In the Philippines, where divorce remains legally unavailable for most citizens (except under the Code of Muslim Personal Laws), Annulment and Declaration of Nullity of Marriage are the primary legal avenues for dissolving a marital bond. While often used interchangeably in casual conversation, they are distinct legal concepts under the Family Code of the Philippines.

I. Distinguishing Annulment from Nullity

Before diving into the process, it is critical to understand the legal distinction between a "void" marriage and a "voidable" marriage.

1. Declaration of Nullity (Void Marriages)

A marriage that is void from the beginning (ab initio) is considered to have never existed in the eyes of the law.

Grounds (Article 35-38, 40): Absence of legal requirements (no license, no authority of solemnizing officer), bigamous or polygamous marriages, incestuous marriages, and marriages against public policy.
Psychological Incapacity (Article 36): The most common ground used. It refers to a party's inability to comply with the essential marital obligations due to a grave psychological condition that existed at the time of the celebration of the marriage.

2. Annulment (Voidable Marriages)

A voidable marriage is considered valid until it is set aside by a court decree.

Grounds (Article 45): * Lack of parental consent (if a party is between 18 and 21).
Insanity at the time of marriage.
Consent obtained via fraud, force, intimidation, or undue influence.
Physical incapability of consummating the marriage (impotence).
Affliction with a serious and incurable sexually transmitted disease (STD).

II. The Legal Grounds: A Deeper Look

The most frequently cited ground in Philippine courts is Psychological Incapacity. Following the landmark Supreme Court ruling in Tan-Andal v. Andal (2021), the requirements have shifted:

Legal, not Medical: It no longer requires a clinical diagnosis by a psychologist or psychiatrist.
Incurability: It must be "legally incurable," meaning the person's personality structure makes them truly unable to fulfill marital duties.
Gravity: The incapacity must be serious enough to prevent the fulfillment of essential marital obligations like mutual love, respect, and support.

III. The Legal Process: Step-by-Step

The process is rigorous and requires the involvement of a licensed attorney and the Office of the Solicitor General (OSG).

Preparation and Filing: Your lawyer drafts a Petition for Annulment/Nullity. This is filed in the Regional Trial Court (RTC) of the province or city where either the petitioner or respondent has resided for at least six months.
Summons: The court issues a summons to the respondent spouse.
The Collusion Investigation: To prevent "quickie" separations, the Public Prosecutor investigates whether the parties have colluded (agreed) to manufacture grounds for annulment.
Pre-Trial Conference: The court explores the possibility of settlement (on issues like property and custody, not the annulment itself) and defines the issues for trial.
Trial: This involves the presentation of evidence. The petitioner, witnesses, and often a psychological expert testify.
Judgment: The judge issues a Decision. If granted, there is a 15-day period for an appeal.
Registration: Once final, the Decree of Annulment must be registered with the Civil Registrar and the Philippine Statistics Authority (PSA).

IV. Timeline and Costs

Timeline

There is no "standard" timeframe, as it depends on the court's docket and the complexity of the case (e.g., contested custody or property).

Average Duration: 2 to 5 years.
Factors: The speed of the investigation, the availability of witnesses, and the specific court's workload.

Estimated Costs

Legal fees in the Philippines vary significantly based on the lawyer's experience and the location.

Acceptance Fee: ₱100,000 to ₱300,000+.
Appearance Fees: ₱3,000 to ₱10,000 per hearing.
Expert Witness Fees: (Psychologists) ₱30,000 to ₱100,000.
Filing & Documentation: ₱10,000 to ₱20,000.

V. Effects of Annulment

When a decree is granted, several legal shifts occur:

Marital Status: The parties are returned to the status of "single" and can legally remarry.
Custody & Support: The court will decide on child custody based on the "Best Interest of the Child" rule.
Property: Conjugal properties are liquidated and distributed.
Legitimacy: Children conceived or born before the judgment of annulment/nullity usually remain legitimate.

Note: Navigating the Philippine legal system requires patience and professional counsel. Because the state "values the sanctity of marriage," the burden of proof is high.

Would you like me to draft a more detailed breakdown of the psychological incapacity requirements based on recent Supreme Court jurisprudence?