I. Introduction

The Family Code of the Philippines (Executive Order No. 209, as amended by Executive Order No. 227) governs domestic relations, including marriage, its dissolution, and the consequential rights and obligations of spouses and children. Unlike many jurisdictions that recognize absolute divorce, the Philippines adheres to the canon law-influenced policy of preserving the indissolubility of marriage. The available remedies for irreparably broken marriages are declaration of nullity of marriage (absolute nullity or annulment of voidable marriage), annulment (in the narrow sense of voidable marriages), and legal separation. These proceedings are personal actions cognizable by the Regional Trial Court designated as Family Court under Republic Act No. 8369 (Family Courts Act of 1997).

Parallel to dissolution are issues of child custody and support, which persist regardless of marital status. The paramount consideration is always the best interest of the child (Article 213, Family Code; Section 14, A.M. No. 03-04-04-SC, Rule on Custody of Minors).

II. Declaration of Nullity of Marriage (Absolute Nullity)

A. Grounds (Article 35, Family Code)

A marriage is void ab initio and may be collaterally attacked even after the death of a party:

Contracted by any party below 18 years (even with parental consent).
Solemnized without a valid marriage license (except in marriages of exceptional character under Articles 27–34).
Solemnized by a person not legally authorized to perform marriages (unless at least one party believed in good faith that the solemnizing officer had authority).
Bigamous or polygamous (except Article 41 cases where the absent spouse is presumed dead).
**Between parties where one, with final judgment, is declared void due to psychological incapacity (Article 36) – see Section II.C infra.
Incestuous marriages (Article 37): ascendants-descendants, brothers-sisters (full or half-blood).
Void by reason of public policy (Article 38): collateral blood relatives up to the fourth civil degree; step-parents and step-children; parents-in-law and children-in-law; adopting parent and adopted child; surviving spouse of adopting parent and adopted; surviving spouse of adopted and adopter; adopted and legitimate child of adopter; adopted children of the same adopter; parties where one killed the spouse of the other to marry.

B. Prescriptive Period

None. The marriage may be impugned anytime, even after death (collateral attack allowed in probate, insurance, or succession proceedings).

C. Psychological Incapacity (Article 36)

Jurisprudential evolution:
- Santos v. CA (1995): incapacity must be grave, antecedent, and incurable.
- Republic v. Molina (1997): established the tripartite essentialia: gravity, juridical antecedence, incurability.
- Ngo Te v. Yu-Te (2009): totality of evidence; expert testimony not indispensable.
- Kalaw v. Fernandez (2015): clarified that mere difficulty, refusal, or neglect is insufficient.
- Republic v. Manalo (2018): psychological incapacity need not be a mental illness; may be proven by clear and convincing evidence.
- Tan-Andal v. Andal (2023): reaffirmed Molina but clarified that the incapacity must render the party “incapable of fulfilling the essential marital obligations” and not merely unwilling.
Procedural requirement: petition must allege root cause, supported by psychiatric/psychological evaluation (though not mandatory per Marable v. Marable, 2015).

D. Effects (Article 50 in relation to Articles 43–44)

Children: legitimate if conceived before finality of decree (except Articles 36 and 53).
Property: complete separation; donations propter nuptias revoked; presumptive legitimes protected.
No remarriage unless ground is Article 36 or death of spouse in Article 41.

III. Annulment of Voidable Marriages

A. Grounds (Articles 45–47)

Under 18 at time of marriage (consent of parents lacking).
Insanity of one party.
Fraud: consent obtained by (a) non-disclosure of prior conviction by final judgment of crime involving moral turpitude; (b) concealment of pregnancy by another man; (c) concealment of STD existing at marriage; (d) concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at marriage.
Force, intimidation, or undue influence.
Physical incapacity to consummate (impotence) – must be permanent and incurable.
Serious and incurable STD existing at marriage.

B. Ratification and Prescription (Article 47)

Ground	Who May File	Prescriptive Period	Ratification
Age (<18) data-preserve-html-node="true"	Underage party	Within 5 years after attaining 21	Free cohabitation after 21
Insanity	Sane spouse / insane (guardian)	Anytime before death of either	Lucid cohabitation
Fraud	Injured party	Within 5 years after discovery	Free cohabitation after knowledge
Force	Injured party	Within 5 years after cessation	Free cohabitation after cessation
Impotence	Potent spouse	Within 5 years after marriage	N/A
STD	Healthy spouse	Within 5 years after marriage	N/A

C. Effects (Article 50)

Children: legitimate.
Property: governed by liquidation rules; good-faith party entitled to half of net profits.
Remarriage allowed after finality.

IV. Legal Separation (Bed and Board)

A. Grounds (Article 55)

Repeated physical violence or grossly abusive conduct.
Physical violence or moral pressure to change religious/political affiliation.
Attempt on life of petitioner.
Final judgment imposing >6 years imprisonment (even if pardoned).
Drug addiction, habitual alcoholism, lesbianism, or homosexuality.
Contracting subsequent bigamous marriage.
Sexual infidelity or perversion (including same-sex acts per Sablan-Jenkins v. Jenkins, 2020).
Attempt by respondent to corrupt or induce petitioner/child to prostitution or connivance therein.
Final judgment of respondent for concubinage/adultery (evidence used in criminal case admissible).
Abandonment without justifiable cause for >1 year.

B. Defenses (Article 56)

Condonation
Consent
Connivance
Mutual guilt
Collusion (dismissal mandatory)
Prescription (5 years from occurrence)

C. Effects (Articles 63–64)

Spouses entitled to live separately; marriage bond remains.
ACP/CPG dissolved and liquidated; guilty spouse forfeits share to innocent spouse/children.
Custody of minors to innocent spouse (subject to Article 213).
Guilty spouse disqualified from intestate succession; donations/provisions in will revoked.
No remarriage.

D. Reconciliation (Article 66)

Extinguishes action or subsequent actions; revives prior property regime.

V. Child Custody

A. Governing Principle

Article 213, Family Code:

No child under 7 years shall be separated from the mother unless the court finds compelling reasons (abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment, insanity, communicable disease, compelling financial reasons, etc.).
Over 7 years: child’s choice considered, but best interest prevails.

B. Jurisprudence

Gualberto v. Gualberto (2014): tender-age presumption is not absolute; father may be awarded custody if mother is unfit.
Pablo-Gualberto v. Gualberto (2018): mother’s employment abroad not per se abandonment.
Dizon v. Roque (2021): sexual orientation of parent not disqualifying absent proof of harm to child.
Habeas corpus lies for unlawful deprivation (Section 20, A.M. No. 03-04-04-SC).

C. Custody in Nullity/Annulment/Legal Separation

Article 49: during pendency, court shall provide for support and custody.
Article 50: final decree shall designate custodial parent.

D. Visitation Rights

Liberal visitation to non-custodial parent unless contrary to child’s welfare (Silva-Neto v. CA, 2019).

VI. Support (Pendente Lite and Post-Decree)

A. Persons Obliged (Articles 194–196)

Spouses
Legitimate/illegitimate ascendants-descendants
Brothers and sisters

B. Amount

Determined by needs of recipient and means of giver (Article 201).
Provisional support fixed by motion; hearing within 15 days (Section 6, Rule on Provisional Orders).

C. Sources

ACP/CGP (spouses)
Conjugal/absolute community property
Separate property

D. Enforcement

Accrual: no retroactivity except from filing if delay due to payor.
Modes: withholding of salaries, bonds, motion for execution, contempt.

E. Termination/Modification

Death, remarriage, judicial declaration of support in arrears (Article 207).
Change in circumstances (Article 202).

VII. Procedural Framework

A. Venue and Jurisdiction

Family Court of province/city where petitioner or respondent resided for last 6 months (Section 4, Rule on Declaration of Absolute Nullity; Section 2, Rule on Legal Separation).
Summons by publication if respondent’s whereabouts unknown (Article 51).

B. Trial and Evidence

Offer of compromise prohibited except custody/support (Article 2035, Civil Code; Section 2, Rule on Legal Separation).
Liquidation mandatory in nullity/annulment (Article 50(3)).

C. Appeals

Record on appeal required; 48-hour notice of final order.

VIII. Special Topics

A. Recognition of Foreign Divorce (Article 26, ¶2)

Divorce validly obtained abroad by foreigner spouse capacitates Filipino spouse to remarry (Republic v. Manalo, 2018).
Requisites: (1) foreign law allows divorce; (2) foreign spouse obtains it; (3) Filipino spouse seeks recognition via Rule 108 or Article 26 petition.

B. Presumption of Death (Article 41)

Absent spouse presumed dead after 4 years (2 years in extraordinary cases).
Termination of subsequent marriage: good-faith spouse retains property rights; bad-faith liable for bigamy.

C. Support for Illegitimate Children

½ of legitimate child’s support (Article 176 as amended by R.A. 9255).

D. VAWC (R.A. 9262)

Protection orders include support and custody provisions enforceable in Family Courts.

IX. Conclusion

The Philippine family law regime prioritizes preservation of marriage while providing equitable remedies for irreparable unions. Nullity and annulment dissolve the bond; legal separation maintains it while allowing separation of bed, board, and property. Custody and support are anchored on the child’s best interest and the mutual duty of spouses. Practitioners must navigate evolving Supreme Court pronouncements, particularly on psychological incapacity and the tender-age presumption, to secure just outcomes within the constitutional policy of strengthening the family (Article XV, 1987 Constitution).