I. Overview

Many Filipino citizens marry in Taiwan—whether to fellow Filipinos, Taiwanese nationals, or other foreign citizens. When the relationship irretrievably breaks down, the question becomes: how do you end a Taiwan-celebrated marriage in a way that is recognized under Philippine law?

In Philippine parlance, people say “annulment” for almost everything, but in law there are several distinct remedies:

Declaration of Nullity of Marriage – for marriages that were void from the beginning.
Annulment of Voidable Marriage – for marriages that were valid at the start but can be annulled due to specific defects.
Legal Separation – spouses remain married but live separately; no right to remarry.
Recognition of Foreign Divorce or Foreign Judgment – when a foreign court (e.g., in Taiwan) has already issued a judgment affecting the marriage.

This article focuses on Filipino citizens whose marriage was celebrated in Taiwan, and what they need to know under Philippine law to end or question that marriage.

Important disclaimer: This is general legal information based on the Philippine Family Code and established jurisprudence. It is not a substitute for advice from a Philippine lawyer who can assess the exact facts and the most updated cases.

II. Legal Framework

1. Governing Philippine Law

Key laws and rules involved:

Family Code of the Philippines
- Articles 1–54: requisites of marriage, void and voidable marriages, legal separation.
- Article 26(2): recognition of certain foreign divorces.
- Article 36: psychological incapacity.
Civil Code (subsidiary, for conflict of laws principles).
Rules of Court
- Rule 108 (cancellation/correction of civil registry entries).
- Rules on Evidence for proving foreign law and foreign judgments.
Special Rules on Family Courts
- A.M. No. 02-11-10-SC (as amended): “Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages.”

2. Conflict of Laws: Why Taiwan Matters

Under Philippine private international law:

Formal and essential validity of marriage
- As a rule, a marriage is valid in the Philippines if:
  - It complies with the essential requisites under Philippine law (capacity of parties, consent, absence of impediments), and
  - It complies with the formal requisites of the country where it was celebrated (here, Taiwan – lex loci celebrationis).

Thus, if two Filipinos validly marry in Taiwan following Taiwanese law, the marriage is generally recognized in the Philippines.

III. Is a Marriage in Taiwan Valid in the Philippines?

1. Essential Requisites (Philippine Law)

Philippine law looks at whether the parties had:

Legal capacity
- At least 18 years old.
- Free from legal impediments (not already married, not within prohibited degrees of relationship, etc.).
Consent freely given
- No force, intimidation, undue influence, fraud, or lack of understanding (e.g., insanity).

If any of the essential requisites was absent or gravely defective, the marriage may be void or voidable under Philippine law, even if formalities in Taiwan were followed.

2. Formal Requisites (Taiwan Law)

For form, the Philippines defers to the law of Taiwan, such as:

Proper registration or ceremony as required by Taiwanese authorities.
Compliance with documentation rules for foreigners (Filipino spouses).

If the marriage is void under Taiwanese law (e.g., no valid registration), there may be grounds in the Philippines to treat it as void, but this usually must be proven with evidence of Taiwanese law and records.

IV. “Annulment” vs “Declaration of Nullity” in the Philippine Sense

People casually say “annulment” but Philippine law distinguishes:

1. Void Marriages (Declaration of Nullity)

These are considered never to have existed, but you generally still need a court declaration. Examples under the Family Code:

Psychological incapacity of a spouse existing at the time of marriage (Art. 36).
Bigamous or polygamous marriage, except in cases covered by Article 41 (subsequent marriage after presumptive death).
Incestuous marriages (between certain blood relatives).
Marriages void by explicit provision of law (e.g., no marriage license unless exempt, serious defects in authority of solemnizing officer under certain conditions, etc.).

Remedy: Petition for Declaration of Absolute Nullity of Void Marriage in a Philippine Family Court.

2. Voidable Marriages (Annulment)

Valid until annulled. Grounds include (Arts. 45–47):

Lack of required parental consent (for 18–21 at time of marriage).
Insanity (unsound mind) at time of marriage.
Consent obtained by fraud, force, intimidation, or undue influence.
Impotence (incurable and existing at the time of marriage).
Serious, incurable sexually transmissible disease at the time of marriage.

Remedy: Petition for Annulment of Voidable Marriage.

V. When the Marriage Is Celebrated in Taiwan: Common Scenarios

1. Two Filipino Citizens Married in Taiwan

As long as essential capacity and consent are present and Taiwanese formalities were followed, the marriage is valid and recognized in the Philippines.
To “end” this marriage in a way recognized in the Philippines, the parties typically need:
- Declaration of nullity (if void under PH law), or
- Annulment (if voidable), or
- Legal separation (if they do not intend to remarry).

A foreign divorce obtained in Taiwan between two Filipino citizens is generally not recognized in the Philippines, because Philippine public policy does not allow Filipinos to end their marriage by foreign divorce between themselves.

2. Filipino Citizen Married to a Taiwanese (or Other Foreigner) in Taiwan

This triggers Article 26(2) of the Family Code:

When a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse, capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.

Key points:

There must have been a valid marriage at the start.
Divorce must be:
- Valid under Taiwanese law, and
- Obtained by the foreign (non-Filipino) spouse or at least with the foreign spouse’s initiative or participation, as interpreted by jurisprudence.
To be effective in the Philippines, the Filipino spouse must file a petition for recognition of foreign divorce (and foreign law) in a Philippine court.

If both spouses are already Filipino when the foreign divorce is obtained, Article 26(2) generally does not apply.

VI. Jurisdiction and Venue in the Philippines

1. Court with Jurisdiction

Family Courts (Regional Trial Courts designated as Family Courts) have exclusive original jurisdiction over:
- Petitions for declaration of nullity.
- Petitions for annulment.
- Petitions for legal separation.
- Petitions for recognition of foreign judgment (e.g., divorce or annulment from Taiwan that affects civil status).

2. Proper Venue

Under A.M. No. 02-11-10-SC:

If the respondent resides in the Philippines: file in the Family Court of the province or city where the respondent resides.
If the respondent resides abroad or cannot be found:
- File where the petitioner resides.
If both reside abroad, but petitioner wants to file in the Philippines:
- Often, venue is where the petitioner was last domiciled in the Philippines, though this can be complex and needs careful legal strategy.

VII. Basic Requirements and Documents (Philippine Side)

Exact documentary requirements may vary slightly by court and counsel, but typically include:

1. Personal and Civil Registry Documents

Certified copy of the marriage certificate from Taiwan:
- Properly authenticated or apostilled, as applicable.
- Often, a certified translation into English is needed if the original is in Chinese.
PSA documents of the Filipino spouse(s):
- PSA birth certificate.
- CENOMAR or Advisory on Marriages (for history of marriages in PH civil registry).
Identification documents: valid passport, government ID.

2. Proof of Residence and Jurisdiction

Barangay certificate, lease contract, utility bills, or other proof showing that the petitioner or respondent resides where the case is being filed.

3. Grounds-Related Evidence

Depending on the ground invoked:

Psychological incapacity
- Detailed affidavits and testimonies narrating the spouse’s behavior before, during, and after the marriage.
- Psychological evaluation (expert witness) if counsel deems it helpful.
Fraud, force, intimidation
- Communications, witnesses, affidavits.
Impotence or serious disease
- Medical records, expert testimony.
Bigamy
- Documents showing an existing prior marriage (marriage certificate, PSA advisory).

4. For Recognition of Foreign Divorce / Annulment

Certified copy of the foreign judgment (e.g., Taiwan divorce decree), properly authenticated/apostilled.
Proof of foreign law on divorce (e.g., copy of relevant provisions of Taiwanese Civil Code, translated and properly presented).
Evidence that at least one spouse was a foreigner at the time of divorce (passport, ID, naturalization documents).

VIII. Procedure in Philippine Courts (Annulment / Nullity)

While details may vary, the usual steps are:

Consultation with Counsel
- Lawyer assesses facts, identifies potential grounds, and determines whether the case should be:
  - Declaration of nullity;
  - Annulment;
  - Legal separation; or
  - Recognition of foreign judgment.
Preparation and Filing of the Petition
- Verified petition stating:
  - Personal circumstances of both spouses.
  - Facts of the marriage in Taiwan.
  - Detailed narration of grounds.
  - Reliefs sought (e.g., nullity, custody, support, property division).
- Filing fees paid to the court.
Raffle of the Case to a Specific Family Court
Issuance of Summons
- Respondent is served summons (in the Philippines or abroad).
- If respondent is abroad, service can be through service by publication or personal service abroad following the Rules of Court and applicable treaties.
Mandatory Appearance of the Public Prosecutor
- The prosecutor’s role is to investigate possible collusion between the parties to fake or manufacture grounds.
Pre-Trial
- Court attempts to simplify issues, consider stipulations, and determine which matters are contested.
- If reconciliation is possible, the court may encourage it.
Trial Proper
- Presentation of:
  - Petitioner’s testimony.
  - Corroborating witnesses (family, friends, professionals).
  - Documentary and expert evidence.
- Respondent may present counter-evidence or may be declared in default if they do not appear despite proper service.
Memoranda and Decision
- Parties may be required to submit written memoranda summarizing evidence and arguments.
- Judge renders judgment:
  - Granting or denying the petition.
  - Making rulings on custody, support, property, and other issues, as applicable.
Appeal and Finality
- Decisions can be appealed to the Court of Appeals and, in certain cases, to the Supreme Court.
- The Office of the Solicitor General (OSG) may also appeal.
Civil Registry Annotation
- Once the decision becomes final and executory, the court issues:
  - Entry of Judgment, and
  - Orders directing the civil registrar (PSA and local civil registrar) to annotate the marriage and civil records as null/annulled.
- These annotations are crucial for the Filipino spouse to have documentary proof of capacity to remarry.

IX. Psychological Incapacity in Foreign Marriages

Article 36 of the Family Code allows a marriage to be declared void if one or both parties were psychologically incapacitated to assume essential marital obligations from the beginning.

Key ideas from jurisprudence:

It is not just “immaturity” or “incompatibility”; it must be a serious, enduring condition that makes the spouse truly incapable of fulfilling basic marital obligations.
The Supreme Court has relaxed some requirements over time, clarifying that:
- Medical or psychological expert testimony, while helpful, is not absolutely mandatory if the incapacity is clearly established by other evidence.
- The focus is on incapacity, not simply refusal or difficulty.

Applied to a Taiwan marriage:

It does not matter that the ceremony took place abroad; if the incapacity existed at the time of marriage and meets the legal standards, a Philippine court may declare the marriage void under Article 36.

X. Recognition of Foreign Divorce and Foreign Annulment from Taiwan

1. Foreign Divorce

If a Taiwanese court grants a divorce, and:

One spouse is a foreigner (e.g., Taiwanese), and
The divorce validly dissolves the marriage under Taiwanese law,

then the Filipino spouse can file a petition for recognition of foreign divorce in the Philippines.

Key points:

The Philippine court does not re-litigate marital fault; it mainly checks:
- Validity and authenticity of the foreign judgment.
- Proof that foreign law allows the divorce and that it was followed.
If recognized, the Filipino spouse’s PSA records can be updated to reflect:
- The previous marriage, and
- The capacity to remarry, akin to that of the foreign spouse.

If both spouses are Filipino at the time of the foreign divorce, Philippine courts generally do not recognize the divorce as valid for Philippine purposes.

2. Foreign Annulment or Declaration of Nullity in Taiwan

If a Taiwan court declares the marriage void or annulled:

The Philippine court may recognize the foreign judgment if:
- It is consistent with Philippine public policy, and
- Properly proven in court (authentic judgment + foreign law).
However, if the foreign ground is incompatible with Philippine law or clearly contrary to public policy, recognition may be refused or limited.

In practice, most Filipino litigants either:

File directly for nullity/annulment in the Philippines, or
Combine:
- Recognition of foreign divorce/annulment, with
- Any necessary Philippine proceedings (e.g., correction/annotation of civil registry entries).

XI. Effects of Annulment or Nullity (Philippine Law)

Once a Philippine court issues a final judgment of nullity or annulment (or recognizes a foreign judgment):

1. Status and Capacity to Remarry

Parties become free to remarry, subject to:
- Finality of judgment, and
- Proper civil registry annotation.
In a void marriage, technically the marriage never existed, but a court judgment is still needed for safety and documentation.

2. Property Relations

For void marriages:
- Rules on co-ownership and property divisions between parties apply, depending on good faith/bad faith.
For voidable marriages:
- The conjugal partnership or absolute community is dissolved and liquidated.
Division of property considers:
- Contributions of each spouse.
- Presence of bad faith (e.g., bigamy or knowledge of impediment).

3. Children

Children born of void or voidable marriages may still be considered legitimate or governed by rules on legitimacy and filiation depending on the particular ground.
Even if legitimacy is in question, children are always entitled to:
- Support from parents.
- Inheritance rights (at least as illegitimate children).

4. Custody and Support

Court may issue orders regarding:
- Custody of minor children (guided by their best interests).
- Support (financial obligations).
- Visitation rights.

5. Succession and Benefits

A spouse whose marriage is annulled or declared void may lose:
- Certain successional rights to the other spouse.
- Rights under some benefit systems (SSS, GSIS, survivorship, etc., depending on the specific rules).

For Filipinos married in Taiwan, these effects must be considered along with:

Immigration consequences (e.g., if the marriage was the basis for a Taiwan resident visa).
Status in Taiwanese records (local counsel in Taiwan is often needed to align both countries’ records).

XII. Practical Considerations for Filipinos Married in Taiwan

1. Dual Proceedings: Taiwan and Philippines

Depending on your goals, you may need:

A proceeding in Taiwan (e.g., divorce, annulment, registration changes), and
A proceeding in the Philippines (annulment/nullity or recognition of foreign judgment).

Each legal system is separate; fixing status in Taiwan doesn’t automatically fix it under Philippine law.

2. Evidence Management

Keep original documents, translations, and certifications.
Check whether documents need apostille or consularization, based on the current treaty and diplomatic framework between Taiwan and the Philippines.

3. Choice of Remedy

Two Filipinos, married in Taiwan, no foreign divorce:
- Usually need Philippine annulment/nullity.
Filipino + foreigner, married in Taiwan; foreign divorce granted:
- Likely need Philippine recognition of foreign divorce.
Complex situations (naturalization, changes in citizenship, multiple marriages):
- Require careful case-by-case legal advice.

XIII. Frequently Asked Questions (Philippine Context)

1. We are two Filipinos married in Taiwan. Can we just get a divorce there and remarry in the Philippines? Generally no. A foreign divorce between two Filipinos is not recognized in the Philippines. You would usually need a Philippine annulment or declaration of nullity for Philippine purposes.

2. I’m a Filipino married to a Taiwanese in Taiwan. My Taiwanese spouse divorced me there. Am I still married in the Philippines? Under Article 26(2), you may become capacitated to remarry if the foreign divorce is valid and obtained by your foreign spouse. But to have this recognized, you normally must file a petition for recognition of foreign divorce in a Philippine court and have your civil registry records updated.

3. Can I file an annulment or nullity case in the Philippines even if the marriage took place in Taiwan and I now live abroad? Yes, Philippine courts can have jurisdiction as long as venue and jurisdictional rules are met (e.g., your residence or last residence in the Philippines, or respondent’s residence in the Philippines). Practical issues of service and attendance must be addressed with your lawyer.

4. How long does an annulment/nullity case usually take? It varies widely between courts and cases. Some finish in a little over a year, others take several years, especially if appealed. There is no fixed period guaranteed by law.

5. After annulment or nullity, what do I show to prove I am free to remarry? You usually need:

Certified copy of the final decision.
Entry of Judgment.
Annotated PSA records (marriage certificate and/or CENOMAR/Advisory on Marriages) reflecting the nullity/annulment or recognized foreign divorce.

These documents are what civil registrars, embassies, and other agencies commonly ask for.

XIV. Conclusion

For Filipino citizens married in Taiwan, the question of “annulment” is really about aligning two legal worlds:

Taiwanese law and records, and
Philippine family law and civil registry rules.

The place of marriage (Taiwan) does not prevent Philippine courts from exercising authority over the marital status of Filipino citizens. However, ending the marriage in a way that the Philippines recognizes usually requires:

A Philippine petition for annulment or declaration of nullity, and/or
A Philippine petition for recognition of a foreign divorce or foreign judgment, properly supported by authenticated documents and proof of foreign law.

Because the consequences touch on status, property, children, and even immigration, it is wise for any Filipino married in Taiwan who is contemplating “annulment” to consult a Philippine family-law practitioner, and where necessary, a Taiwan-based lawyer as well, to plan a strategy that works in both jurisdictions.