The Philippines remains one of the few jurisdictions in the world without a general divorce law. As a result, the legal dissolution of a marriage is governed exclusively by the Family Code of the Philippines (Executive Order No. 209, as amended). The two primary remedies are declaration of nullity of marriage (for marriages that are void from the beginning) and annulment of marriage (for marriages that are voidable). In everyday usage, Filipinos often refer to both processes simply as “annulment.”

This article provides a comprehensive overview of the legal framework, grounds, procedural requirements, evidence, effects, and related matters under current Philippine law.

I. Legal Framework

The Family Code, which took effect on 3 August 1988, repealed most provisions of the Civil Code on marriage. Key provisions are found in Articles 35 to 54. Jurisdiction over annulment and nullity cases lies with the Regional Trial Courts (RTC) designated as Family Courts. The action is classified as a special proceeding, not an ordinary civil action.

The State, through the Office of the Solicitor General (OSG) and the public prosecutor, actively participates to prevent collusion and ensure that the evidence satisfies the “clear and convincing” standard required in these cases.

II. Distinction Between Declaration of Nullity and Annulment

Declaration of Nullity (Void Marriages) – The marriage is considered never to have existed legally (void ab initio). No judicial decree is theoretically needed to establish its invalidity, but a judicial declaration is required before a party can remarry (Article 40).
Annulment (Voidable Marriages) – The marriage is valid and produces legal effects until a court decree annuls it. The decree operates prospectively.

III. Grounds for Declaration of Nullity of Marriage (Void Marriages)

A. Article 35 – Absence of Essential or Formal Requisites

Parties below 18 years of age at the time of marriage.
Lack of a valid marriage license (subject to exceptions in Articles 27–34, such as marriages in articulo mortis or among Muslims under Presidential Decree No. 1083).
Solemnized by a person not authorized to perform marriage (with exceptions for good faith).
Bigamous or polygamous marriages (Article 41), except when the prior spouse has been judicially declared presumptively dead.
Marriages contracted without the required judicial declaration of nullity of a previous marriage (Article 40).

B. Article 36 – Psychological Incapacity

This is the most commonly invoked ground. A marriage is void if, at the time of its celebration, one or both parties were psychologically incapacitated to comply with the essential marital obligations of marriage. The incapacity must:

Be grave (serious and deeply rooted).
Have juridical antecedence (existed at the time of the celebration of marriage).
Be incurable or, under current jurisprudence, render the party incapable of fulfilling marital obligations.

Evolution of Jurisprudence:

Republic v. Molina (G.R. No. 108763, 13 February 1997) established the strict guidelines, including the need for expert testimony and proof of incurability.
Subsequent cases refined the doctrine.
In Tan-Andal v. Andal (G.R. No. 196359, 11 May 2021, resolution on motion for reconsideration 2022), the Supreme Court relaxed the Molina guidelines. It clarified that psychological incapacity does not require proof of a medically incurable mental illness. What matters is clear and convincing evidence that a party is incapable of fulfilling the essential obligations of marriage due to a psychological condition that existed at the time of the wedding. Expert testimony remains helpful but is no longer indispensable in all cases.

Common psychological conditions alleged include narcissistic personality disorder, antisocial personality disorder, schizophrenia, sexual infidelity when rooted in a personality disorder, and other conditions that prevent mutual love, respect, and support.

C. Article 37 – Incestuous Marriages

Marriages between:

Ascendants and descendants of any degree.
Brothers and sisters, whether full or half-blood.

D. Article 38 – Marriages Against Public Policy

Examples include marriages between:

Adopted child and adopter.
Stepparent and stepchild.
Parents-in-law and children-in-law (affinity in the direct line).
Certain collateral blood relatives.

IV. Grounds for Annulment of Marriage (Voidable Marriages) – Article 45

A marriage may be annulled on any of the following grounds existing at the time of the marriage:

Lack of parental consent – One party was 18 but below 21 years of age and the marriage was solemnized without the consent of parents, guardian, or person exercising substitute parental authority. The action must be filed within five years after attaining 21, unless the party freely cohabited after reaching majority.
Unsound mind – Either party was of unsound mind. The action must be filed within five years after the marriage, unless the party freely cohabited after regaining sanity.
Consent obtained by fraud – Fraud is strictly defined under Article 46:
- Non-disclosure of a previous marriage (even if later declared void).
- Concealment of pregnancy by another man at the time of marriage.
- Concealment of a sexually transmissible disease that is serious and incurable.
- Concealment of drug addiction.
- Concealment of homosexuality or lesbianism (jurisprudence has interpreted this narrowly; mere homosexuality is not automatically fraud unless concealed and it prevents sexual relations or procreation).
The action must be filed within five years after discovery of the fraud, unless the party freely cohabited after gaining full knowledge.
Consent obtained by force, intimidation, or undue influence – The action must be filed within five years from the time the force or intimidation ceased.
Physical incapacity to consummate the marriage (impotence) – The incapacity must be permanent and incurable. The action must be filed within five years after the marriage.
Affliction with a serious and incurable sexually transmissible disease – The action must be filed within five years after the marriage.

Important: All Article 45 grounds are subject to ratification by continued cohabitation after the defect has disappeared or been discovered.

V. Procedure for Annulment or Declaration of Nullity

Pre-Filing Preparation
- Consultation with a lawyer specializing in family law.
- Gathering of documents: marriage certificate, birth certificates of children, psychological evaluation report (for Article 36 cases), medical records, witness affidavits.
- Psychological evaluation by a licensed psychologist or psychiatrist is almost always required in psychological incapacity cases.
Filing the Petition
- Filed with the Family Court of the place where the petitioner or respondent resides.
- The petition must be verified and allege the facts constituting the ground(s).
- Payment of docket and other legal fees (often ranging from ₱20,000 to over ₱100,000 depending on the court and complexity).
Service of Summons and Notice
- Personal service on the respondent.
- If the respondent cannot be located, service by publication may be allowed.
- The court furnishes copies to the OSG and the public prosecutor.
Prosecutor’s Investigation
- The public prosecutor investigates whether there is collusion between the parties.
Answer and Pre-Trial
- Respondent files an answer within 15 days (extendible).
- Pre-trial conference is mandatory. Issues are defined, stipulations are made, and trial dates are set.
Trial Proper
- Presentation of testimonial and documentary evidence.
- In psychological incapacity cases, the psychologist/psychiatrist usually testifies and is cross-examined.
- The public prosecutor participates to ensure the evidence is sufficient.
Decision
- The court renders a decision granting or denying the petition.
Appeal and Finality
- Either party or the OSG may appeal to the Court of Appeals, and ultimately to the Supreme Court.
- Once the decision becomes final and executory, the court issues an entry of judgment.
Registration
- The final decree must be registered with the Local Civil Registrar where the marriage was solemnized and with the Philippine Statistics Authority (PSA).
- The marriage certificate is annotated to reflect the annulment or nullity.

The entire process typically takes from 18 months to several years, depending on the complexity, the court’s caseload, and whether the case is contested.

VI. Evidence Requirements

For psychological incapacity: Clear and convincing evidence, often including expert testimony, root-cause analysis, and behavioral history.
For other grounds: Documentary evidence (medical records, birth certificates) and credible witnesses.
The court will not grant the petition based on mere agreement of the parties.

VII. Effects of the Decree (Articles 50–54)

The marriage is dissolved or declared never to have existed.
Children conceived or born before the decree becomes final are considered legitimate.
The conjugal partnership or absolute community of property is liquidated and divided according to law or agreement.
Custody and support of minor children are determined based on the best interest of the child.
The parties regain the capacity to remarry after the decree attains finality and is registered.
Use of surnames: The wife may revert to her maiden name.

VIII. Related Remedies

Legal Separation (Articles 55–67) – Does not dissolve the marriage but allows separation of bed and board on grounds such as repeated physical violence, moral pressure, sexual infidelity, abandonment, etc. The bond remains; remarriage is not allowed.
Muslim Personal Law – Under Presidential Decree No. 1083 (Code of Muslim Personal Laws), divorce (talaq, faskh, etc.) is recognized for Muslims.
Foreign Divorces – A divorce validly obtained abroad by a foreigner or by a Filipino married to a foreigner may be recognized in the Philippines under the second paragraph of Article 26 of the Family Code (as interpreted in Republic v. Orbecido and Manalo v. Republic).

IX. Practical Considerations

Annulment and nullity cases are among the most expensive and time-consuming family law proceedings in the Philippines. Costs can range from several hundred thousand pesos to over a million, covering legal fees, psychological evaluations, filing fees, and publication costs. Success is never guaranteed and depends heavily on the quality of evidence.

Parties must also consider the emotional, social, and financial impact on children and the family. Courts prioritize the welfare of minor children in decisions involving custody and support.

This summary reflects the state of Philippine family law as embodied in the Family Code and prevailing jurisprudence. Laws and judicial interpretations may evolve, and specific cases require individualized legal advice from a licensed Philippine attorney.