1) The short legal reality

In the Philippines, a marriage is not “automatically” annulled (or declared void) for either spouse just because one spouse filed a petition. A marriage is changed in status only by a final court judgment that:

declares the marriage void (void ab initio), or
annuls the marriage (voidable), or
declares a spouse psychologically incapacitated (a ground that results in a declaration of nullity under Article 36), or
recognizes a foreign divorce (in applicable cases), or
grants other relief recognized by law.

A petition is only the start of a case. Until the case ends in a final and executory decision (and the decision is properly recorded in civil registries), the marriage remains subsisting in the eyes of Philippine law.

2) Terminology matters: “annulment” is not the umbrella term

Many people use “annulment” to refer to any court process that ends a marriage. Legally, Philippine family law treats these as distinct:

A) Declaration of Nullity (Void marriages)

A void marriage is treated as having been invalid from the beginning. Common legal bases include:

marriages void for lack of essential or formal requisites,
bigamous marriages,
marriages void for being against public policy, etc.

If the court issues a final judgment of declaration of nullity, the marriage is considered void ab initio—but only after the court’s final ruling and proper recording.

B) Annulment (Voidable marriages)

A voidable marriage is valid until annulled by final judgment. Grounds are limited and include certain defects existing at the time of marriage (e.g., lack of parental consent in specific age ranges under older rules, fraud, force/intimidation, impotence, serious sexually transmissible disease, etc., depending on the exact statutory ground and requisites).

If the court grants annulment and the decision becomes final, the marriage is treated as having been valid up to the time it was annulled.

C) Article 36 (Psychological Incapacity)

This is handled as a declaration of nullity (not “annulment” in the technical sense), though the public often labels it “annulment.” It still requires proof, trial, and judgment.

Key point: Regardless of label, nothing happens automatically upon filing.

3) If only one spouse files, does the outcome “apply to both” once granted?

A) Status of the marriage is one status, shared by both spouses

A marriage is a single legal status. If a court finally declares it void or annulled, that status affects both parties because the court has ruled on the existence/validity of the marital bond itself.

So while filing doesn’t “automatically” annul it, a final judgment changing the marriage’s status necessarily impacts both spouses (and often their children and property relations) because the judgment is about the marriage, not merely about the petitioner’s personal preference.

B) But relief is not identical for both parties

Even if the marriage’s status changes for both, other consequences may differ between spouses, depending on:

good faith or bad faith (e.g., in void marriages),
who is at fault (for certain voidable grounds),
property regime issues,
child custody and support orders,
damages, attorney’s fees, and costs,
validity of donations by reason of marriage,
inheritance and succession effects in particular contexts.

In other words: the bond’s status is shared; the consequences can be asymmetric.

4) What the non-filing spouse should understand procedurally

A) The respondent is not a bystander

If your spouse files a petition, you become the respondent (unless you later join as a co-petitioner in a manner allowed by procedure, or your stance effectively aligns, depending on the case posture and court approach).

You will be:

served summons and petition,
required (or strongly advised) to file an Answer,
able to raise defenses and evidence,
involved in pre-trial and trial, including testimony and documentary submissions.

B) “Non-opposition” is not the same as “automatic grant”

Philippine rules and policy treat marriage as imbued with public interest. Courts do not grant nullity/annulment simply because:

the respondent does not contest,
both spouses agree,
both want to end the marriage.

Even in uncontested cases, the State has a built-in role through:

the Office of the Solicitor General (OSG) or its deputized representatives in certain contexts, and/or
the public prosecutor (depending on the type of family case and current procedural framework).

The court still requires evidence and must be satisfied that:

there is no collusion between spouses,
the legal ground is proven by the required standard,
the decision is consistent with law and public policy.

C) If the respondent ignores the case

If you do not respond:

you may be declared in default (subject to family case rules and safeguards),
the case may proceed ex parte,
but the petitioner still must prove the case with competent evidence.

Ignoring it can be risky because you lose opportunities to:

challenge the ground,
contest property claims,
influence custody arrangements,
negotiate support and visitation,
protect your rights as a spouse in good faith (especially important in void marriage scenarios affecting property).

5) “Annulled for both parties” vs. “one spouse can still be ‘married’”

People sometimes ask: “If she files, am I automatically free too?” The practical answer depends on what stage you’re talking about.

A) Before final judgment: both remain married

Until a final judgment and proper registration:

both remain legally married,
neither may legally remarry,
property relations remain governed by the applicable property regime (subject to court orders),
spousal duties and rights remain legally recognizable (subject to specific circumstances).

B) After final judgment becomes final and executory (and recorded): the marriage status changes for both

Once the court’s decision is final and properly recorded in the civil registry:

the marriage is legally considered void or annulled (depending on the ruling),
both parties are affected by that status determination.

But whether either can remarry immediately can involve additional requirements in some situations (see Section 8).

6) Effects differ depending on whether the marriage is void or voidable

A) Void marriage: consequences often turn on good faith

In void marriages, the law may treat one or both spouses as having been in good faith or bad faith at the time of marriage. This can affect:

property relations (including rules on co-ownership),
entitlement to share in certain property,
forfeitures,
damages.

Even though the marriage is declared void for both, the allocation of property rights can differ sharply based on good/bad faith findings.

B) Voidable marriage: “valid until annulled” + fault-related effects

In voidable marriages, the marriage produces civil effects until annulled. Depending on the ground and factual findings:

the spouse who caused the defect may face consequences (e.g., in fraud or coercion scenarios),
there may be effects on donations by reason of marriage,
damages may be awarded in appropriate cases.

Again, status is shared; repercussions may not be.

7) Children are not “automatically illegitimate” because a case is filed (or even granted)

A common fear is that a petition “ruins the children’s status.” Filing does not change anything. Even after judgment:

In many situations, children remain legitimate or protected by legal presumptions and specific rules.
The law contains doctrines and provisions meant to protect children’s status and best interests.
Custody, support, and visitation are determined primarily by the child’s welfare, not by punishing a parent for filing.

Child support obligations do not disappear because a case is filed; they remain enforceable and can be addressed by court orders.

8) “Can I remarry once my spouse files?” No. “Once it’s granted?” Not always immediately.

A) Before finality and registration: remarriage is not allowed

Remarrying while the marriage is still legally subsisting exposes a person to serious legal consequences (including potential criminal exposure if the first marriage is still valid and existing).

B) After finality: check for additional legal steps

Depending on the type of case and facts:

There may be requirements related to the registration of the decree with the Local Civil Registrar and the Philippine Statistics Authority system.
There may be requirements related to partition and distribution of property or delivery of presumptive legitimes in some contexts (often discussed in connection with the timing/ability to remarry in certain nullity/annulment scenarios).

The safest legal posture is: no remarriage unless and until there is a final, executory, and properly recorded court decree, and any legally required steps connected to remarriage capacity have been satisfied.

9) Does the filing spouse need the other spouse’s consent?

No. A spouse may file a petition without the other spouse’s consent. However:

the petitioner must allege and prove a valid legal ground,
the case is adversarial in form (even if ultimately uncontested),
the State’s interest means that mutual consent alone is not enough.

10) Can the respondent “join” the petition or agree to it?

In practice, a respondent may:

file an Answer that effectively does not oppose,
admit certain facts while disputing legal conclusions,
participate in settlement on property/custody/support issues where compromise is legally allowed.

But spouses cannot simply convert the case into a private mutual breakup. The court still evaluates:

collusion,
sufficiency of evidence,
compliance with procedural safeguards.

11) Why courts do not treat a spouse’s filing as automatically freeing the other spouse

Three core principles explain this:

Marriage is a status with public interest. The State regulates the creation and dissolution of marital status; private agreement is not enough.
Judicial declaration is required. Philippine law generally requires a court declaration before parties can act on the premise that a marriage is void/annulled, particularly for remarriage and civil registry purposes.
Due process protects both spouses. The respondent must have notice and opportunity to be heard; the court must be satisfied of the legal ground and absence of collusion.

12) Practical scenarios people confuse with “automatic annulment”

Scenario A: “My spouse filed and the court granted it; does that mean it’s over for me too?”

If the final judgment declares the marriage void/annulled, the status determination is about the marriage itself. It affects both. But you should confirm:

whether the decision is final and executory,
whether it is registered with the appropriate civil registry authorities,
what the decision says about custody/support/property.

Scenario B: “My spouse filed; can I now represent myself as single?”

No. Until final judgment and proper recording, you remain married in law.

Scenario C: “If I don’t participate, does that mean I’m automatically released?”

No. Non-participation does not “release” you; it only risks losing your chance to contest issues and protect your interests. The petitioner still must prove the case, but you may lose leverage or rights you could have asserted.

Scenario D: “If the marriage is void, isn’t it automatically void without court?”

A void marriage is void in concept, but for many real-world legal purposes—especially remarriage, civil registry correction, and enforceability against third parties—a judicial declaration is required to safely and effectively establish that status.

13) Property, support, and custody are not “automatic” consequences of filing

Filing does not automatically:

divide property,
transfer titles,
terminate support duties,
grant custody,
invalidate transactions,
change surnames in official records.

These require:

court orders,
approved agreements where legally permitted,
and post-judgment implementation (partition, liquidation, registry annotations, etc.).

14) Key takeaways

No automatic annulment occurs upon filing by one spouse.
The marriage remains legally effective until a final and executory court judgment changes its status and proper civil registry steps are taken.
A final judgment about the status of the marriage necessarily affects both spouses, but the legal consequences (property, damages, good faith/bad faith findings, custody/support arrangements) may differ.
Agreement or non-opposition does not remove the court’s duty to require evidence and screen for collusion.