1) What a “Declaration of Nullity of Marriage” means

A Declaration of Nullity of Marriage is a court case asking the Regional Trial Court (Family Court) to declare that a marriage is void from the beginning—as if it never legally existed—because it suffers from a defect that the law treats as fatal at the time of celebration.

This is different from annulment (a voidable marriage that is valid until annulled) and legal separation (marriage remains valid but spouses are allowed to live separately). In nullity, the core theory is: the marriage was never valid in law.

Primary legal sources:

Family Code of the Philippines (Executive Order No. 209, as amended)
Rules of Court and Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC)
Judicial Affidavit Rule (A.M. No. 12-8-8-SC) and rules on evidence/procedure, as applicable

2) Common grounds for a Declaration of Nullity (Philippine context)

A petition for nullity must be anchored on a recognized ground for void marriages under the Family Code, such as:

A. No marriage license (general rule)

A marriage is void if celebrated without a valid marriage license, unless it falls under recognized exceptions (e.g., certain marriages in articulo mortis; marriages among persons living together as husband and wife for at least five years without legal impediment, and other exceptions under the Family Code).

B. Bigamous or polygamous marriage

A marriage is void if a party was still legally married to someone else at the time of the subsequent marriage (subject to nuances in cases involving subsequent declaration of nullity of the first marriage and statutory exceptions).

C. Incestuous marriages and those void by public policy

Examples include marriages between certain close relatives and other prohibited relationships specified by the Family Code.

D. Lack of authority of the solemnizing officer

A marriage may be void if solemnized by a person without authority to do so (with limited protection for parties who believed in good faith that the officer had authority, depending on circumstances).

E. Psychological incapacity (Family Code, Article 36)

One of the most commonly litigated grounds: psychological incapacity to comply with the essential marital obligations, existing at the time of marriage, and of such gravity and juridical antecedence that it renders the party unable to perform essential obligations (as developed through jurisprudence). This ground often requires careful pleading and strong evidence (testimony, records, and frequently an expert evaluation), though the law and jurisprudence do not mechanically require any single type of proof.

F. Void for essential defects in formal or essential requisites

Certain defects in the essential requisites (e.g., absence of consent due to reasons recognized by law, depending on facts) can lead to voidness; however, many “consent problems” fall under voidable marriages (annulment) rather than void marriages, so correct classification matters.

3) Who can file, where to file, and against whom

Who may file

Generally, either spouse may file.
The State participates through the Office of the Solicitor General (OSG) (and/or the public prosecutor in specific procedural roles) because the State has an interest in the marital status of citizens.

Proper court and venue

Filed in the Regional Trial Court (Family Court).
Venue is generally the place where the petitioner has resided for at least six months prior to filing, or where the respondent resides, subject to procedural rules and the specifics of the case.

Caption / parties

The respondent is typically the other spouse.
The case involves mandatory participation/notice to the OSG and the prosecutor in the manner required by the special rules.

4) Core requirements before filing: facts, documents, and case theory

A nullity petition is evidence-heavy. The most common reasons petitions fail are: wrong ground, weak factual foundation, and inadequate proof.

A. Minimum factual groundwork

You should be prepared to allege clearly:

Complete marriage details (date, place, solemnizing officer, license details or lack thereof)
Personal circumstances (residences, citizenship, ages at marriage, prior marriages, children)
Specific factual narrative supporting the ground
Chronology showing the defect existed at the time of marriage (especially crucial for Article 36)

B. Typical documents to gather

Exact document lists vary by ground, but commonly include:

PSA Marriage Certificate (certified true copy if possible)
PSA Birth Certificates of spouses
PSA Birth Certificates of children (if any)
Marriage license records (if ground involves absence/defect of license; may require LCR certifications)
CENOMAR/CEMAR (as may be relevant, depending on theory and counsel’s practice)
Proof of residency for venue (IDs, barangay certification, utility bills, lease, etc., depending on court practice)
Evidence of the ground:
- For psychological incapacity: communications, medical/psych records if any, employment records relevant to behavior, police/blotter records, barangay records, proof of abandonment or abuse patterns, sworn statements of witnesses, etc.
- For bigamy: prior marriage certificate, proof prior marriage subsists, and other records
- For lack of authority: proof of the officer’s lack of authority, circumstances of good/bad faith, etc.

C. Witness planning

Most cases need:

Petitioner as witness
At least one corroborating witness (family member, close friend, colleague) with personal knowledge
In many Article 36 cases, an expert witness (psychologist/psychiatrist) may testify, though strategies differ

5) Filing requirements in court: pleadings and procedural steps

A. The petition

A petition for declaration of nullity is a verified petition (signed under oath) that must:

State complete jurisdictional facts (residences, marriage details)
Identify the ground and supporting facts with specificity
Include details on children and property issues, if any
Include prayer for relief (declaration of nullity, custody/support arrangements, property relations, use of surname issues as applicable)

B. Required appearances and State participation

The special rules require:

Measures to prevent collusion
Proper notice/participation by the prosecutor and transmittal/participation of the OSG in the manner required by the rules
Hearing procedures that differ from ordinary civil cases in some respects

C. Service of summons and respondent participation

If respondent participates: litigation may be contested, longer, and more expensive.
If respondent does not participate: the case proceeds, but petitioner still must prove the case; “default” concepts are handled within the framework of the special rules and court practice.

D. Pre-trial and trial

Expect:

Pre-trial briefs, marking of evidence, stipulations
Trial presentation of witnesses and documentary evidence
Application of the Judicial Affidavit Rule (common in RTCs), subject to court directives and exceptions

E. Decision and finality

If granted: a decision declaring the marriage void is issued.
After finality: the decision must be recorded/registered in the civil registry and with the PSA processes through the Local Civil Registrar, following applicable rules and administrative requirements.

6) Costs: what you actually pay for in a nullity case

There is no single “fixed” cost. Total expense depends on location, lawyer’s fee structure, complexity, and whether the case is contested.

A. Lawyer’s fees (largest component)

Common fee arrangements in practice:

Acceptance/retainer fee + appearance fees + pleading fees
Package fees covering the case up to decision (sometimes excluding appeals, publication, expert costs, and incidentals)
Additional fees for:
- contested hearings
- complex property disputes
- custody/support incidents
- difficulty serving summons (e.g., respondent abroad or unknown address)
- motions/appeals

Key reality: If the case is based on Article 36, fees often rise because proof demands are heavier (more hearings, expert involvement, more documents, more drafting, more preparation).

B. Court filing and legal fees

You typically pay:

Docket and filing fees (vary by court and case components)
Sheriff’s fees (service of summons, implementation of court processes)
Transcript/stenographer fees (if needed)
Certification and copying fees
Fees for issuance of certified true copies of orders/decision

These amounts vary depending on:

the particular RTC and local court assessment
whether ancillary relief is sought (support, custody, property-related relief)
number of pleadings and incidents

C. Documentary and civil registry costs

Expect expenses for:

PSA certificates (marriage, births, children)
Local Civil Registry certifications
Notarial costs (verification, affidavits)
Authentication costs if records are from abroad (if relevant)

D. Expert evaluation and testimony (common in Article 36)

If you engage an expert:

Professional fee for evaluation
Report fee
Court appearance fee
Additional cost if respondent is evaluated or if records review is extensive

Note: Some cases are proven without an expert, but many litigants use one due to evidentiary strategy and prevailing court expectations in practice.

E. Other litigation incidentals

Transportation and time costs for multiple hearings
Costs for locating respondent and service (including possible publication-type expenses in specific procedural situations, depending on how summons is authorized)
Psychological testing materials or third-party record requests, if any

7) Practical cost drivers: why one case is cheaper or more expensive than another

Ground used

“Documentary” grounds (e.g., clear absence of license with strong LCR certification) can be more straightforward.
Article 36 tends to be more resource-intensive.

Contested vs. uncontested

Contested cases mean more hearings, cross-examinations, motions, and delays.

Respondent location

Abroad, unknown address, evasive respondent → more cost and time.

Children and property

Custody, visitation, support, and property relations can create multiple incidents and additional evidence.

Quality and availability of records

Missing civil registry entries, inconsistent names/dates, late registrations, or need for certifications can complicate proof.

8) Ancillary issues commonly addressed in nullity cases

A. Children: custody, support, and legitimacy

Nullity does not automatically eliminate obligations to children. Courts may address:

Custody arrangements (best interests of the child standard)
Child support and support arrears
Visitation/parenting time
In some situations, legitimacy/legitimation consequences depend on specific circumstances and applicable law; children’s rights are protected regardless of parents’ marital status issues.

B. Property relations

Depending on the marriage circumstances and good/bad faith findings:

Property regime effects may follow the Family Code’s rules on void marriages and property relations.
Good faith/bad faith can matter significantly to property outcomes.

C. Use of surname

After declaration of nullity, the spouse’s use of surname may need to be aligned with civil registry rules and the court’s directives, depending on circumstances.

9) Evidence essentials: what courts generally look for

A. For “documentary” void grounds

Courts typically want:

Primary documents (PSA/LCR records)
Proper certifications from custodians of records
Clear chain of authenticity and relevance
Witness testimony establishing context and absence/defect

B. For Article 36 (psychological incapacity)

Successful cases usually present:

Concrete, specific acts demonstrating inability to perform essential marital obligations
Proof these traits/conditions existed at the time of marriage (juridical antecedence)
Gravity and persistence, not mere marital incompatibility
Corroboration from credible witnesses with personal knowledge
Expert testimony or evaluation may strengthen the case, but credibility and factual foundation are central

10) Typical timeline (procedural reality)

Timelines vary widely by court docket congestion and whether contested. A case may take:

months to several years from filing to final decision and registration, depending on hearings, resets, service issues, and complexity.

11) Step-by-step overview of the process

Consultation and case evaluation (determine correct remedy: nullity vs annulment vs legal separation)
Document collection (PSA/LCR records, residency proof, evidence for ground)
Drafting and notarization of verified petition and supporting affidavits
Filing with RTC Family Court and payment of assessed fees
Raffle and issuance of summons
Service of summons and respondent answer (or non-participation)
Prosecutor/OSG participation per special rules; collusion check
Pre-trial (issues simplified, evidence marked)
Trial (judicial affidavits, testimonies, cross, formal offer of evidence)
Decision
Finality and entry of judgment
Registration with LCR and PSA annotation processes

12) Common mistakes that derail petitions

Filing the wrong remedy (nullity vs annulment)
Using Article 36 as a catch-all without facts showing juridical antecedence and gravity
Inconsistent or missing civil registry documents
Weak witness selection (no personal knowledge; hearsay-heavy testimony)
Treating the case as “uncontested therefore automatic” (it is never automatic)
Ignoring property/children issues until late in the case
Poorly documented residency/venue facts leading to procedural issues

13) Summary: what to prepare

Requirements checklist (practical)

Correct legal ground for void marriage
PSA certificates: marriage, births, children
LCR certifications (especially if license/records are in issue)
Residency proof for venue
Witnesses with personal knowledge
Evidence packet supporting the narrative
If Article 36: structured narrative + corroboration + (often) expert support

Cost checklist (practical)

Lawyer’s fees (retainer/package + per-hearing/incidentals)
Court filing/docket fees and sheriff’s fees
PSA/LCR document fees and notarization
Expert fees (if applicable)
Transcripts, certifications, photocopies, service-related expenses

14) A brief distinction table (to avoid wrong filing)

Declaration of Nullity: marriage void from the start (void marriages)
Annulment: marriage valid until annulled (voidable marriages)
Legal Separation: marriage remains valid; separation from bed and board; no right to remarry

This classification determines requirements, proof, and costs—so identifying the correct ground at the outset is the single most important “requirement” before filing.