Annulment or Nullity for Underage or Forced Marriage in the Philippines: Grounds and Procedure

Introduction

In the Philippines, marriage is a special contract of permanent union between a man and a woman, governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended by Executive Order No. 227 and other laws). The sanctity of marriage is protected under the 1987 Constitution, which recognizes it as the foundation of the family and an inviolable social institution. However, not all marriages are valid from inception. Philippine law distinguishes between void marriages, which are null and void ab initio (from the beginning), and voidable marriages, which are valid until annulled by a competent court.

Underage marriages and forced marriages fall under these categories of defective marriages. An underage marriage, where one or both parties are below 18 years of age, is considered void ab initio under Article 35(1) of the Family Code. In contrast, a forced marriage, where consent is obtained through force, intimidation, or undue influence, is voidable under Article 45(4) of the same Code. This distinction is crucial because it affects the legal remedies available, the procedure for challenging the marriage, the prescriptive periods, and the effects on property, children, and the parties involved.

This article provides a comprehensive examination of the grounds and procedures for declaring nullity or annulment in cases of underage or forced marriages in the Philippine context. It covers the legal framework, requirements for filing petitions, judicial processes, effects of judgments, and related considerations, drawing from the Family Code, relevant jurisprudence from the Supreme Court, and ancillary laws such as Republic Act No. 11596 (Prohibiting Child Marriage) and the Rules of Court.

Legal Framework

Void vs. Voidable Marriages

Void Marriages: These are inexistent from the start and produce no legal effects, except those incidental to cohabitation (e.g., legitimacy of children under certain conditions). They can be impugned collaterally or directly at any time, even after the death of the parties, and do not require a judicial decree for nullity to take effect, though a declaration is often sought for practical purposes like remarriage.
Voidable Marriages: These are valid until annulled. They can be ratified by the parties through free cohabitation after the defect ceases, and annulment must be sought within prescribed periods.

Specific Laws on Underage and Forced Marriages

Family Code of the Philippines (1987): The primary statute, which classifies underage marriages as void and forced marriages as voidable.
Republic Act No. 11596 (2021): This law prohibits child marriage and imposes penalties (e.g., imprisonment and fines) on those who arrange, facilitate, or solemnize marriages involving minors under 18. It reinforces the void nature of such unions but does not alter the civil remedies under the Family Code.
Presidential Decree No. 1083 (Code of Muslim Personal Laws, 1977): For Muslim Filipinos, marriages under 15 years (for males) or puberty (for females) may be allowed with parental consent or court approval, but forced marriages are invalid. However, this article focuses on the general civil law applicable to non-Muslims or mixed marriages under the Family Code.
Supreme Court Jurisprudence: Cases like Republic v. Dayot (G.R. No. 175581, 2008) emphasize strict compliance with age requirements, while People v. Jumawan (G.R. No. 187495, 2014) addresses coercion in marital contexts, though not directly on annulment.

Grounds for Nullity or Annulment

Underage Marriage (Void Ab Initio)

Under Article 35(1) of the Family Code, a marriage is void if either party is below 18 years of age at the time of celebration, regardless of parental consent or ratification. Key elements include:

Age Requirement: Both parties must be at least 18 years old. This is non-waivable, unlike in some jurisdictions.
No Exceptions: Even if the minor misrepresents their age or obtains a marriage license fraudulently, the marriage remains void (Silverio v. Republic, G.R. No. 174689, 2007).
Proof of Age: Birth certificates or other official documents are prima facie evidence. Affidavits of discrepancy may be used if records are inconsistent.
Related Grounds: If the marriage also involves bigamy, incest, or other voids under Article 35, multiple grounds may be invoked.

Republic Act No. 11596 criminalizes child marriage, making solemnizing officers, parents, or guardians liable for fines up to PHP 50,000 and imprisonment up to 12 years. This adds a penal dimension but does not affect the civil nullity.

Forced Marriage (Voidable)

Under Article 45(4) of the Family Code, a marriage may be annulled if the consent of either party was obtained by force, intimidation, or undue influence. Elements include:

Lack of Free Consent: Consent must be voluntary (Article 2). Force implies physical violence or threat; intimidation involves moral coercion creating reasonable fear; undue influence exploits a position of power (e.g., employer-employee).
Existence at Celebration: The defect must exist at the time of the marriage. Post-marriage coercion does not qualify.
Burden of Proof: The petitioner must prove the vitiation of consent by clear and convincing evidence (Republic v. Molina, G.R. No. 108763, 1997, guidelines apply analogously).
Related Grounds: Overlaps with fraud (Article 45(3)) if deception is involved, or psychological incapacity (Article 36) if force leads to incapacity.

In jurisprudence, Santos v. Court of Appeals (G.R. No. 112019, 1995) clarifies that consent must be real and not merely apparent.

Procedure for Declaration of Nullity or Annulment

The procedure is governed by A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, 2003), as amended.

Jurisdiction and Venue

Court: Regional Trial Court (RTC) designated as Family Court in the judicial region where the petitioner or respondent resides.
Exclusive Jurisdiction: Family Courts handle these cases.

Who May File

For Void Marriages (Underage): Any interested party, including the spouses, their parents, guardians, or the Solicitor General (representing the State). It can be filed anytime, no prescription.
For Voidable Marriages (Forced): Only the injured party (whose consent was vitiated). If both are affected, either may file.

Prescriptive Periods

Underage (Void): No prescription; can be filed at any time.
Forced (Voidable): Within five (5) years from the cessation of the force, intimidation, or undue influence (Article 47(4)).

Steps in the Procedure

Filing of Petition: The petitioner files a verified petition with the RTC, including:
- Grounds and facts.
- Names, ages, residences of parties.
- Details of marriage (date, place, solemnizing officer).
- Properties and children involved.
- Certification of non-forum shopping. Attachments: Marriage certificate, birth certificates, affidavits.
Service of Summons: On the respondent spouse and the Office of the Solicitor General (OSG).
Collusion Investigation: The prosecutor investigates for collusion (simulated petition). If none, the case proceeds.
Pre-Trial: Mandatory; covers stipulations, evidence marking, and trial schedule.
Trial: Presentation of evidence. For underage: Documentary proof of age. For forced: Testimonies on coercion.
- Psychological evaluation may be required if overlapping with Article 36.
- The State (via OSG) participates to defend the marriage.
Decision: The court renders judgment. If granted, it is appealable to the Court of Appeals.
Registration: The decree is registered with the Civil Registrar for annotation on records.

Evidence Requirements

Underage: Birth certificate showing age below 18; marriage contract.
Forced: Affidavits, witness testimonies, medical reports (if physical force), or psychological assessments.
Standard of Proof: Preponderance of evidence, but strict scrutiny applies due to public policy favoring marriage.

Costs and Fees

Filing fees vary by court (around PHP 5,000–10,000), plus sheriff's fees. Indigent litigants may avail of free legal aid via the Public Attorney's Office.

Effects of Declaration of Nullity or Annulment

On the Marriage

Void (Underage): No marriage existed; parties are single.
Voidable (Forced): Marriage is terminated from the date of finality of the decree.

On Children

Children conceived before the decree are legitimate (Article 54 for void, Article 50 for voidable).
Custody and support follow Articles 213–220 (best interest of the child).

On Property

Absolute Community or Conjugal Partnership: Liquidated as in legal separation (Article 43(2), 102(4), 129(4)).
For void marriages, property regime is co-ownership (Article 147/148, depending on good/bad faith).
Innocent spouse may claim damages.

On Remarriage

Parties may remarry after the decree becomes final and is registered.

Criminal and Civil Liabilities

For underage: Penalties under RA 11596.
For forced: Possible criminal charges for coercion (Revised Penal Code, Article 286) or violence against women (RA 9262).

Special Considerations

Bigamous Marriages: If a void underage marriage leads to a subsequent marriage, the latter is valid if in good faith.
Foreign Marriages: Governed by Article 26 (lex loci celebrationis), but Philippine nationals must comply with capacity rules.
Ratification: Possible only for voidable marriages; free cohabitation after force ceases ratifies it (Article 45).
Psychological Incapacity Overlap: If force results in incapacity, Article 36 may apply, with no prescription.
Indigenous and Muslim Marriages: Customary laws may apply, but civil registration is required.
COVID-19 Adaptations: Virtual hearings allowed under Supreme Court circulars.

Conclusion

Annulment or nullity for underage or forced marriages upholds the principles of voluntary consent and legal capacity in Philippine family law. While underage marriages are inherently void, providing a straightforward path to nullity, forced marriages require timely action to annul. Parties are advised to consult legal counsel, as these proceedings involve complex evidentiary and procedural hurdles. The State's role ensures that only meritorious cases succeed, preserving the institution of marriage while protecting individual rights.