Annulment (and Declaration of Nullity) in the Philippines
A 2025 Guide for Lawyers, Litigants, and Students
1. Key Take-Aways at a Glance
| Question | Quick Answer (2025) |
|---|---|
| Is there “divorce” in the Philippines? | Civil divorce remains unavailable to Filipino citizens. Marriages may be void (declared nullity) or voidable (annulled). A foreign divorce obtained by a foreign spouse may be recognized locally under Art. 26 (2) of the Family Code. |
| Main statutes? | Family Code of the Philippines (E.O. 209, 1987, as amended); Civil Code (repealed provisions still relevant for property liquidation); Rules of Court; A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity and Annulment of Voidable Marriages). |
| Typical grounds used? | • Psychological incapacity (Art. 36) • Bigamy or lack of authority/licence (Arts. 35–37) • Fraud, force, impotence, STD (Art. 45) |
| Residency requirement? | Either spouse must have 6-month domicile in the province and 3-month residence in the city/municipality where the Regional Trial Court (RTC) sits (Rule 2 §2). |
| Average duration & cost? | 1½–3 years is common; total out-of-pocket (filing, publication, professional fees, psychologist) ranges ₱200k – ₱600k. |
| Effect on children? | Declared void ➔ children are illegitimate (Art. 36 marriages are an exception only for legitimation by subsequent valid marriage, which rarely applies). Annulled ➔ children remain legitimate. |
| Can you marry again? | Only after finality, entry of judgment, and annotation on the civil registry. |
All citations refer to the Family Code unless stated otherwise.
2. Legal Architecture
| Category | Core Provisions | Nature | Prescriptive Period |
|---|---|---|---|
| Void marriages (declaration of absolute nullity) | Arts. 35 – 38, 53, 55, 80, 81 + Art. 36 | Inexistent from the beginning; action is imprescriptible. | |
| Voidable marriages (annulment) | Art. 45 | Valid until annulled; action prescribes per Art. 47 (generally 5 years from the cause or reaching majority). | |
| Recognition of foreign divorce | Art. 26 (2), jurisprudence (e.g., Republic v. Orbecido, Japzon v. Japzon) | Special civil action; exclusively available where at least one spouse is a non-Filipino at the time of divorce. |
2.1 Jurisprudential Landmarks on Psychological Incapacity (Art. 36)
| Case | Contribution |
|---|---|
| Santos v. CA (G.R. No. 112019, Jan 4 1995) | First to recognize psychological incapacity separate from insanity; must exist prior to or at marriage. |
| Republic v. Molina (G.R. No. 108763, Feb 13 1997) | Issued the “Molina Guidelines”—stringent proof, expert testimony, root cause requirement. |
| Tan-Andal v. Andal (G.R. No. 196359, May 11 2021) | Softened Molina: incapacity need only be “gravity, juridical antecedence, and incurability”; expert testimony is not indispensable; recognizes “permanent, incurable” personality disorders or even extreme immaturity. |
| Bigamy cases (Morigo v. People, Abundo v. People) | Reiterated that a marriage void under Art. 35 remains void notwithstanding failure to secure a judicial declaration before a second marriage, although bigamy remains criminal absent such declaration. |
3. Grounds Explained
3.1 Void Marriages (Declaration of Absolute Nullity)
- Lack of one or more essential requisites (Art. 4): legal capacity, valid consent.
- Absence of a marriage licence (Art. 35), except special cases.
- Bigamous or polygamous marriages (Art. 35 (4)).
- Psychological incapacity (Art. 36).
- Incestuous and void marriages (Arts. 37-38).
- Marriages void by reason of public policy (Art. 38).
- Underage (< 18 yrs) even with parental consent (Art. 35 (1)).
- Marriage solemnized without authority of the solemnizing officer (Art. 35 (2)).
3.2 Voidable Marriages (Annulment Proper, Art. 45)
- No parental consent (18 – 20 yrs).
- Unsound mind of a party.
- Fraud (e.g., concealment of pregnancy by another man; criminal conviction).
- Force, intimidation, or undue influence.
- Impotence existing and incurable.
- Serious and incurable STD.
Prescription (Art. 47). Generally 5 years from discovery or cessation of force/fraud, or from reaching majority if lack of consent.
4. Step-by-Step Procedure
Below follows the civil procedure under A.M. No. 02-11-10-SC as modified by 2019 Amendments to the Rules of Court.
| Stage | Highlights | Practical Note |
|---|---|---|
| 1 — Consultation & Gathering | Affidavits (petitioner, corroborating witnesses); psychological evaluation (if Art. 36); civil registry docs; proof of domicile. | Psychological report adds ₱25k – ₱80k. |
| 2 — Draft & Verification | Verified Petition for Declaration of Nullity or Annulment (include complete prayer: custody, support, property liquidation). | Attach judicial form affidavits and Certification of Non-Forum Shopping. |
| 3 — Filing & Fees | File at the Family Court (RTC). Fees: docket (~ ₱3,000-5,000), sheriff (~ ₱2,000), publication (~ ₱8,000-15,000). | Indigent litigants may file pauper litigant motion. |
| 4 — Raffle & Summons | Court raffles within 24 hrs; summons served on respondent, the Office of the Solicitor General (OSG), and the Prosecutor. | The Prosecutor appears to ensure no collusion; OSG acts on appeal. |
| 5 — Pre-Trial | Mark exhibits, define issues, attempt settlement on incidental matters (custody, support). | Failure to appear ➔ dismissal (petitioner) or ex-parte (respondent). |
| 6 — Trial | Testimony: petitioner, psychologist/psychiatrist (if any), corroborating witnesses; cross by Prosecutor; OSG may adopt questions. | Courts now limit direct to judicial affidavits under JAD rules. |
| 7 — Memoranda & Judgment | Parties submit memoranda; court decides within 90 days. | Relief includes liquidation, child matters, use of surname. |
| 8 — Appeal | OSG (or aggrieved spouse) may appeal to the Court of Appeals within 15 days. | Decision is final only after entry of judgment. |
| 9 — Civil Registry Annotation | Register of Deeds or LCR annotates marriage certificate & property titles. | Essential for remarriage (Art. 53). |
| 10 — Liquidation of Property | Separate proceeding or incident under Arts. 50-51 (void) or 102/129 (voidable). | Often overlooked; without liquidation, future property relations are risky. |
5. Evidentiary Requirements
- Certified true copies of the marriage certificate and children’s birth certificates.
- Proof of residence (barangay certificate, utility bills).
- Medical or psychological report (for impotence, STD, or Art. 36).
- Documentary proof of grounds (e.g., criminal records, immigration records for bigamy, text messages showing fraud).
- Publication in a newspaper of general circulation (once a week for 2 weeks).
- Live witness testimony confirming overt acts manifesting the ground alleged.
Tip: The Supreme Court relaxed the root-cause doctrine in Tan-Andal. Focus on permanence and incurability, not merely medical diagnosis.
6. Effects of a Successful Action
| Aspect | Void Marriage | Voidable (Annulled) |
|---|---|---|
| Status of marriage | Inexistent from the start. | Valid until annulled; void only prospectively. |
| Property regime | Liquidation of co-ownership under Art. 147/148 (if parties cohabited in bad faith/good faith). | Liquidation of ACPR* or *absolute community under Arts. 102/129; parties may agree. |
| Children’s status | Illegitimate (except legitimate children by subsequent valid marriage under Art. 177). | Legitimate. |
| Succession | No spousal legitime. | Rights cease after finality (Art. 63). |
| Use of surname | Either spouse may revert to maiden name (Art. 63 (4)). | Same. |
| Remarriage | Permissible after entry of judgment and annotation. | Same. |
7. Related Remedies and Common Pitfalls
- Legal Separation (Arts. 55-66). Does not sever the marital bond; no remarriage allowed.
- Domestic Violence (R.A. 9262). Protection orders may run concurrently with annulment.
- Bigamy prosecution (Art. 349, RPC). Filing an annulment after a second marriage does not cure criminal liability.
- Prescriptive periods for voidable marriages often missed: e.g., action for fraud must be filed within 5 years of discovery.
- Failure to include settlement of property/custody in the petition leads to second litigation.
- Unregistered psychological reports—courts reject photocopies without proper identification and testimony.
- Annotation delays: Without annotation, remarriage is void (Art. 53).
8. Frequently Asked Questions (FAQ)
Q 1: Is a Church (canonical) annulment enough? No. A decree from the Catholic Church (or any faith community) has no civil effect unless a separate petition is filed and granted by the civil courts.
Q 2: Can spouses file a joint petition? No. Collusion is prohibited. Only one spouse may be the petitioner, but the other may sign a non-opposition.
Q 3: Do I need a psychologist for Art. 36 now? The Supreme Court in Tan-Andal ruled expert testimony is helpful but not indispensable; lay testimony plus objective evidence of behavior may suffice.
Q 4: Will my foreign divorce be recognized automatically? No. A petition for recognition must be filed in the RTC to prove: (a) valid foreign divorce law, and (b) actual divorce decree.
Q 5: Are absolute divorces coming soon? Several divorce bills have passed the House (e.g., HB 9349 in 2024) but no Senate counterpart became law as of June 2025. Until enacted, annulment/nullity remains the sole remedy for Filipinos.
9. Practical Checklist for Counsel and Litigants
- □ Verify jurisdiction (domicile & venue).
- □ Identify correct cause of action (void vs voidable; recognition vs annulment).
- □ Gather civil registry documents early to avoid PSA delays.
- □ Prepare witnesses—at least two independent corroborations recommended.
- □ Budget realistic costs and allot funds for publication.
- □ Draft property/custody proposals to streamline post-decision enforcement.
- □ Calendar appeal periods (15 days) and monitor OSG notices.
- □ Pursue property liquidation promptly; annotate titles.
- □ Secure Certificates of Finality and Annotation before applying for a marriage licence.
10. Conclusion
While the Philippine legal landscape still resists absolute divorce, the combination of declaration of nullity, annulment of voidable marriages, and recognition of foreign divorces provides limited pathways to end dysfunctional unions. Mastery of ground selection, evidence presentation, and procedural discipline is essential. Recent jurisprudence—most notably Tan-Andal—signals a more compassionate yet still rigorous approach, especially to psychological incapacity.
Legislative developments remain fluid; practitioners and parties should monitor Congress for a possible divorce law and the Supreme Court for further doctrinal shifts. In the meantime, meticulous compliance with the Family Code and the SC Rules ensures the best chance of securing freedom to remarry and a just settlement of property and parental obligations.