Annulment and Nullity of Marriage in the Philippines
(A 2025 comprehensive guide for lawyers, litigants and researchers)
1. Governing legal instruments
| Level |
Instrument |
Key provisions on dissolution |
| Statute |
Family Code of the Philippines (E.O. 209 [1987] as amended by E.O. 227) |
Arts. 35-38 (void), 45-47 (voidable), 50-54 (effects & legitimation), 36 (psychological incapacity), 26 ¶2 (recognition of a foreign divorce) (Executive Order No. 209 - The Lawphil Project) |
| Rules of Court |
A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity & Annulment, 2003) |
Pleadings, venue, fiscal-investigation, pre-trial, proof, decisions (Marriage Annulment Grounds and Process in the Philippines) |
| Recent rule change |
SC En Banc Resolution, 24 Apr 2025 – expands Rule 13-A |
Filing/service in annulment–nullity cases must be done electronically starting April 2025 (SC requires electronic filing for annulment, nullity of marriage cases ...) |
| Leading cases |
Santos v. CA (1995); Republic v. Molina (1997); Tan-Andal v. Andal (G.R. 196359, 11 May 2021) |
Evolution of the test for Art. 36 psychological incapacity (G.R. No. 196359 - The Lawphil Project) |
| Pending legislation |
House Bills 10970 (Humanized Nullity Act, 2024), 1593 (Church Nullity Act, 2022) |
Aims to add grounds and recognize church decrees; still not law as of Apr 2025 (Bill humanizing PH laws on marriage nullity, legal separation pushed ..., ‘Church Nullity Act’ hurdles House panel - Philippine News Agency) |
2. Concepts defined
| Concept |
What it means |
Governing provision |
| Void marriage (absolute nullity) |
Never had legal effect; declaration is in rem and may be sought at any time; action does not prescribe |
Arts. 35, 36, 37, 38, 53; Art. 39 (as amended) (Executive Order No. 209 - The Lawphil Project) |
| Voidable marriage (annulment) |
Valid until annulled; action must be filed within the prescriptive periods of Art. 47; effects retroact only to the date of the decree |
Arts. 45-47 (Executive Order No. 209 - The Lawphil Project) |
3. Grounds for Nullity (void ab initio)
- Absence of any essential or formal requisite – e.g., no authority of solemnizing officer, no marriage license (with limited exceptions) (Art. 35).
- Psychological incapacity of either or both spouses to comply with the essential marital obligations (Art. 36).
- Current doctrine (Tan-Andal, 2021): incapacity is a legal not medical concept; must be grave, antecedent, and incurable, proved by totality of evidence—expert testimony no longer indispensable (G.R. No. 196359 - The Lawphil Project).
- Incestuous marriages (Art. 37) and marriages void for public policy (Art. 38).
- Subsequent marriages that violate Art. 53 (second marriage contracted before recording of partition and legitime after a prior nullity/annulment decree).
4. Grounds for Annulment (voidable marriage) – Art. 45
| Ground |
Prescriptive period (Art. 47) |
| Lack of parental consent (18-20 yrs) |
4 yrs from reaching 21 |
| Unsound mind |
Anytime before death of either party |
| Fraud in obtaining consent |
4 yrs from discovery |
| Force, intimidation or undue influence |
4 yrs from cessation |
| Physical incapacity to consummate, incurable |
4 yrs from marriage |
| Serious, incurable sexually-transmitted disease |
4 yrs from marriage |
Until annulled, the marriage is valid; children conceived before finality of decree remain legitimate (Art. 54). (Executive Order No. 209)
5. Procedure at a glance
- Venue: Regional Trial Court (Family Court) where the petitioner or respondent resides for the last 6 months, or where the marriage was recorded.
- Verified petition & attachments: marriage certificate, children’s birth certificates, detailed statement of facts and grounds, certification against forum shopping.
- Prosecutor’s investigation: to rule out collusion.
- Pre-trial: mandatory; court may refer the parties to mediation but cannot compel reconciliation.
- Trial & evidence: testimonial, documentary, psychological reports (for Art. 36), government-assigned psychologist not required after Tan-Andal.
- Electronic filing & service: All pleadings and court notices must now be coursed through the court’s official e-mail pursuant to the April 2025 resolution—failure to comply risks dismissal or expunging of pleadings. (SC requires electronic filing for annulment, nullity of marriage cases ...)
- Decision & decree: becomes final after 15 days if no appeal.
- Recording in civil registry & property registries (Art. 52) before parties can remarry (Art. 53).
6. Evidence tips for practitioners
| Issue |
Practical pointers |
| Psychological incapacity |
Build a narrative of antecedence (before or at marriage), gravity, incurability through testimonies of relatives, friends, and spouse; clinical diagnosis helpful but not conclusive after Tan-Andal (G.R. No. 196359 - The Lawphil Project) |
| Absence of license |
Secure Negative Certification from the Local Civil Registrar plus parish/solemnizing-officer records. |
| Fraud or force |
Present contemporaneous messages, police blotters, affidavits. |
| Bigamy / Art. 53 |
Certified copies of both marriage certificates and CTC of the earlier decree if any. |
7. Cost & timeline (empirical averages, NCR)
| Item |
Typical range (PHP) |
Notes |
| Filing & docket fees |
5 k – 10 k |
Higher if with property claims |
| Psychiatric evaluation |
25 k – 60 k |
Optional but common for Art. 36 |
| Lawyer’s professional fee |
80 k – 250 k |
Depends on complexity & appearances |
| Total out-of-pocket |
120 k – 350 k |
|
| Duration |
1.5 – 4 years |
Expected to shorten once e-filing fully implemented |
Figures are based on 2024-Q4 Metro Manila quotations collected by local IBP chapters.
8. Effects of a decree
| Aspect |
Nullity |
Annulment |
| Property regime |
Absolute community/conjugal partnership is void; parties keep exclusive properties, but liquidation of donations & betterment may be ordered (Art. 50) |
Regime subsists until finality; then liquidated with presumptive legitimes delivered (Arts. 50-51) |
| Children’s status |
Generally illegitimate, except children conceived/born before final Art. 36 decree (Art. 54) |
Children conceived/born before decree are legitimate (Art. 54) |
| Successional rights |
Spouses considered strangers ab initio; intestate rights lost retroactively |
Rights lost only from finality of decree |
| Use of surnames |
Spouse may revert to maiden name upon finality (Art. 63 ¶2, civil status regs.) |
|
| Remarriage |
Allowed after compliance with Arts. 52-53; otherwise next marriage is void |
|
9. Alternative or complementary remedies
| Remedy |
When to prefer |
| Legal Separation |
Want separation of bed & board while preserving marriage bond (religious scruples; property protection). |
| Recognition of foreign divorce (Art. 26 ¶2) |
Filipino married to a foreigner who later obtains a valid foreign divorce. |
| Church nullity decree |
Needed for Catholics wishing to remarry in church; does not have civil effect unless pending Church Nullity Act becomes law. (‘Church Nullity Act’ hurdles House panel - Philippine News Agency) |
| Proposed Divorce Law |
Still pending as of Apr 2025; no secular divorce yet in PH. |
10. Recent policy trends (2023-2025)
11. Practical checklist for would-be petitioners
- Clarify the ground – match facts squarely with Art. 35/36/37/38 or 45.
- Gather documents early – PSA certificates, proof of residence, documentary proof.
- Budget realistically – include psychological report, translations, and appearance-related costs outside Metro Manila.
- Expect mandatory court-annexed mediation – though rarely successful, failure to attend may delay the case.
- Comply with e-filing rules – verify court e-mail address, observe PDF-A format and 4 p.m. cutoff.
- Record the decree – secure annotated PSA copies; without annotation, remarriage will be void (Art. 53).
12. Key take-aways
- The Philippines still has no absolute divorce; annulment and declarations of nullity remain the primary civil remedies to end a marriage.
- Void and voidable marriages differ fundamentally in origin, prescription, and effects on children & property.
- Psychological incapacity—now interpreted more liberally after Tan-Andal—is the most litigated ground.
- Starting April 2025, annulment/nullity pleadings must be e-filed, signalling shorter timelines and lower logistical costs.
- Pending bills may soon further liberalise or diversify grounds and recognise church decisions, but, as of April 30 2025, they are not yet law.
*This article reflects law and Supreme Court policy current to 30 April 2025 (Asia/Manila). Always check the latest Supreme Court circulars and legislation before filing.*