants, siblings (full or half-blood), or other close relatives as defined.

3. Marriages Against Public Policy (Article 38): Including those between collateral blood relatives up to the fourth degree, step-parents and step-children, parents-in-law and children-in-law, adopted and adopting parents, and other specified relations.

4. Psychological Incapacity (Article 36): This is the most commonly invoked ground. It refers to a serious psychological disorder rendering a party incapable of complying with essential marital obligations (e.g., fidelity, cohabitation, support). The Supreme Court in cases like Republic v. Molina (1997) and Tan-Andal v. Tan-Andal (2021) has refined this to require proof of juridical antecedence (existing at the time of marriage), gravity, and incurability. Expert testimony from psychologists or psychiatrists is mandatory.

A void marriage can be impugned by any interested party, even after the death of the spouses, and there is no prescriptive period for filing.

Grounds for Annulment (Voidable Marriages)

Annulment is available under Article 45 for the following grounds, subject to ratification or prescription periods under Article 47:

1. Lack of Parental Consent: If one party was aged 18-21 without parental or guardian consent, actionable by the parent/guardian before the party turns 21, or by the party within five years after turning 21.

2. Insanity: If one party was of unsound mind at the time of marriage, actionable by the sane spouse (if unaware) within five years of discovery, or by the insane spouse after regaining sanity.

3. Fraud: Involving concealment of prior pregnancy by another person, sexually transmitted disease, drug addiction, habitual alcoholism, homosexuality, or lesbianism. Actionable within five years of discovery.

4. Force, Intimidation, or Undue Influence: If consent was obtained through these means, actionable within five years after the cessation of the cause.

5. Physical Incapacity: Impotence or physical inability to consummate the marriage, existing at the time of marriage and appearing permanent. Actionable within five years.

6. Sexually Transmitted Disease: If one party had a serious and incurable STD at the time of marriage, actionable within five years.

Only the injured party can file for annulment, and ratification (e.g., continued cohabitation after knowledge of the ground) bars the action.

The Process for Annulment or Nullity

The procedure is outlined in A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages), effective March 15, 2003, with amendments.

1. Pre-Filing Requirements:

   • Consultation with a lawyer to assess grounds and gather evidence.
   • Psychological evaluation for cases involving psychological incapacity.

2. Filing the Petition:

   • The petition is filed by the aggrieved spouse (or, in nullity cases, any interested party) at the RTC where either spouse resides.
   • It must include allegations of grounds, facts, and supporting documents (e.g., marriage certificate, birth certificates of children, medical reports).
   • Filing fee is paid (around PHP 2,000 to PHP 5,000, depending on the court).

3. Service of Summons:

   • The court serves summons on the respondent spouse. If the respondent is abroad, substituted service or publication may be allowed.

4. Pre-Trial and Collusion Investigation:

   • The prosecutor investigates for collusion (agreement to fabricate grounds). If collusion is found, the case is dismissed.
   • Pre-trial conference to stipulate facts, mark exhibits, and identify issues.

5. Trial:

   • Presentation of evidence, including witness testimonies (e.g., psychologist for incapacity cases).
   • The state, through the Office of the Solicitor General (OSG), participates to defend the marriage.

6. Decision and Appeal:

   • The court renders a decision. If granted, it includes provisions on property division (under absolute community, conjugal partnership, or separation of property regimes), child custody (best interest of the child under Article 213), and support.
   • The decision becomes final after 15 days if no appeal. The OSG must certify no collusion or appeal.
   • Entry of judgment and annotation on civil registry records.

7. Post-Decision Effects:

   • For nullity: Marriage is void ab initio; children are legitimate if conceived before declaration.
   • For annulment: Similar effects, but property is divided based on the regime.
   • Remarriage is possible only after the decree is recorded in the civil registry.

The entire process typically takes 1-3 years, longer if contested or appealed. Under Republic Act No. 11596 (2022), summary proceedings for certain cases (e.g., bigamy) may expedite matters.

Costs Involved

Costs vary based on case complexity, location, and legal representation, but a breakdown includes:

1. Filing and Court Fees: PHP 2,000 to PHP 10,000 for docket fees, plus sheriff's fees for service (PHP 1,000-3,000).

2. Lawyer's Fees: Private counsel charges PHP 100,000 to PHP 500,000 or more, depending on experience and case duration. Acceptance fees (initial payment) range from PHP 50,000 to PHP 150,000, with appearance fees per hearing (PHP 5,000-10,000).

3. Psychological Evaluation: Mandatory for psychological incapacity cases; costs PHP 20,000 to PHP 100,000 for reports and testimonies.

4. Expert Witnesses and Documents: Medical exams, document retrieval (e.g., NSO certificates at PHP 150-500 each).

5. Miscellaneous: Travel, photocopying, notarial fees (PHP 5,000-20,000 total).

Indigent litigants may avail of free legal aid from the Public Attorney's Office (PAO) if they meet income thresholds (e.g., family income below PHP 14,000/month in Metro Manila). Some NGOs and bar associations offer pro bono services.

Total estimated cost for a straightforward case: PHP 150,000 to PHP 300,000; contested cases can exceed PHP 1,000,000.

Property, Custody, and Support Implications

• Property Regime: In nullity or annulment, property is liquidated. For void marriages, parties retain what they brought in; joint acquisitions are divided equally unless bad faith is proven (guilty party forfeits share under Article 43).

• Child Custody and Support: Custody prioritizes children under 7 with the mother (tender years doctrine), unless unfit. Support is obligatory, calculated based on needs and means (Articles 194-198).

• Legitimacy of Children: Children conceived or born before the decree are legitimate (Article 54).

Challenges and Recent Developments

Common hurdles include proving psychological incapacity, which requires robust evidence post-Tan-Andal (emphasizing clinical diagnosis). Delays arise from court backlogs and OSG involvement.

Recent reforms include House Bill No. 9349 (2023), proposing absolute divorce, but it remains pending. The Supreme Court's Kho v. Republic (2023) clarified procedural aspects, emphasizing due process.

Conclusion

Annulment and nullity provide pathways to invalidate marriages in the Philippines, rooted in protecting family integrity while addressing invalid unions. Individuals considering these should consult qualified legal professionals to navigate the rigorous evidentiary and procedural demands. While costly and time-consuming, these processes ensure legal clarity for remarriage, property rights, and family welfare.