Annulment or Nullity for Marriages Entered Using a Fictitious Identity in the Philippines

This article explains when a marriage is void (nullity) or voidable (annulment) where one spouse used a false or fictitious identity, the governing law, procedure, evidence, and consequences for property and children—all in the Philippine context.

1) The legal framework at a glance

Primary sources:

Family Code of the Philippines
- Article 35(5): A marriage is void if contracted “through mistake of one of the contracting parties as to the identity of the other.”
- Article 35(4): Bigamous/polygamous marriages are void (except when the former marriage is terminated or declared void before the second).
- Articles 45–46: Grounds for annulment (voidable marriages) and the limited kinds of fraud that make a marriage voidable (e.g., concealment of conviction, drug addiction, STD, pregnancy by another).
- Article 4: Distinguishes absence vs. defect in essential requisites (legal capacity and consent).
- Articles 147–148: Property rules for void unions (co-ownership/bad faith rules).
Special rules & statutes
- A.M. No. 02-11-10-SC (as amended): Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (pleadings, venue, prosecutor’s investigation, registration of decree).
- R.A. 8369: Family Courts jurisdiction.
- Revised Penal Code & special laws: Possible crimes (bigamy; falsification; perjury; illegal use of alias).

2) “Fictitious identity” — what exactly triggers nullity?

“Fictitious identity” can show up in several ways. The legal effect depends on what exactly was falsified and what the other spouse knew.

A. True mistake as to identity → Void ab initio (Art. 35[5])

Concept: You consented to marry Person A, but the person before the solemnizing officer is actually Person B pretending to be A; or you were deceived into thinking the other party was a different, real person.
Effect: Nullity (void from the start). Consent is absent as to the person you intended to marry.
Typical fact patterns:
- Groom presents himself as “Juan Dela Cruz, single,” but is a different individual entirely—different civil registry, different parentage/biographic identifiers.
- Sophisticated identity assumption (stolen/forged government IDs) leading the other party to believe they’re marrying a specific, different individual.

B. Mere use of an alias or wrong name in papers, but you knew who you were marrying

Concept: The person you married is the same individual you intended to marry (same physical person), but the name on IDs or the certificate is an alias or misspelled/assumed name.
Effect: Generally not a ground for nullity or annulment. The defect lies in the record, not in consent to the person. Administrative/court correction or criminal/administrative liability may attach for falsity, but the marriage itself is not void solely for this reason.
Caveat: If the alias was used to hide an impediment (e.g., a subsisting prior marriage), see Section C.

C. Fictitious identity to hide a subsisting prior marriage → Void for bigamy (Art. 35[4])

Concept: The deceiver is already married and assumes a new identity to remarry.
Effect: Second marriage is void ab initio for bigamy. Criminal liability for bigamy may also arise (separate from civil nullity).
Good-faith spouse: Treated as an innocent party for property consequences (see Section 7).

D. Fraud that is not “mistake in identity” and not bigamy

Rule of thumb: The Family Code limits fraud-based annulment to the enumerations in Article 46 (e.g., concealment of conviction, drug addiction, STD, pregnancy by another, homosexuality/lesbianism).
Effect: If the deception doesn’t fit Article 46 and is not a true identity error, the marriage is typically not voidable on fraud alone.

3) Annulment vs. nullity: which remedy applies?

Nullity (void ab initio) applies to mistake in identity (Art. 35[5]) and bigamy (Art. 35[4]).
Annulment (voidable) applies to Article 45 grounds; “fictitious identity” as such is not listed.
Practical takeaway: Most “fictitious identity” scenarios lead to nullity, not annulment.

4) Who can file, where, and when

Who: A spouse (or, in some instances, a proper party like the State in related proceedings).
Where: Family Court of the province/city where the petitioner or respondent resides at the time of filing.
When: Actions for nullity do not prescribe. (Void marriages can be challenged anytime; unlike annulment, which has prescriptive periods under Art. 47).

5) Pleadings & procedure (A.M. No. 02-11-10-SC)

Verified Petition stating:
- Personal circumstances of parties and children;
- Specific ground (e.g., Art. 35[5] mistake in identity; or Art. 35[4] bigamy);
- Ultimate facts showing the deception and how it vitiated consent or concealed a prior marriage;
- Reliefs (nullity, custody, support, property adjudication, name reversion, etc.).
Attachments: Marriage certificate; PSA CENOMAR/CEMAR; IDs; documentary proof of the identity fraud (e.g., biometrics/registry extracts, NBI/PSA/Passport data, school/church records); proof of prior marriage (if bigamy).
Docketing; raffling; issuance of summons (publication if respondent cannot be served).
Prosecutor’s participation: Mandatory investigation of collusion and appearance as counsel for the State.
Trial: Testimonial and documentary evidence; possible expert/forensic identity proof.
Decision: If granted, the court issues a Decree of Nullity.
Registration/annotation: Entry of judgment and decree must be registered with the Local Civil Registry and transmitted to the PSA for annotation on the marriage record and related civil registry documents.

6) Evidence that tends to make or break an identity-fraud case

Civil registry records (PSA birth/marriage/CENOMAR/CEMAR) showing inconsistency or a prior marriage.
Government IDs & biometrics (passport, PhilID, GSIS/SSS, LBP/UMID, voter’s records) linking the respondent to a different legal identity.
School/church/medical records tying the respondent to a different name/parentage/date or place of birth.
Witnesses who can establish that the person who appeared at the wedding was not the person the petitioner intended to marry.
Forensic/document examination (signatures, photos, fingerprints).
Communications (messages/emails where the deception is admitted or evidenced).

Burden of proof: In civil cases, preponderance of evidence—but in practice courts demand clear, credible, and coherent proof due to the stability of civil status.

7) Property consequences in void marriages

If both parties were capacitated to marry each other (no impediments), but the marriage is void for mistake in identity (Art. 35[5]):

Article 147 applies (property acquired through joint efforts is co-owned in proportion to contributions; in default of proof, equal shares).
Bad faith: If one party acted in bad faith (knew the marriage was void), his/her share is forfeited in favor of the common children, or in their absence, to the innocent party.

If the void marriage involved a marital impediment (e.g., bigamy/adultery):

Article 148 applies (stricter): Only properties acquired through actual joint contribution are co-owned; no presumption of equal shares; benefits may be forfeited if a party is in bad faith.

Personal properties/incomes: Each spouse’s exclusive earnings remain theirs subject to the above co-ownership rules.

8) Children: status, support, custody, legitimacy, surnames

Status: Children of a void marriage are, as a rule, illegitimate, except in limited statutory situations not typically triggered by identity fraud.
Support & custody: Parental obligations remain; courts may fix custody, support, and visitation in the same case.
Surnames: Illegitimate children may use the father’s surname if the father acknowledges them in accordance with law (e.g., via the birth certificate or notarized instrument), without affecting their status.
Legitimation: Not available if the impediment existed at the time of conception and is not later removed by the parents’ valid marriage.

9) Name, benefits, and civil registry aftermath

Reversion to maiden name: A wife may revert to her maiden name upon nullity.
Benefits: Courts commonly direct agencies (SSS/GSIS/PhilHealth/insurance) to adjust spousal/dependent benefits and civil status.
PSA records: The Decree of Nullity must be annotated on the marriage certificate and, where relevant, on the birth records of children and other affected entries.

10) Possible criminal and administrative exposure (separate from civil nullity)

Bigamy (RPC Art. 349): Contracting a second/subsequent marriage while a prior valid one subsists.
Falsification of public documents (Arts. 171–172): Faking civil registry/IDs or making untruthful statements in a public document (e.g., marriage certificate).
Perjury (Art. 183): False sworn declarations.
Use of fictitious name / illegal use of alias: Penalized by the Revised Penal Code and Commonwealth Act No. 142 (as amended).
Administrative sanctions for public officers or professionals who facilitated or tolerated the falsity.

Note: Criminal liability is tried independently of the civil case; different standards and defenses apply.

11) Strategic pleading tips & common pitfalls

Plead the correct ground. If your theory is “I married the wrong person,” cite Art. 35(5) and narrate how identity was mistaken. If the deception hid a prior marriage, plead bigamy (Art. 35[4]) and attach proof of the prior marriage.
Do not over-plead generic “fraud.” Fraud outside Article 46 does not support annulment; identity error and bigamy are nullity grounds.
Prove identity with redundancy. Corroborate PSA records with IDs, biometrics, and third-party records; courts dislike “paper-thin” identity cases.
Secure prosecutor’s non-collusion report. Petitions can fail on technical non-compliance.
Expect annotation logistics. Budget time to ensure the LCR and PSA receive and annotate the decree properly.

12) FAQs

Q1: I discovered after the wedding that my spouse’s real name is different, but it’s the same person I dated. Is our marriage void? A: Not automatically. If you knew you were marrying that same person, it’s usually not “mistake in identity.” The remedy is not nullity on this ground—though falsification/liability may exist and records may need correction.

Q2: What if my spouse used a fictitious identity to hide an existing marriage? A: The second marriage is void for bigamy. You can seek a declaration of nullity and pursue criminal action if warranted.

Q3: Does a “fake name” convert into an Article 46 fraud for annulment? A: No. Article 46 frauds are exhaustive; “fake name” per se isn’t one of them. If the deception rose to mistake as to identity or concealed bigamy, proceed under nullity.

Q4: Do actions for nullity prescribe? A: No. But timely filing helps secure evidence and protect property/children’s interests.

Q5: Can I combine issues (custody, support, property) in the same case? A: Yes. The Family Court can adjudicate custody, support, use of the home, and property relations incidental to nullity.

13) Practical checklist for counsel and litigants

Ground theory: Art. 35(5) (mistake as to identity) vs. Art. 35(4) (bigamy).
Evidence map: PSA (birth/marriage/CENOMAR/CEMAR), IDs/biometrics, school/church/medical records, witnesses, forensic reports, communications.
Pleadings: Verified petition, certification against forum shopping, authentic copies of civil registry docs, detailed narrations.
Coordination: Prosecutor (non-collusion), LCR, PSA for post-judgment annotation.
Ancillary reliefs: Custody/visitation, child/spousal support (if applicable), interim protection of property, name reversion, agency notifications.
Post-decree compliance: Secure Entry of Judgment and register/annotate promptly.

14) Bottom line

Using a fictitious identity can void a marriage in two principal ways: (i) it creates a true mistake in identity (Art. 35[5]); or (ii) it conceals a subsisting prior marriage (Art. 35[4] bigamy).
If the person you married is exactly the same individual you intended to marry, the marriage is not void purely because a false name was used—though other consequences may follow.
Remedies run through a petition for declaration of nullity before the Family Court, with strict procedural steps, serious evidentiary demands, and important property and children’s consequences.

This is general information, not legal advice. For a concrete case, consult counsel with your documents so they can evaluate the correct ground, evidence strategy, and reliefs.