Introduction

In the Philippines, marriage is considered a sacred and inviolable social institution under the 1987 Constitution and the Family Code of the Philippines (Executive Order No. 209, as amended). Unlike many countries that recognize divorce as a means to dissolve a valid marriage, the Philippines does not generally allow divorce for Filipino citizens, except in cases involving Muslim Filipinos under the Code of Muslim Personal Laws or when one spouse is a foreigner under certain conditions. Instead, the primary legal remedies for terminating a marriage are through annulment or declaration of nullity of marriage. These processes are governed by Articles 35 to 54 of the Family Code, as well as relevant jurisprudence from the Supreme Court and procedural rules under the Rules of Court.

Annulment refers to the judicial declaration that a marriage, though validly celebrated, is voidable and can be annulled due to defects existing at the time of the marriage. In contrast, a declaration of nullity pertains to marriages that are void from the beginning (void ab initio) and thus never existed in the eyes of the law. However, in common parlance, both are often referred to as "annulment." This article provides a comprehensive overview of the grounds, procedures, requirements, effects, and related considerations for filing such cases in the Philippine context, based on statutory provisions, case law, and established legal practices.

Distinction Between Annulment and Declaration of Nullity

Before delving into the specifics, it is crucial to distinguish between the two:

Declaration of Nullity (Void Marriages): These marriages are invalid from the outset and do not require annulment to be considered non-existent. They include bigamous marriages, incestuous unions, or those lacking essential requisites like consent or legal capacity.
Annulment (Voidable Marriages): These are valid until annulled by a court. The defects are not fatal from the beginning but render the marriage annullable upon petition.

Both processes are filed as civil actions in court and result in the termination of marital ties, but they differ in grounds, prescriptive periods, and effects on legitimacy of children and property relations.

Grounds for Declaration of Nullity of Marriage (Void Marriages)

Under Article 35 of the Family Code, the following are grounds for declaring a marriage void ab initio:

Contracted by Parties Below 18 Years Old: Even with parental consent, marriages involving minors under 18 are void.
Lack of Authority of the Solemnizing Officer: Unless the marriage was performed in articulo mortis (at the point of death) or in a remote place, and the parties believed in good faith that the officer had authority.
Absence of a Valid Marriage License: Except for marriages exempt under the Family Code, such as those in articulo mortis, cohabitation for at least five years without legal impediment, or Muslim marriages.
Bigamous or Polygamous Marriages: Subsequent marriages while a prior marriage subsists, unless the prior spouse has been absent for four years (or two years under extraordinary circumstances) and declared presumptively dead.
Mistake in Identity: Marrying someone believing they are another person.
Subsequent Marriages Void Under Article 53: Where parties remarry without complying with requirements like recording the judgment of annulment or nullity and partitioning property.

Additionally, under Articles 36 to 38:

Psychological Incapacity (Article 36): A ground unique to Philippine law, interpreted by the Supreme Court in cases like Republic v. Molina (1997) and Tan-Andal v. Tan (2021). It refers to a serious psychological disorder existing at the time of marriage that renders a party incapable of fulfilling essential marital obligations. This is not mere incompatibility but must be grave, juridically antecedent, and incurable. Examples include personality disorders like narcissism or anti-social behavior, proven through psychiatric evaluation.
Incestuous Marriages (Article 37): Between ascendants and descendants, siblings (full or half-blood), or relatives up to the fourth civil degree (e.g., first cousins).
Marriages Against Public Policy (Article 38): Such as between step-parents and step-children, or between adopting parent and adopted child, unless the adoption is terminated.

Void marriages can be impugned at any time, even after the death of the parties, and may be collaterally attacked in other proceedings.

Grounds for Annulment of Marriage (Voidable Marriages)

Article 45 of the Family Code enumerates the grounds for annulment:

Lack of Parental Consent: If one or both parties were aged 18 to 21 at the time of marriage without parental or guardian consent. This must be ratified by the party upon reaching 21, or it becomes voidable.
Insanity: One party was of unsound mind at the time of marriage, unless they freely cohabited after regaining sanity.
Fraud: In obtaining consent, such as concealment of:
- Previous conviction for a crime involving moral turpitude.
- Pregnancy by another man.
- Sexually transmissible disease (STD) that is serious and incurable.
- Drug addiction, habitual alcoholism, or homosexuality (if concealed).
Force, Intimidation, or Undue Influence: Consent was obtained through coercion, unless the party freely cohabited after the force ceased.
Physical Incapacity (Impotence): One party is physically incapable of consummating the marriage, and it appears incurable.
Serious and Incurable STD: Existing at the time of marriage.

Annulment actions prescribe (have time limits): for lack of consent, within five years after turning 21; for insanity, fraud, force, or impotence/STD, within five years from discovery or cessation.

Procedure for Filing Annulment or Nullity

The process is governed by A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, effective March 15, 2003), and the Rules of Court. It is a contentious proceeding requiring court intervention.

1. Jurisdiction and Venue

Filed with the Regional Trial Court (RTC) designated as a Family Court in the place where the petitioner or respondent resides, or where the marriage was celebrated.
If both parties are abroad, it may be filed in the RTC of the petitioner's residence upon return or through a duly authorized attorney.

2. Who May File

For nullity: Any interested party, including the spouses, their heirs, or the State (through the Solicitor General).
For annulment: Generally, the injured party (e.g., the sane spouse in insanity cases). The insane spouse's guardian may file during lucid intervals.

3. Pre-Filing Requirements

Psychological Evaluation: Often required, especially for psychological incapacity, involving a clinical psychologist or psychiatrist to assess incapacity.
Certificate of No Marriage (CENOMAR): From the Philippine Statistics Authority (PSA) to prove no prior marriages.
Marriage Certificate: PSA-authenticated copy.
Birth Certificates of Children: If applicable.
Barangay Certificate: Proving residence.
Consultation with the Office of the Solicitor General (OSG) or Public Attorney's Office (PAO) for indigent petitioners.

4. Filing the Petition

Prepare a verified petition detailing the facts, grounds, and relief sought (e.g., nullity/annulment, child custody, support, property division).
Pay filing fees (around PHP 10,000–20,000, plus sheriff's fees; waivable for indigents).
Attach supporting documents and affidavits.

5. Service of Summons

The court issues summons to the respondent, who has 15 days (or 30 if abroad) to file an answer.
If the respondent fails to answer, they may be declared in default, but the court still requires proof from the petitioner.

6. Collusion Investigation

The prosecutor or OSG investigates for collusion (agreement to fabricate grounds). If found, the case is dismissed.

7. Pre-Trial and Trial

Pre-Trial: Parties stipulate facts, identify issues, and present witnesses (e.g., psychologist, witnesses to the marriage).
Trial: Presentation of evidence, including testimonies, medical reports, and documents. Cross-examination occurs.
The State, represented by the OSG, participates to defend the marriage.

8. Decision and Appeal

The court renders a decision. If granted, it declares the marriage null/voidable.
Appealable to the Court of Appeals, then Supreme Court.
The decision becomes final after entry of judgment.

9. Post-Judgment Requirements

Liquidation of Property: Under Article 50, community property is partitioned; if no prenup, absolute community or conjugal partnership applies.
Child Custody and Support: Decided based on the child's best interest (Tender Years Doctrine for children under 7).
Registration: The judgment is recorded with the Civil Registrar and PSA for annotation on marriage certificate.
Parties cannot remarry until compliance with Article 52 (affidavit of property partition and child custody delivery).

Timeline and Costs

The process typically takes 1–3 years, depending on court backlog and complexity.
Costs: Legal fees (PHP 150,000–500,000), psychological exams (PHP 20,000–50,000), and court fees. Free legal aid via PAO for qualified indigents.

Effects of Annulment or Nullity

Marital Status: Parties revert to single status and may remarry (after compliance).
Children: Legitimate if conceived before the judgment (for voidable marriages) or if in good faith (for void marriages under Article 54). Illegitimate otherwise, but with rights to support and inheritance.
Property: Liquidated as if the marriage was dissolved by death; donations propter nuptias may be revoked.
Name: The wife may revert to her maiden name.
Criminal Liability: Bigamy charges may arise if remarriage occurs without proper nullity.

Special Considerations

Foreign Elements: If one spouse is foreign, foreign divorce may be recognized under Article 26 if valid abroad and initiated by the foreigner.
Muslim Marriages: Governed by PD 1083; divorce allowed under specific grounds like cruelty or abandonment.
Same-Sex Marriages: Not recognized; any such union abroad is void.
Common Challenges: High burden of proof, especially for psychological incapacity post-Tan-Andal (requiring clear and convincing evidence, not expert opinion alone).
Alternatives: Legal separation (Article 55) allows bed-and-board separation without dissolving the marriage, on grounds like abuse or adultery.
Jurisprudence Evolution: Cases like Chi Ming Tsoi v. CA (1997) on impotence and Kalaw v. Fernandez (2015) refining psychological incapacity.

Conclusion

Seeking annulment or nullity in the Philippines is a rigorous, evidence-based process designed to uphold the sanctity of marriage while providing relief in defective unions. Prospective petitioners should consult a family law attorney to assess viability, gather evidence, and navigate the courts. Legislative efforts to introduce divorce bills continue, but until enacted, annulment remains the primary recourse. This framework ensures protection for families while addressing genuine marital breakdowns.