Annulment vs. Declaration of Nullity for Marriages Without a License (Philippines)

Process, Cost, and Timeline — a practical, everything-you-need-to-know guide

Key takeaway: If a Philippine marriage was celebrated without a valid marriage license and none of the narrow legal exceptions apply, the marriage is void from the beginning (void ab initio). The correct case is a Petition for Declaration of Absolute Nullity of Void Marriage (not “annulment”). “Annulment” applies only to voidable marriages (different grounds, different effects).

1) Concepts you must separate

A. Declaration of Nullity (for void marriages)

Says the marriage never legally existed because a fundamental legal requirement was missing (e.g., no valid marriage license).
Ground is present on the wedding day and cannot be “cured” by time (except by remarrying validly after a decree and compliance with the law).
Typical grounds include: no license, lack of authority of the officiant (with narrow good-faith exceptions), psychological incapacity, incestuous or prohibited marriages, bigamy (subject to specific rules), etc.
Children (except those born under psychological-incapacity cases) are generally illegitimate; property relations fall under Articles 147 or 148 (cohabitation rules), not conjugal partnership/absolute community.

B. Annulment (for voidable marriages)

Assumes the marriage was valid at the start but had a defect that allows one spouse to ask to set it aside (e.g., lack of parental consent for an 18–20-year-old, insanity, fraud, force/intimidation, incurable impotence, serious and incurable STD).
If no case is filed in time or the marriage is ratified by law (e.g., continued cohabitation after reaching 21, etc.), the marriage stays valid.
Children remain legitimate; property regime is the usual conjugal/ACP until annulment is decreed.

2) The marriage-license rule (and its exceptions)

The rule

A marriage license is a formal requisite. If you marry without one (or with an expired/fake license), the marriage is void ab initio.

Narrow, fact-specific exceptions (no license required)

The Family Code lists limited scenarios where a license isn’t required, including—at a high level:

In articulo mortis: marriage in danger of death.
When obtaining a license is impracticable due to specific circumstances prescribed by law (e.g., certain remote/isolated situations, marriages on board a ship/plane while in transit, or after calamities under defined conditions).
Five-year cohabitation: a man and a woman who have lived together as husband and wife for at least 5 years and had no legal impediment to marry each other throughout that period. (Law requires a sworn Affidavit of Cohabitation and compliance with the formal ceremony.)
Marriages governed by special personal laws (e.g., under the Code of Muslim Personal Laws), which have their own rules.

Why this matters: If your facts fit a statutory exception and the formalities for that exception were met, the marriage may be valid even without a civil license. If they don’t, the correct action is a Declaration of Nullity based on lack of license—not an annulment.

3) Choosing the correct case for “no license”

Correct pleading: Petition for Declaration of Absolute Nullity of Void Marriage (ground: marriage celebrated without a valid license, no exception applies).
Wrong pleading: Annulment (this is for voidable marriages and does not apply to “no license”).

4) The process, step by step

These cases are governed by the Supreme Court’s special rules for nullity/annulment. Here’s the practical flow:

Pre-filing assessment & evidence building
- Gather:
  - PSA-certified marriage certificate (look at the license number; note inconsistencies).
  - Certifications from the Local Civil Registrar (LCR) where the license was supposedly issued and, where useful, from the PSA, stating that no such license exists/no license was issued/license number does not match.
  - If a “license” appears, secure proof it was expired, spurious, or improperly issued.
  - Identity/residence documents for venue; children’s birth certificates; any proof negating the exceptions (e.g., cohabitation less than 5 years, presence of a legal impediment during cohabitation, no valid Affidavit of Cohabitation, etc.).
- Strategy: You’ll typically present the LCR records custodian (or certified negative search) and, if needed, the solemnizing officer.
Filing & venue
- File in a designated Family Court (RTC) in the province/city where either spouse resides.
- Petition must be verified and include a certification against forum shopping and required civil registry attachments.
After filing
- Case is raffled to a Family Court branch.
- Court issues summons to the other spouse.
- The Public Prosecutor is directed to investigate collusion and to appear (to ensure the case is not fabricated or friendly).
- The Office of the Solicitor General (OSG) represents the Republic and is furnished copies; it may appear and even appeal.
Pre-trial
- Mandatory. The court narrows issues (e.g., Did a valid license exist? Do exceptions apply?).
- The court can explore provisional matters (e.g., child support, custody, use of family home).
Trial
- Petitioner’s testimony and documentary evidence (civil registry records are key).
- Testimony of LCR custodian/record officer to prove non-issuance or invalid license.
- Cross-examination; respondent may oppose or default (but no judgment by compromise; the court must still require proof).
Decision
- If granted: the court declares the marriage void ab initio for lack of a valid license.
- The court may also resolve custody, support, and property incidents per the Family Code.
Post-judgment actions
- Entry of Judgment (after appeal period).
- Court/Clerk transmits the decree to the LCR where the marriage was recorded and to the Civil Registrar General (PSA) for annotation; you later request PSA copies showing the annotation.
- Comply with any orders on property partition, support, and custody.

5) Evidence kit for a “no license” case

PSA copy of the marriage certificate (and, if available, the municipal civil registry copy).
LCR certification (and/or PSA verification) that no license with the stated number/name/date was issued, or that the “license” was expired/spurious/defective at the time of the ceremony.
Affidavits of LCR personnel / testimony of the custodian.
Solemnizing officer’s testimony or records, where helpful.
Proof negating exceptions (e.g., that 5-year cohabitation did not exist without impediment; that an Affidavit of Cohabitation was not executed; that conditions for in articulo mortis / remote place / ship/plane rules were not met).
Identity, residence, and child-related documents for incidental relief.

Note on the 5-year cohabitation exception: All elements must be proven (continuous 5 years before the wedding, no legal impediment throughout, and compliance with the required affidavit/ceremony formalities). If an element is missing, the exception fails.

6) Timeline (realistic planning)

Court speeds vary dramatically. A planning-grade view:

Preparation & gathering certifications: ~ 2–8 weeks
Filing, raffle, issuance/serving of summons: ~ 3–10 weeks (longer if spouse is overseas/unknown address; service by publication adds months)
Prosecutor’s collusion report & pre-trial: ~ 1–3 months after joinder of issues
Trial (presentation of witnesses/records): ~ 3–9 months depending on court calendars and number of settings
Decision drafting & release: ~ 1–3 months after last hearing
Finality (no appeal): 30 days from receipt of decision
Civil registry annotation (LCR & PSA): ~ 2–6 months after entry of judgment

Rule-of-thumb total: 12–24 months for straightforward, uncontested “no license” cases. Contested cases, missing respondents, publication, busy courts, or multiple incidental issues can extend well beyond this.

7) Costs (how to budget)

Actual costs depend on counsel, venue, complexity, and service issues. Use this planning framework:

Professional fees (lawyer): commonly ₱120,000–₱450,000+ spread over tranches (acceptance + appearance fees). Complex or out-of-town cases may exceed this.
Court filing & docket fees (Family Court): often in the low thousands of pesos; add sheriff/process fees.
Service costs: personal service, publication (only if court-ordered for summons), courier — could range from a few thousand to tens of thousands if publication is needed.
Transcripts (TSN), exhibits, notarization, copies: budget ₱5,000–₱30,000 depending on length of trial.
Records retrieval: PSA & LCR certificates, certified true copies — typically hundreds to a few thousand pesos total.
Expert fees: Not usually needed for a pure “no license” ground (unlike psychological-incapacity cases).
Travel & contingencies: set aside 10–15% of your running budget.

To control costs: keep hearings efficient (well-prepared witnesses and complete civil-registry proofs), ensure respondent’s address is accurate to avoid failed service, and consolidate issues (custody/support/property) where appropriate.

8) Consequences if the marriage is declared void for no license

Status: spouses are treated as having never been married to each other.
Children: generally illegitimate (except children of marriages void under psychological incapacity, who are legitimate by statute). Illegitimate children are entitled to support and successional rights as provided by law; surname rules follow the illegitimacy framework unless validly changed.
Parental authority & custody: For illegitimate children, the mother exercises sole parental authority by default; the court may still craft custody/visitation orders in the child’s best interests (with the tender-age consideration for very young children, subject to exceptions).
Property: Articles 147/148 apply (cohabitation rules), not conjugal/ACP.
- If neither was married to someone else: properties acquired by both through their work or industry are co-owned, generally in equal shares, subject to good/bad-faith adjustments.
- If one/both had a legal impediment (e.g., bigamy/adultery context): each gets only what he/she actually contributed; bad-faith parties can be penalized in their share.
Surnames/documents: A spouse may revert to maiden name; update PSA records, passport, SSS/PhilHealth, bank/land titles, etc., using the annotated PSA marriage record and the final judgment.

9) Special scenarios & practical notes

Church wedding but no civil license: Philippine law still requires a civil license (unless you truly qualify under a statutory exception and complied with its formalities). A purely religious wedding does not bypass the license requirement.
Expired license: A license is valid only for a limited period (counted in days) from issuance. If the wedding occurred after expiry, it is treated as if no license existed.
Foreign marriages: As a rule, a marriage valid where celebrated is valid in the Philippines, subject to Philippine public-policy exceptions. The “no license” analysis depends on the law of the place of celebration and the officiant involved. Get counsel to evaluate documents and conflict-of-laws issues.
Pre-Family Code marriages (before Aug 3, 1988): The Civil Code applied then; license rules and exceptions were broadly similar but check the governing law at the time of the ceremony.
No default/compromise: Even if the respondent doesn’t appear, the court cannot grant a decree without sufficient proof; the Prosecutor and OSG ensure integrity of the process.

10) Quick checklists

Do we file for Declaration of Nullity (no license)?

PSA/LCR proofs show no license/expired/spurious license.
No exception (in articulo mortis, remote/calamity, 5-year cohabitation with no impediment and affidavit/ceremony compliance, or special personal laws).
We can present the LCR custodian or certified negative searches.

Document pack to prepare

PSA marriage certificate (and LCR copy)
LCR/PSA certifications re license
IDs, proof of residence (venue)
Children’s PSA birth certificates
Evidence negating exceptions (if at issue)
Any prior court orders relevant to custody/support/property

11) FAQs

Q: We lived together for 5+ years and married without a license, but we forgot the Affidavit of Cohabitation. Are we safe? A: The exception has strict elements and formalities. Missing the required affidavit or failing any element can defeat the exception. Expect the court to scrutinize this closely.

Q: Can we “switch” to annulment if nullity seems hard to prove? A: Not for no-license facts. Annulment is a different remedy for different grounds. Your pleading must match the true legal ground.

Q: Who has custody while the case is pending? A: The court can issue interim orders on custody, support, and restraint (e.g., non-harassment orders) based on the child’s best interests.

12) Practical strategy tips

Front-load civil-registry evidence. The LCR certification (and PSA verification where appropriate) is the heart of a “no license” case.
Anticipate the exceptions. If the other side will claim the 5-year cohabitation or other exception, prepare documentary and testimonial evidence to rebut it.
Keep hearings tight. One well-prepared hearing beats three scattered ones; your goal is minimal resets.
Think downstream: Start the PSA/LCR annotation follow-ups as soon as the judgment becomes final; that’s how your civil records get updated for passports, banks, schools, etc.

Final note

This is a general guide, not legal advice. Family-court practice is technical and fact-sensitive. A Philippine family-law practitioner can evaluate your documents and tailor the pleadings, witnesses, and evidence to your exact situation—especially if an exception might arguably apply or if there are children/property complications.