Annulment Procedures and Requirements in the Philippines

This guide is for general information only and is not a substitute for legal advice.

1) Two Different Civil Remedies: Annulment vs. Declaration of Nullity

In Philippine law, people often say “annulment” for any process that ends a marriage. Legally, there are two distinct actions:

Declaration of Absolute Nullity of Marriage (Void Marriage) The marriage was void from the start (as if it never existed). Common examples:
- Psychological incapacity (Family Code, Art. 36) existing at the time of marriage and continuing.
- No marriage license, or the officer had no authority to solemnize (with narrow good-faith exceptions).
- Bigamous or polygamous marriage (except when the prior spouse was presumed dead and statutory requirements were met).
- Incestuous marriages, and marriages void by public policy (e.g., step-relations within prohibited degrees).
Actions to declare a void marriage do not prescribe (no time limit).
Annulment of Voidable Marriage (Voidable Marriage) The marriage was valid until annulled. Grounds exist at the time of marriage but the law allows “ratification” by free cohabitation after the defect ceases. Grounds include:
- Lack of parental consent for a party 18–21 years old at the time of marriage.
- Insanity existing at the time of marriage.
- Fraud (e.g., concealment of pregnancy by another man, conviction for a crime of moral turpitude, drug addiction, habitual alcoholism, homosexuality/lesbianism, or an STI), discovered only after the wedding.
- Force, intimidation, or undue influence.
- Impotence existing at the time of marriage and incurable.
- Sexually transmissible disease existing at the time of marriage and serious/incurable.
Actions for annulment prescribe (see §6 below).

Civil vs. Church Annulment: A declaration from a church tribunal has no civil effect by itself. Only a civil court judgment dissolves the civil marriage.

2) Where and How to File

Court: Family Courts (designated Regional Trial Courts) have exclusive original jurisdiction over petitions for declaration of nullity and annulment.
Venue: Generally where the petitioner or respondent resides.
Parties: The petitioner sues the other spouse (respondent). The public prosecutor and the Office of the Solicitor General (OSG) participate to ensure there is no collusion and no fabrication of evidence.
Governing Rules: The Family Code and the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC, as amended), alongside the Rules of Court.

3) What You Need to Prepare

Core documents (typical):

PSA (Philippine Statistics Authority) Marriage Certificate (and Certificate of No Marriage Record, if relevant).
Birth certificates of children (if any).
IDs/proof of residence, latest cedula/barangay certificate (for venue), and recent photos (optional but common).
Judicial affidavits of the petitioner and witnesses.
Specialized evidence depending on the ground (e.g., psychological assessment for Art. 36, medical records, police reports, letters, messages, financial records, etc.).

There is no fixed list; the evidence must prove the ground existed at the time of marriage (and, for many grounds, that it continues).

4) Psychological Incapacity (Art. 36) at a Glance

Nature: A juridical incapacity (not mere difficulty or refusal) to assume essential marital obligations—e.g., commitment, fidelity, respect, cooperation, parental duties—existing at the time of marriage and continuing.
Proof: The Supreme Court has clarified that expert testimony is helpful but not indispensable; what matters is clear, convincing proof that the incapacity meets the legal standards (e.g., gravity, antecedence, incurability as a juridical condition).
Common evidence: Life history, patterns of behavior, testimony from relatives/friends, records showing long-standing traits, and where applicable a psychological report tying facts to incapacity.

5) Step-by-Step Procedure

Consultation and case assessment. Identify the correct action (void vs. voidable) and ground(s).
Drafting & filing the petition in the proper Family Court, with verified allegations and attached documents. Pay filing fees (varies).
Raffle and issuance of summons. The case is raffled to a judge; respondent is served.
Public Prosecutor’s investigation of collusion and report to the court.
Pre-trial. The judge narrows issues, attempts settlement only on ancillary matters (custody, support, property). Validity of marriage cannot be compromised.
Trial. Presentation and cross-examination of witnesses (petitioner, corroborating witnesses, experts). The prosecutor and OSG may pose questions.
Decision. If granted, the court issues a Decision declaring the marriage void or annulled, with rulings on custody, support, property relations, and surnames as appropriate.
Finality. After the appeal period lapses (or after appellate review), a Certificate of Finality is issued.
Civil registry annotation. The decision and entry of judgment are registered with the Local Civil Registry (LCR) and PSA to annotate the marriage record.
Post-judgment implementation. Liquidation of property regime, delivery of presumptive legitimes (if applicable), issuance of new PSA copies, etc.

No newspaper publication is required for annulment/nullity; what matters is civil registry annotation after finality.

6) Time Limits (Prescription) and Ratification (Voidable Marriages)

Lack of parental consent (18–21):
- By the party whose consent was lacking: within 5 years after turning 21;
- By the parents/guardian: before the party turns 21.
- Ratification: Free cohabitation after 21 bars annulment.
Insanity:
- Action by the sane spouse: before the death of either party;
- By relatives/guardian of the insane spouse: any time before death or regaining sanity.
- Ratification: Free cohabitation after regaining sanity bars annulment.
Fraud: Within 5 years from discovery of the fraud; ratified by free cohabitation after discovery.
Force/intimidation/undue influence: Within 5 years from cessation of the cause; ratified by free cohabitation thereafter.
Impotence or serious/incurable STI (existing at marriage): Within 5 years from the marriage.

Void marriages: no prescription; the action can be filed at any time.

7) Children’s Status, Custody, and Support

Voidable marriages annulled: Children conceived or born before the decree becomes final are legitimate.
Void marriages: As a general rule, children are illegitimate, subject to statutory exceptions; however, they retain rights to support and inheritance in accordance with the law.
Custody: Decided based on the best interests of the child (age, needs, parental capacity).
Support: Both parents remain obliged to support their children regardless of the case outcome.

8) Property Relations and Financial Effects

Property issues depend on the matrimonial property regime:

Absolute Community or Conjugal Partnership: Upon a grant of nullity/annulment, the court orders liquidation, partition, and delivery of presumptive legitimes of common children.
Void marriages without a valid property regime: The law often treats acquisitions under co-ownership rules (e.g., Article 147 for unions where both parties could marry, Article 148 for unions where one or both were disqualified, such as bigamous/adulterous relations), with forfeiture of the bad-faith party’s share for the benefit of common children under certain circumstances.

Courts may award damages and attorney’s fees in appropriate cases.

9) Surnames and Civil Registry Changes

A wife may resume her maiden name after finality of a decree; a husband retains his name.
The court’s decision and entry of judgment must be entered in the civil registry to update PSA records.
Children’s legitimacy and surnames follow statutory rules; separate civil registry petitions (e.g., correction/change of name) may be needed for specific alterations.

10) Provisional (Interim) Reliefs During the Case

Courts may grant pendente lite (while the case is pending):

Child custody and support orders;
Spousal support (if warranted);
Injunctions or protection orders (if facts overlap with violence or threats);
Exclusive use of the home or property restraints to prevent dissipation.

11) Appeals and Post-Judgment Remedies

A losing party may appeal to the Court of Appeals within the reglementary period.
Certain errors may be addressed via motions for reconsideration, or—after finality—only via extraordinary remedies in exceptional cases.

12) Costs and Timelines

Filing and professional fees vary widely by venue, complexity, and evidence required (e.g., expert testimony).
Duration depends on court docket, cooperation of parties, availability of witnesses/experts, and whether the case is contested.

13) Common Pitfalls & Practical Tips

Mismatching the remedy: Use declaration of nullity for void marriages; annulment for voidable marriages.
Thin evidence: Allegations must be supported by concrete, credible proof connecting facts to the legal ground at the time of marriage.
Collusion or coached testimony: The prosecutor and OSG actively check for collusion; coached narratives risk dismissal.
Skipping civil registry work: Even with a favorable decision, your PSA record won’t change until the judgment is final and annotated.
Overlooking related remedies: In mixed-nationality marriages, recognition of a foreign divorce (rather than annulment) may be the correct civil remedy.
Conflating church and civil processes: Church decrees do not alter civil status without a civil judgment.

14) Quick Comparison: Nullity, Annulment, Legal Separation, Foreign Divorce

Remedy	Ends the civil marriage?	Ground exists at marriage?	Time limit?	Can remarry after?	Notes
Declaration of Nullity (void)	Yes	Yes (e.g., Art. 36, bigamy)	No	Yes, after finality & PSA annotation	Treats marriage as never valid
Annulment (voidable)	Yes	Yes (e.g., fraud, lack of consent)	Yes (varies by ground)	Yes, after finality & PSA annotation	Marriage valid until annulled
Legal Separation	No	Marital fault after marriage	N/A	No	Spouses live separately; property separation; no remarriage
Recognition of Foreign Divorce	Yes (upon recognition)	N/A	None set by statute, but file promptly	Yes, after recognition & PSA annotation	Proper when a valid foreign divorce exists; procedure differs

15) What a Lawyer Will Usually Ask You

Wedding facts: date, place, officer, license, witnesses.
Relationship history before the wedding (to test antecedence of the ground).
Post-wedding behavior: patterns showing incapacity, fraud, force, or other ground elements; supporting documents and witnesses.
Children and property: inventory of assets, debts, and your goals for custody/support.
Prior cases: protection orders, criminal complaints, or foreign proceedings.

16) Checklist (Starter)

Identify the correct remedy (nullity vs. annulment).
Map facts to elements of the chosen ground.
Gather PSA documents and proof of residence.
Line up witnesses and documentary evidence; consider an expert if it will clarify the ground.
Prepare for pre-trial (issues, stipulations, exhibits).
Plan for custody/support pendente lite where needed.
After a favorable decision, monitor finality and ensure PSA annotation.

Final Note

Every case turns on specific facts and evidence. If you’re considering filing—or defending—a case, consult counsel to assess the right remedy, strength of proof, and the practical path (including costs, timelines, and strategic use of interim relief).