1) Core Concepts and Legal Framework

A. What a “declaration of nullity” is

A declaration of absolute nullity of marriage is a court judgment stating that a marriage is void from the beginning (void ab initio)—as if it never legally existed—because it lacked essential requirements or falls under marriages prohibited by law.

Philippine law treats marriage as a social institution protected by the State. Because of this:

A marriage is presumed valid, and
Even if a marriage is void, a court declaration is generally required to conclusively establish its nullity, especially for purposes of remarriage and civil registry records.

B. Distinguish: Nullity vs Annulment vs Legal Separation

Declaration of nullity (void marriage): the marriage was never valid.
Annulment (voidable marriage): the marriage is valid until annulled (e.g., lack of parental consent for ages 18–21, fraud, force, impotence).
Legal separation: the marriage remains valid; spouses are permitted to live apart, but cannot remarry.

This article focuses on void marriages and the procedure for obtaining a declaration of nullity.

C. Where the rules come from

Key sources include:

The Family Code of the Philippines (Executive Order No. 209, as amended)
Rules of Court / Supreme Court rules on petitions for declaration of absolute nullity and annulment (notably A.M. No. 02-11-10-SC and related issuances)
Jurisprudence interpreting the Family Code (especially for psychological incapacity under Article 36)
Family Courts Act (R.A. No. 8369) on jurisdiction

2) “Void” Marriages: The Grounds for Declaration of Nullity

A. The building blocks: essential and formal requisites

Under the Family Code:

Essential requisites (must exist):

Legal capacity of the parties (a man and a woman at least 18, not disqualified)
Consent freely given in the presence of the solemnizing officer

Formal requisites (must be complied with):

Authority of the solemnizing officer
Valid marriage license, except in specific statutory exceptions
Marriage ceremony (personal appearance, exchange of consent, presence of at least two witnesses)

General rule: absence of an essential or formal requisite renders the marriage void, subject to specific legal exceptions.

3) Specific Grounds for Absolute Nullity

Ground 1: One or both parties below 18 years old (minority)

A marriage is void if either party was below 18 at the time of marriage, regardless of parental consent.

Typical proof: birth certificate(s), marriage certificate, testimony.

Ground 2: Lack of authority of the solemnizing officer

If the person who solemnized the marriage had no legal authority, the marriage is void.

Important exception (good faith): If either or both parties believed in good faith that the solemnizing officer had authority, the marriage is generally not void on this ground (the law protects parties acting in good faith).

Typical proof: records on the officer’s authority/appointment/designation, testimony on good faith, marriage documents.

Ground 3: No valid marriage license (unless the marriage falls under statutory exceptions)

A marriage without a valid marriage license is void unless it is among those marriages exempt from the license requirement (e.g., certain marriages in articulo mortis, in remote places, among parties who lived together as husband and wife for at least five years and meet statutory conditions, and other specific cases recognized by law).

Typical proof:

Certification from the Local Civil Registrar that no marriage license was issued (or issued improperly),
Facts showing the case does not qualify for an exemption, or conversely, proof that it does qualify (if defending validity).

Ground 4: Bigamous or polygamous marriages

A marriage is void if contracted while a prior valid marriage is still subsisting—unless the subsequent marriage falls under the special rule on presumptive death (discussed below).

Typical proof: PSA marriage certificates, court records, proof no prior nullity/annulment, testimonies.

Practical note: Even if the first marriage is void, Philippine practice strongly emphasizes the need for a judicial declaration of nullity for certainty and for remarriage-related compliance.

Ground 5: Mistake as to the identity of the contracting party

A marriage is void if consent was given because of a mistake as to identity (not merely mistake as to character, status, wealth, etc., which may fall under other rules).

This is rare and requires clear proof that the person married was not the person intended.

Ground 6: Psychological incapacity (Family Code, Article 36)

This is the most litigated ground.

Concept: A marriage is void if, at the time of celebration, one or both spouses were psychologically incapacitated to comply with essential marital obligations.

What it is (in law):

A legal concept, not simply a medical label.
It refers to a serious inability to assume and perform essential marital obligations, not mere difficulty, refusal, immaturity, or marital unhappiness.

Essential marital obligations commonly anchored on:

mutual love, respect, fidelity, support, cohabitation
duties to the family and children
partnership obligations inherent in marriage

Key judicial themes (as shaped by jurisprudence):

The incapacity must be shown to have existed at the time of marriage, even if it becomes most apparent later.
The focus is on incapacity (inability), not just willful neglect (unwillingness)—though patterns can overlap.
Earlier jurisprudence imposed strict “root cause / gravity / incurability” formulations; later jurisprudence has emphasized a more practical, behavior-based evaluation anchored on the inability to fulfill marital obligations, with expert testimony helpful but not always indispensable.

Common fact patterns alleged (illustrative, not automatic grounds):

severe narcissistic/antisocial traits manifesting as consistent deceit, abuse, total irresponsibility
chronic infidelity tied to deep-seated personality dysfunction
addiction behaviors intertwined with entrenched incapacity to maintain marital obligations
pathological lying, inability to form empathy/reciprocity, persistent abandonment

Typical proof:

testimony of the petitioner and witnesses (family, friends, co-workers)
documentary evidence (messages, records, police blotters if relevant, medical/psych reports if any)
psychological evaluation/expert testimony often used, especially to frame the behavioral pattern as “incapacity” rather than “bad conduct”

What courts often reject (standing alone):

simple “irreconcilable differences”
ordinary marital conflict
isolated infidelity without showing deeper incapacity
“he is irresponsible” without detailed, consistent evidence establishing inability to comply with essential obligations

Ground 7: Incestuous marriages (Family Code, Article 37)

Absolutely void marriages include those between:

ascendants and descendants (legitimate or illegitimate), and
brothers and sisters (full or half-blood)

No amount of consent cures this.

Ground 8: Marriages void for reasons of public policy (Family Code, Article 38)

These include, among others, marriages between:

collateral blood relatives within the prohibited degree (as specified by law)
step-parent and step-child
parent-in-law and child-in-law
adopting parent and adopted child
surviving spouse of adopter and adopted child
adopted child and legitimate child of adopter
adopted children of the same adopter
parties where one is the adopted child of the other’s spouse, etc.

These are void regardless of consent.

Ground 9: “Subsequent marriage” issues tied to prior nullity and recording requirements

Philippine law contains rules that can make a later marriage void due to failures tied to prior marital litigation and civil registry compliance.

A major practical rule is that a spouse generally must secure a judicial declaration of nullity of a prior marriage before contracting another (commonly associated with Family Code Article 40 jurisprudence). Additionally, after a nullity/annulment judgment, the law requires compliance with property liquidation, partition, and recording/registration requirements; noncompliance can affect the validity of a subsequent marriage in specific statutory settings.

4) Who Can File, Where to File, and What Must Be Alleged

A. Who can file

In practice and under the governing rules:

The husband or wife is the usual petitioner.
The State participates through the prosecutor and the Office of the Solicitor General (OSG).
Third parties generally cannot “try” the validity of a marriage casually; standing is limited and context-sensitive (e.g., direct, material interest), and courts are cautious.

B. Venue (where to file)

Petitions are filed with the Family Court (RTC designated as Family Court):

where the petitioner has been residing for at least six (6) months prior to filing, or
where the respondent resides.

C. What the petition typically includes

A well-drafted petition usually states:

complete names, citizenship, residence
date and place of marriage; solemnizing officer
facts constituting the ground(s) for nullity
details on children (names, birthdates, current custody)
property regime and known properties (to the extent possible)
reliefs sought (nullity declaration, custody, support, property liquidation, use of surname where applicable)
verification and certification against forum shopping
attachments (marriage certificate, birth certificates, other documentary proof)

5) Procedure: Step-by-Step (A.M. No. 02-11-10-SC Framework)

What follows is the standard flow in most courts, with local variations.

Step 1: Filing and raffling

File the verified petition with the proper Family Court.
Pay docket and other lawful fees.
The case is raffled/assigned.

Step 2: Summons and service

The court issues summons to the respondent.
If the respondent is abroad or cannot be located, service may be through substituted service or publication (with court permission), depending on the circumstances and due process requirements.

Step 3: Prosecutor’s role: investigation for collusion

Before trial proceeds in earnest, the court typically directs the public prosecutor to:

investigate whether there is collusion between the parties, and
ensure that evidence will not simply be an agreed “script” to obtain nullity.

Collusion (agreement to fabricate or suppress evidence) is prohibited. A “confession of judgment” (granting the petition simply because the respondent admits) is not allowed; the court must still receive evidence.

Step 4: Answer (or lack of answer) and pre-trial

The respondent files an Answer (with defenses/counterclaims relating to permissible issues).
If the respondent does not answer, the court does not simply grant the petition by default. Instead, the case can proceed ex parte after due process steps, with the State still participating.

At pre-trial, the court:

marks exhibits,
identifies issues,
considers stipulations (except on the validity issue, which cannot be stipulated into existence),
sets trial dates,
may address provisional matters (support, custody schedules, protection, etc.)

Step 5: Provisional orders (support, custody, protection)

While the case is pending, the court may issue orders on:

support pendente lite (especially for children)
custody and visitation
protection orders in appropriate cases (often coordinated with other legal remedies where applicable)
administration or preservation of property in limited circumstances

Step 6: Trial and presentation of evidence

The petitioner presents evidence, commonly:

petitioner’s testimony
corroborating witnesses
documents (civil registry records, communications, records of cohabitation, etc.)
expert testimony (often in Article 36 cases)

The public prosecutor participates to safeguard the State’s interest; the OSG may appear, oppose, cross-examine, and later decide whether to appeal.

Step 7: Decision

If the court finds the ground proven, it issues a Decision declaring the marriage void ab initio and resolves ancillary issues such as:

custody arrangements
child support
property relations (liquidation/partition, where ripe and properly pleaded/proven)
other appropriate reliefs

Step 8: Finality, entry of judgment, and civil registry recording

After the period for appeal lapses (or after appellate proceedings conclude), the judgment becomes final and executory, and an Entry of Judgment is issued.

For civil status and remarriage practicality, the decision and entry must be recorded with:

the Local Civil Registrar where the marriage was registered, and
the Philippine Statistics Authority (PSA) through proper endorsement/annotation processes.

Without annotation/recording, parties often encounter real-world barriers (license applications, record discrepancies), even if the judgment is final.

6) Evidence and Proof: What Usually Matters

A. Presumption of validity and the burden of proof

Courts start from the presumption that the marriage is valid. The petitioner bears the burden to prove nullity by competent evidence.

B. Best evidence often depends on the ground

No license: Local Civil Registrar certification; proof exemption does not apply.
Bigamy: PSA marriage records, proof prior marriage subsists, proof no prior nullity/annulment/death.
Underage: birth certificates.
Authority of solemnizing officer: official records; good-faith evidence.
Article 36: detailed behavioral narrative + corroboration + (often) psychological evaluation framing incapacity.

C. Article 36 proof is narrative-heavy

Successful Article 36 cases typically present a coherent story showing:

persistent, grave dysfunction
early manifestations (before or at marriage) or clear indication the condition existed then
direct link between dysfunction and inability to perform essential obligations
corroboration beyond the petitioner’s bare conclusions

7) Effects of a Declaration of Nullity

A. Status of the parties

The marriage is treated as void from the start.
Parties become legally capacitated to remarry only after the judgment is final and properly recorded/annotated for civil registry purposes (and subject to other legal compliance requirements).

B. Status of children

General rule: children of a void marriage are illegitimate, except where the Family Code specifically grants legitimacy (notably in certain void marriages, including those covered by specific provisions such as Article 36 and related rules).

Regardless of legitimacy classification:

children remain entitled to support
custody and parental authority are resolved under the best-interest standard, with statutory rules on parental authority applied

C. Property relations

Property consequences depend heavily on good faith.

For many void marriages, courts apply:

Article 147 (where parties are in good faith / at least one in good faith): property acquired through joint efforts is co-owned in proportion, with nuanced rules on wages and contributions.
Article 148 (where both are in bad faith): stricter rules; only actual contributions may be recovered; forfeiture rules may apply.

Additionally, the judgment should address liquidation/partition where properly alleged and proven, and recording requirements can matter for future marriages and third-party dealings.

D. Surname

Questions about the wife’s use of the पति’s surname can arise. Since a void marriage is treated as if it never existed, continuing use of the husband’s surname can be contested depending on the civil registry status and applicable rules. Courts and agencies often look to the annotated civil registry record and the specifics of the case.

8) Special Topics Closely Related to Nullity Practice

A. Declaration of presumptive death (Article 41) and “subsequent marriage”

If a spouse has been absent for the statutory period and the present spouse has a well-founded belief the absent spouse is dead, the present spouse may seek a judicial declaration of presumptive death to remarry.

This is a separate proceeding commonly used when the issue is absence (not Article 36). If the absent spouse reappears, the subsequent marriage may be affected under the Family Code’s mechanisms.

B. Recognition of foreign divorce (Article 26, second paragraph)

When a Filipino is married to a foreigner and a valid divorce abroad is obtained by the foreign spouse (and later jurisprudence has expanded scenarios), the remedy is typically judicial recognition of the foreign divorce and/or foreign judgment—this is different from nullity, but often chosen when it fits the facts.

C. Criminal and administrative intersections

Some grounds (e.g., bigamy) intersect with criminal exposure depending on facts. A nullity case is civil in nature but may run alongside criminal proceedings, subject to strategic and factual considerations.

9) Practical Realities in Litigation

Cases are evidence-driven. The petition’s wording matters less than the coherence and credibility of proof.
The State is always “in the room.” The prosecutor and OSG participation is designed to prevent collusion and protect marriage as an institution.
Article 36 is not “easy,” but it is viable when the evidence shows a true inability to meet essential obligations rooted in enduring psychological dysfunction present at marriage.
Civil registry annotation is not a mere formality. It is often the step that makes the judgment usable in real life.

10) Quick Reference: Common Grounds vs What You Must Prove

Under 18: age at marriage.
No authority of solemnizer: lack of authority + absence of good faith.
No license: absence of license + inapplicability of exemptions.
Bigamy: prior subsisting marriage at time of second marriage.
Mistake of identity: identity error vitiating consent.
Incest / public policy: prohibited relationship within enumerated categories.
Psychological incapacity (Art 36): incapacity (not mere refusal) to fulfill essential marital obligations, existing at marriage, shown through credible behavioral evidence and corroboration.