Annulment of Marriage Grounds and Procedures in the Philippines

Annulment of Marriage in the Philippines: Grounds and Procedures

Introduction

In the Philippines, marriage is considered a sacred institution governed by the Family Code of the Philippines (Executive Order No. 209, as amended). Unlike many jurisdictions that recognize divorce, the Philippines does not allow absolute divorce for Filipino citizens (except for Muslims under the Code of Muslim Personal Laws and in cases involving foreign divorces under certain conditions). Instead, couples seeking to end a marriage may pursue annulment or declaration of nullity. Annulment specifically pertains to voidable marriages, which are valid until declared null and void by a court. This process renders the marriage as if it never existed, allowing parties to remarry. Declaration of nullity, on the other hand, applies to marriages that are void ab initio (invalid from the beginning).

This article provides a comprehensive overview of the grounds for annulment, the legal procedures involved, related concepts such as legal separation and declaration of nullity, requirements for filing, evidentiary standards, effects on children and property, timelines, costs, and other pertinent considerations under Philippine law.

Distinction Between Annulment, Declaration of Nullity, and Legal Separation

To fully understand annulment, it is essential to differentiate it from related remedies:

• Annulment: Applies to voidable marriages under Article 45 of the Family Code. The marriage is treated as valid until annulled, but once granted, it is deemed never to have existed.

• Declaration of Nullity: For void marriages under Article 35-38 and 53 of the Family Code (e.g., bigamy, incest, lack of marriage license). No prescription period applies, and the marriage is invalid from the start.

• Legal Separation: Under Article 55, this allows spouses to live separately without dissolving the marriage bond. Grounds include physical violence, adultery, or abandonment. It does not permit remarriage.

Annulment and declaration of nullity both result in the dissolution of the marriage, but the grounds and implications differ slightly.

Grounds for Annulment (Voidable Marriages)

Annulment is available only on specific grounds enumerated in Article 45 of the Family Code. These grounds must exist at the time of the marriage. The petition must be filed within the prescribed periods (prescription or ratification rules under Article 47). The grounds are:

1. Lack of Parental Consent: If either or both parties were between 18 and 21 years old at the time of marriage and married without parental or guardian consent. This ground is available only to the parent/guardian (before the child turns 21) or the underage party (within 5 years after turning 21). Ratification occurs if the parties freely cohabit after turning 21.

2. Psychological Incapacity: One or both parties were psychologically incapacitated to comply with essential marital obligations (Article 36, as interpreted by jurisprudence like Republic v. Molina, G.R. No. 108763). This is the most common ground, often involving personality disorders (e.g., narcissism, anti-social behavior) that are grave, juridical antecedent, and incurable. It must be proven through expert psychiatric testimony. No prescription period; can be filed anytime before the death of either party.

3. Fraud: Concealment of certain facts that would have prevented the marriage if known:

   • Previous conviction of a crime involving moral turpitude.
   • Pregnancy by another man (for the husband).
   • Sexually transmissible disease (STD) that is serious and incurable.
   • Drug addiction, habitual alcoholism, or homosexuality (if concealed). The injured party must file within 5 years of discovering the fraud. Ratification occurs through free cohabitation after knowledge.

4. Force, Intimidation, or Undue Influence: The consent of one party was obtained through coercion. The action must be filed within 5 years after the force ceases. Ratification happens if the coerced party freely cohabits after the duress ends.

5. Physical Incapacity (Impotence): One party is physically incapable of consummating the marriage (impotent), and this appears incurable. Must be filed within 5 years of marriage. Applies only if the impotence existed at the time of marriage and is permanent.

6. Serious and Incurable Sexually Transmissible Disease: One party has a serious, incurable STD at the time of marriage. Similar to fraud, but actionable even if not concealed. Prescription: 5 years from marriage.

These grounds are exclusive; courts strictly interpret them. Psychological incapacity, introduced in 1987, has evolved through case law (e.g., Santos v. CA, G.R. No. 112019, emphasizing it is not mere incompatibility but a profound inability to fulfill marital duties).

Grounds for Declaration of Nullity (Void Marriages)

While not strictly annulment, declaration of nullity is often conflated with it in public discourse. Grounds under Articles 35-38 and 53 include:

• Lack of essential requisites (e.g., no legal capacity, no valid license, no solemnizing officer).
• Bigamy or polygamy.
• Incestuous marriages (e.g., between ascendants/descendants, siblings).
• Marriages against public policy (e.g., between step-siblings if affinity arose from a previous marriage with issue).
• Subsequent marriages without recording the judgment of annulment/nullity or partition of property from a prior marriage (Article 53).

No time limit for filing; can be collaterally attacked even after death.

Procedures for Filing Annulment or Declaration of Nullity

The process is judicial and governed by A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages). It is filed in the Regional Trial Court (RTC) designated as Family Court.

Pre-Filing Requirements

• Mandatory Pre-Judicial Conference: Not required, but parties may opt for mediation.
• Certificate of No Marriage (CENOMAR): From the Philippine Statistics Authority (PSA) to confirm no prior undissolved marriage.
• Psychological Evaluation: For psychological incapacity cases, a pre-trial psychological report may be needed.
• Residency: The petitioner must have resided in the Philippines for at least 6 months if abroad (for Filipinos).

Steps in the Procedure

1. Filing the Petition: The petitioner (aggrieved spouse) files a verified petition in the RTC where either spouse resides. It must allege the ground, facts, and relief sought. Attach affidavits, marriage certificate, and supporting documents. Filing fee: Based on court rules, typically PHP 10,000-20,000 plus sheriff's fees.

2. Service of Summons: The court issues summons to the respondent (other spouse). If the respondent is abroad, service is via publication or international conventions.

3. Answer: Respondent files an answer within 15 days (or 30 if abroad). Failure to answer leads to default, but the court still requires proof from the petitioner.

4. Collusion Investigation: The public prosecutor (fiscal) investigates for collusion (fake case for mutual benefit). If collusion is found, the case is dismissed. The fiscal also represents the state to defend the marriage.

5. Pre-Trial: Mandatory. Parties submit pre-trial briefs, mark exhibits, and stipulate facts. Discovery (e.g., depositions) may occur.

6. Trial: Petitioner presents evidence first, including witnesses (e.g., psychiatrist for psychological incapacity). Cross-examination follows. Respondent then presents defense. Evidence must prove the ground by clear and convincing proof (higher than preponderance but lower than beyond reasonable doubt).

7. Decision: The court renders judgment. If granted, the marriage is annulled/nullified. The decision becomes final after 15 days if no appeal.

8. Appeal: To the Court of Appeals, then Supreme Court if needed.

9. Post-Judgment Steps:

   • Entry of Judgment.
   • Annotation on marriage certificate by PSA and Local Civil Registrar.
   • Liquidation and partition of community property (Absolute Community or Conjugal Partnership under Articles 96-102, 129-132).
   • Custody and support for children (Articles 49, 194-197).

For foreigners married to Filipinos, the process applies if the marriage was celebrated in the Philippines or under Philippine law (Article 26, paragraph 2, for foreign divorces).

Evidentiary Requirements

• Burden of Proof: On the petitioner.
• Key Evidence:
  • Marriage contract.
  • Birth certificates (for age-related grounds).
  • Medical/psychiatric reports (e.g., DSM-5 diagnosis for incapacity).
  • Witness testimonies (e.g., relatives on fraud or force).
  • Police/judicial records for crimes or STDs.
• Jurisprudence emphasizes objective evidence; mere allegations are insufficient.

Effects of Annulment/Nullity

• Status: Parties revert to single status; can remarry.
• Children: Legitimate if conceived/born before the decree (Article 54). Custody prioritizes the child's welfare (Article 213); support is mandatory.
• Property: Liquidated as per regime. Innocent spouse may retain benefits; guilty spouse forfeits share (Article 43). Donations propter nuptias may be revoked.
• Name: Wife may revert to maiden name.
• Inheritance: Rights are adjusted as if no marriage occurred.
• Criminal Liability: Bigamy charges if remarriage without decree.

Timelines and Costs

• Duration: 1-3 years, depending on court docket and complexity. Psychological incapacity cases take longer due to evaluations.
• Costs:
  • Filing fees: PHP 5,000-50,000.
  • Lawyer's fees: PHP 100,000-500,000 (acceptance fees plus appearance fees).
  • Expert fees: PHP 50,000-200,000 for psychiatrists.
  • Miscellaneous: Travel, transcripts (PHP 20,000+).
• Indigent litigants may seek free legal aid from the Public Attorney's Office (PAO).

Special Considerations

• Recognition of Foreign Judgments: Foreign annulments/divorces involving Filipinos are not automatically recognized unless judicially confirmed in Philippine courts (Article 26).
• Muslim Marriages: Governed by PD 1083; divorce is allowed under Sharia law.
• Same-Sex Marriages: Not recognized; any such "marriage" is void.
• Common Challenges: High costs, emotional toll, stigma. Alternatives like legal separation may be faster/cheaper but don't allow remarriage.
• Recent Developments: Proposals for divorce bills are pending in Congress, but annulment remains the primary option. Supreme Court rulings continue to refine psychological incapacity (e.g., Tan-Andal v. Andal, G.R. No. 196359, expanding it to include non-clinical conditions).

Conclusion

Annulment in the Philippines is a rigorous legal process designed to protect the sanctity of marriage while providing relief in defective unions. It requires substantial evidence and compliance with procedural rules. Prospective petitioners should consult a family law attorney to assess viability and navigate the complexities. While exhaustive, this remedy underscores the country's conservative stance on marital dissolution, emphasizing preservation over termination.