Here’s a practitioner-style explainer you can rely on when advising clients or preparing paperwork on Annulment / Declaration of Nullity of Marriage (Philippines)—organized around the legal bases, grounds, procedure, evidence, timelines, and effects. No web sources used.

Annulment Process and Requirements (Philippines)

In Philippine law, people often say “annulment” to mean any way of ending a marriage. Legally, there are two distinct tracks:

Declaration of Nullity (void marriages from the start), e.g., psychological incapacity (Art. 36), lack of license, bigamy, incestuous/void by law.

Annulment (voidable marriages that were valid at the time but can be annulled), e.g., lack of parental consent (for ages 18–20 at the time of marriage), vitiated consent (fraud, intimidation, undue influence), impotence, STD.

Legal separation does not end the marriage; it only separates bed and board and settles property/custody/support.

1) Governing framework & roles

Family Code (as amended) governs grounds, effects, and procedure.
Rules of Court and special rules on petitions for declaration of absolute nullity and annulment.
Public Prosecutor participates to rule out collusion and ensures evidence is not fabricated.
Office of the Solicitor General (OSG) (or the City/Provincial Prosecutor as deputized) represents the State on appeal and guards the institution of marriage.
Civil Registrar/PSA: annotate the marriage record upon finality.

2) Grounds

A. Declaration of Nullity (void from the beginning)

Psychological incapacity (Art. 36). A grave, antecedent, and incurable incapacity to assume the essential marital obligations (e.g., inability to commit to fidelity, shared life, parental duties).
- The Supreme Court has clarified this is a legal—not purely medical—concept; expert testimony is helpful but not strictly indispensable if other proof sufficiently shows the incapacity’s gravity, antecedence, and incurability.
Lack of essential/requisite formalities:
- No marriage license (except license-exempt unions like those of long cohabitation under specific conditions).
- No authority of the solemnizing officer (unless parties were in good faith and officer had colorable authority—facts matter).
- No valid ceremony (no personal appearance; mere signing of a contract is not a marriage).
Bigamous or polygamous marriage (prior valid marriage still subsisting at the time of the subsequent one).
Incestuous and void for public policy (e.g., within prohibited degrees of consanguinity/affinity; step-relations specified by law).
Mistake as to identity of a party.
Subsequent marriages void under specific statutes (e.g., without compliance with foreign divorce recognition rules—see §10 below).

B. Annulment (voidable; valid until annulled)

Lack of parental consent (party was 18–20 at marriage; must sue within 5 years after turning 21, and provided the parties did not freely cohabit as spouses after reaching 21).
Insanity (existing at time of marriage; suit during lucid interval or by guardian; ratified by free cohabitation after regaining sanity = bar).
Fraud (e.g., concealment of a criminal conviction, pregnancy by another man, STD, impotence, or other kinds specifically recognized in law). Must file within 5 years from discovery and before cohabitation that would ratify.
Intimidation/undue influence/force (file within 5 years after it ceases).
Impotence (existing and incurable; suit within 5 years).
Serious sexually transmissible disease existing at marriage, and apparently incurable (within 5 years from discovery).

Key differences:

Void: never valid; can be attacked anytime (subject to equitable defenses but generally imprescriptible) and even collaterally in some contexts.

Voidable: valid until annulled; subject to strict prescriptive periods and can be ratified by free cohabitation after the defect ceases or is discovered.

3) Venue & jurisdiction

File with the Family Court (Regional Trial Court designated as such) where either spouse resides.
Personal jurisdiction over respondent is obtained by service of summons; if abroad or cannot be found, substituted or extraterritorial service may be authorized upon motion and proof.

4) What you must prove (by preponderance of evidence)

Marital facts: identity of parties, marriage certificate, circumstances at the time of celebration.
Ground-specific elements (e.g., for Art. 36: gravity, antecedence, incurability, and clear linkage to failure to assume essential marital obligations like fidelity, mutual help, respect, support, cohabitation, parental duties).
No collusion: the State (Prosecutor) will independently test for collusion/simulation.

5) Evidence & witnesses (practical)

Documentary: PSA/LCRO marriage certificate, birth certificates of children, medical/psychological evaluations (if any), communications (messages, emails, journals), police blotters or protection orders if relevant, immigration/work records to show abandonment patterns.
Testimonial: petitioner, corroborating witnesses (siblings, friends, co-workers), expert (clinical psychologist/psychiatrist) when helpful—especially for Art. 36.
Admissions: letters, chats, social-media posts, recordings (lawful), prior criminal/civil records.
For bigamy: certified true copies of both marriage certificates, plus proof of subsistence of the first marriage (lack of its dissolution/annotation).

6) Procedure (typical flow)

Intake & case theory. Identify correct ground and map proof to elements.
Draft Petition (verified; with certifications against forum shopping; attach basic annexes). State detailed ultimate facts, not conclusions.
Filing & raffling to a Family Court; payment of filing and sheriff’s fees (fee waiver/indigency possible with approved motion).
Summons to respondent; if abroad/unknown, move for leave for extraterritorial/substituted service with supporting affidavit.
Mandatory appearances:
- Pre-trial/mediation/JO (Judicial Dispute Resolution)—some courts still attempt settlement on property/support/custody but not to “save” a void marriage.
- Prosecutor’s participation to detect collusion.
Trial: petitioner’s evidence first; respondent may oppose/consent (consent alone does not grant the petition).
Memoranda (some courts require).
Decision. If granted, court issues Decree of Nullity (void) or Decree of Annulment (voidable).
Finality: After the judgment becomes final and executory, secure Entry of Judgment.
Civil Registry annotation:
- Submit certified copies of the Decree, Entry of Judgment, and Decision to LCRO and PSA to annotate the marriage record (and birth records of children for custody/legitimacy notes where applicable).
Post-judgment implementation: partition/liquidation of properties, issuance of new IDs/records, passport/marital status updates, and marriage license eligibility (see §11).

Timelines vary widely by court docket, complexity, service of summons (especially if respondent is abroad), and whether expert testimony is presented.

7) Provisional and incidental reliefs you can ask for

Custody and parenting time (best interests standard; tender-age rule favors mother under seven absent compelling reasons).
Support pendente lite for children (and sometimes spousal support pendente lite depending on facts).
Injunctions against harassment or asset dissipation; hold departure orders in exceptional cases involving minors.
Protection Orders under VAWC (separate special proceeding, but may run parallel).

8) Property regimes & money matters

A. What happens to property after a granted petition

Void marriage: generally, co-ownership applies to properties acquired through joint contributions; if either or both spouses acted in bad faith, the bad-faith party may forfeit his/her share to any common children, or absent them, to the innocent spouse (equities and jurisprudence control).
Voidable marriage annulled: conjugal partnership/absolute community is dissolved and liquidated; donations by reason of marriage may be revoked.
Support and custody of common children are determined by the court regardless of property regime outcome.

B. Donations, benefits, surnames

Donations propter nuptias: generally revoked upon annulment; void marriages have their own rules.
Use of surname: After finality, a wife may resume maiden name (or keep the husband’s surname in limited cases if the court allows and equity supports).
Successional rights: Effects differ between void and voidable; children’s rights are protected (see legitimacy below).

9) Children: legitimacy, custody, support, filiation

Legitimacy:
- Voidable marriage annulled → children conceived/born before final judgment remain legitimate.
- Void marriage → children may be legitimated by subsequent valid marriage of the parents (if possible) or recognized as illegitimate with corresponding rights (e.g., support, legitime as illegitimate children).
Custody: Best interests standard; practical parenting plan is encouraged (schooling, holidays, travel authorizations).
Support: Both parents must support children in proportion to means; can be fixed in the decree and enforced by execution.

10) Interplay with foreign divorce and bigamy

A Filipino spouse cannot unilaterally dissolve a PH marriage by getting a foreign divorce unless it is a divorce validly obtained by the foreign spouse and thereafter judicially recognized in the Philippines.
After recognition of foreign divorce in a local court (separate special civil action), the Filipino is considered capacitated to remarry; annotation follows at PSA.
Bigamy risk: Remarrying before securing a final local court judgment (annulment/nullity or recognition of foreign divorce) may expose one to bigamy charges, even if a foreign divorce exists.

11) Can I remarry—and when?

You may apply for a new marriage license only after:

The Decision has become final and executory;
You have an Entry of Judgment; and
The Decree has been annotated on the PSA marriage record. Practical tip: obtain multiple certified copies of the Decision, Decree, Entry of Judgment, and PSA annotated record.

12) Costs (typical—not fixed by law)

Filing fees (Family Court; may be waived for indigents).
Professional fees (lawyer; vary by case/court/city).
Expert fees (if using psychologist/psychiatrist).
Miscellaneous: photocopying, travel for service of summons, publication (rarely required in these cases unless court orders).

13) Common pitfalls & how to avoid them

Wrong ground (e.g., using annulment grounds for a void marriage). Diagnose facts first.
Thin evidence on Art. 36 (pure labels like “immature” without specific, antecedent, incurable manifestations linked to essential obligations).
Collusion signals (scripted, identical stories; no real adversity). Expect prosecutor questions.
Service of summons issues (respondent abroad). Prepare early for extraterritorial service—affidavit of last known address, consular conventions, apostilles.
Failure to liquidate properties: ask the court to reserve or consolidate property issues; otherwise, you may need a separate action.
Remarriage without annotation: Do not remarry until PSA shows the annotation—criminal and civil risks are real.

14) Strategic checklists

A) Filing packet (minimum)

Verified Petition with Certification against Forum Shopping
PSA/LCRO Marriage Certificate (CTC)
Birth certificates of children (if any)
Evidence tabs supporting the ground (docs + witness list)
Special Power of Attorney if petitioner abroad (with apostille/consular acknowledgment)
Motion(s) re: service of summons if needed

B) Art. 36 (psychological incapacity) proof map

Antecedence: facts before or at marriage (family history, premarital behavior).
Gravity: concrete episodes showing inability (not mere difficulty) to assume obligations (serial infidelity with lack of remorse, chronic irresponsibility, pathological jealousy/violence, compulsive deceit, abandonment patterns).
Incurability: history of unresponsiveness to change, repeated relapse, refusal of therapy; expert’s prognosis or functional indicators.

C) After-grant action list

Secure Decision, Decree, Entry of Judgment → Annotate at LCRO/PSA
Update IDs, bank, SSS/GSIS, Pag-IBIG, PhilHealth
Implement custody/support and property liquidation terms

15) Model headings/clauses you can adapt

Petition Caption (core allegations):

Jurisdiction & venue; identities and residence
Date/place of marriage; governing property regime
Cause of action (e.g., Declaration of Nullity under Art. 36) with ultimate facts fitted to elements
Prayer: decree of nullity/annulment; custody/support; property liquidation; authority to revert to maiden name; delivery of documents for PSA annotation; other just reliefs

Prayer for Provisional Reliefs (sample):

Temporary custody of minor children; support pendente lite; restraining order against harassment; service of summons by special modes; commission for taking testimony of an overseas witness by remote means.

16) FAQs (quick answers)

Do we need both spouses to agree? No. Consent doesn’t grant or defeat the case; evidence does.
Can we just “separate” and remarry later? No. Remarriage requires a final judgment plus PSA annotation.
Do we need a psychologist? Helpful in many Art. 36 cases, but not strictly required if other competent evidence establishes the elements.
What if there’s a foreign divorce? If obtained by the foreign spouse, you must file a petition for recognition locally before remarrying. If both are Filipinos at the time of divorce, a foreign divorce generally won’t be recognized to dissolve the PH marriage.
Can we file property partition first? You can, but courts generally prefer to decide status first, then take up liquidation or reserve it.

17) Bottom line

Success turns on (1) choosing the correct legal track (void vs. voidable), (2) aligning facts to elements (especially for psychological incapacity), (3) clean procedure (service, prosecutor participation, no collusion), and (4) completing post-judgment annotations before any change of civil status or remarriage.

If you’d like, I can draft a ground-specific petition template (Art. 36, bigamy, or fraud) and a post-judgment PSA annotation checklist tailored to your facts.