Overview

Under Philippine law, there are two distinct ways to judicially end a marriage:

Declaration of Absolute Nullity (nullity) – the marriage was void from the beginning (void ab initio).
Annulment – the marriage was valid when celebrated but is voidable due to defects existing at the time of marriage; it becomes invalid only upon court decree.

Both actions are purely judicial (handled by courts), never administrative. They are governed primarily by the Family Code of the Philippines, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC), the Family Courts Act (R.A. 8369), and related jurisprudence (notably on psychological incapacity).

Practical tip: Before filing, determine first which remedy fits the facts—“annulment” (voidable) vs. “nullity” (void). The grounds, timelines, evidence, and effects differ significantly.

Part I. Grounds

A. Grounds for Declaration of Absolute Nullity (Void Marriages)

A marriage is void from the start when any of the following exists:

Absence of an essential or formal requisite
- No legal capacity: either party was below 18 at the time of the ceremony.
- No valid consent: e.g., mistake in identity.
- No valid authority to solemnize the marriage and no good-faith belief by at least one party that the officer had authority.
- No marriage license, except in legally recognized license-exempt situations (e.g., certain cohabitation cases, marriages in articulo mortis, indigenous customary law where applicable).
Bigamous or polygamous marriage, unless the prior spouse is presumed dead under the law and the conditions for a valid subsequent marriage are met.
Incestuous marriages (e.g., between ascendants and descendants, or between full/half siblings), and other unions void for public policy (certain degrees of affinity/consanguinity and relationships by adoption).
Psychological incapacity (Family Code, Art. 36) – a spouse had an enduring, grave, and antecedent inability to assume the essential marital obligations at the time of marriage. Philippine jurisprudence clarifies that this is a legal concept (not strictly a medical diagnosis), may be proved by lay or expert testimony, and focuses on the incapacity’s root traits and its impact on marital obligations.
Failure to record a prior decree of nullity/annulment, partition of property, and delivery of presumptive legitimes (Article 53) before contracting a subsequent marriage—rendering that subsequent marriage void.

Prescriptive period: None. Actions for nullity are generally imprescriptible (though cases can abate for procedural reasons such as the death of a party depending on the relief sought).

B. Grounds for Annulment (Voidable Marriages)

A marriage is voidable (valid until annulled) on these Article 45 grounds:

Lack of parental consent – a party was 18 to below 21 and married without the consent of parents/guardian.
- Who/When to file: by the party whose consent was lacking within 5 years after reaching 21; or by the parent/guardian before the party turns 21.
Insanity at the time of marriage.
- Who/When: by the sane spouse before the insane spouse regains sanity; or by a relative/guardian at any time before the death of either party.
Fraud – e.g., concealment of a pregnancy by another man, conviction of a crime involving moral turpitude, identity substitution, etc. (The law lists specific types; ordinary misrepresentations generally don’t qualify.)
- When: within 5 years from discovery of the fraud.
Force, intimidation, or undue influence – vitiated consent.
- When: within 5 years from the time it ceased.
Impotence (physical incapacity to consummate) existing at the time of marriage and continuing.
- When: within 5 years after the marriage.
Sexually transmissible disease that is serious and apparently incurable, existing at the time of marriage.
- When: within 5 years after the marriage.

Key distinction: In annulment, the marriage remains valid and produces legal effects until a final judgment annuls it. In contrast, a void marriage under nullity is treated as never having existed, though property and children’s rights have special statutory treatment.

Part II. Procedure (Step-by-Step)

1) Strategic Assessment & Case Theory

Identify the correct remedy (nullity vs. annulment) and precise ground.
Gather initial documentary evidence: PSA/LCRO-issued marriage certificate, birth certificates of children, IDs and proof of residence, any medical/psychological reports, communications, photos, police/barangay blotters, etc.
Consider property regime and potential support issues; list community/conjugal assets and liabilities.

2) Venue and Jurisdiction

File in the Family Court (Regional Trial Court designated as such) of the province/city where the petitioner or the respondent resides.
If the respondent resides abroad or is unknown, file in the court where the petitioner resides.

3) The Verified Petition

Must be verified and in writing, stating:
- Personal circumstances of parties (citizenship, ages, residences).
- Date/place of marriage, civil registry details.
- Specific grounds and material facts supporting them.
- Children, property, and reliefs sought (custody, support, property dissolution, use of surname, protection orders if needed).
Attach certified copies of civil registry documents and relevant evidence.
Pay filing and sheriff’s fees (plus publication costs if summons by publication becomes necessary).

4) Docketing, Raffling, and Summons

Case is raffled to a Family Court branch.
Court issues summons to the respondent. If unserved, court may allow substituted service or publication with due diligence.

5) Mandatory Government Participation

A public prosecutor (and the Office of the Solicitor General for appellate review) appears to guard against collusion and fabrication.
The prosecutor submits a report after investigating possible collusion.

6) Answer and Preliminary Conferences

Respondent files an Answer (or defaults if none).
Court may require parenting seminars, child-focused interventions, or referral to mediation for property/support/custody issues (not for compromising the marital status).

7) Pre-Trial

Mandatory pre-trial to mark exhibits, explore stipulations, define issues, and consider interim measures (e.g., temporary support, protection orders, custody arrangements, injunctions on property dissipation).

8) Trial

Petitioner’s evidence first: witnesses (including psychologists/psychiatrists if claiming psychological incapacity), documents, and judicial affidavits subject to cross-examination.
Respondent’s evidence follows.
Prosecutor may cross-examine and present independent evidence.

9) Decision

The court issues a written decision granting or denying the petition.
In psychological incapacity cases, courts assess root causes, gravity, juridical antecedence, and incurability as developed by jurisprudence.

10) Finality and Entry of Judgment

If no appeal, the decision becomes final and executory; the court issues an Entry of Judgment.

11) Civil Registry Annotations (Crucial)

The final judgment must be recorded/annotated with:
- Local Civil Registry (LCRO) where the marriage was recorded;
- Philippine Statistics Authority (PSA); and
- Registries of Deeds (for property orders).
Article 52–53 compliance (recording the decree, property partition, and delivery of presumptive legitimes) is mandatory. Failure to record can void any subsequent marriage.

Part III. Effects of a Grant

A. Status of the Parties

Nullity: Parties are considered never to have been married, subject to special rules on property and children.
Annulment: Marriage is voided prospectively from final judgment.

B. Use of Surname

The wife may revert to her maiden name. In specific cases, a woman may continue using the husband’s surname if allowed by law and circumstances (e.g., if she chooses to and the court does not prohibit, except where equity or protection orders say otherwise).

C. Property Relations

Void marriage
- Governed typically by Articles 147/148:
  - If both parties were in good faith and not otherwise disqualified to marry each other (e.g., no bigamy), co-ownership applies to properties acquired through joint efforts during cohabitation; wages and salaries are included; bad-faith party forfeits share in favor of common children (or innocent party).
  - If one or both were disqualified (e.g., bigamous union), a stricter rule under Article 148 applies—only actual contributions are considered; no presumptions in favor of the wrongdoer.
Annulment (voidable)
- The property regime is dissolved and liquidated (e.g., conjugal partnership or absolute community).
- Donations by reason of marriage may be revoked.
- Forfeitures may apply depending on good/bad faith.

D. Children

Children conceived or born of a voidable marriage (annulled) are legitimate.
Children of a void marriage are generally illegitimate (subject to statutory presumptions and rights), but they retain rights to support and legitimes from their parents consistent with law.
Legitimation is available only in specific circumstances defined by law (not by an annulment/nullity decree).

E. Custody and Support

Best interests of the child govern.
The tender-age presumption generally favors the mother for children under seven, unless there are compelling reasons to order otherwise.
Parental authority, custody schedules, and child/ spousal support are addressed in the case and may be made immediately executory.
Protection orders (temporary or permanent) may issue when warranted.

F. Succession and Property Recording

After finality, partition and delivery of presumptive legitimes to common children must be effected and recorded with civil/property registries pursuant to Articles 52–53.

Part IV. Evidence and Litigation Strategy

Documentary proof of the ground is indispensable: medical/psychological reports, counseling/therapy notes, communications evidencing deceit, police/barangay records of violence or intimidation, immigration/NSO/PSA documents, employment and financial records for property issues, etc.
In psychological incapacity cases, while expert testimony is not strictly mandatory, it is often persuasive when it traces the root traits to pre-marital origins, shows gravity and incurability, and explains how the incapacity disables performance of essential marital obligations (e.g., fidelity, support, cohabitation, mutual respect).
No collusion: The court and the public prosecutor actively ensure the case is bona fide.
Interim reliefs can stabilize finances and protect children during litigation.

Part V. Timelines, Costs, and Practical Considerations

Duration varies widely based on venue, court docket, defenses, and complexity (e.g., need for psychological evaluation, number of witnesses).
Costs include filing/legal fees, psychological evaluations (if any), publication (if needed for summons), mediator/arbitration fees for property issues, and incidental expenses.
Foreign aspects:
- A foreign divorce obtained by a foreign spouse can be recognized in the Philippines (special proceeding), allowing the Filipino spouse to remarry.
- Filipinos generally cannot obtain a divorce recognized locally unless covered by specific conflict-of-laws scenarios (e.g., a subsequent change of citizenship before divorce, mixed marriages where the foreign spouse secures the divorce, or recent statutory changes if any—always verify current jurisprudence).

Part VI. Common Pitfalls

Mislabeling the case (annulment filed when the facts support nullity, or vice-versa).
Insufficient Article 36 proof (focusing on incompatibility rather than incapacity tied to essential obligations).
Failing to join issues on custody, support, and property early.
Neglecting Article 52–53 recording, which can invalidate a later marriage.
Assuming that “mutual agreement” can end a marriage—it cannot in the Philippines.

Part VII. Checklist (Filing Readiness)

✅ Correct remedy and ground identified
✅ Venue confirmed (Family Court where petitioner/respondent resides)
✅ Verified Petition drafted with particularized facts and requested reliefs
✅ Documentary exhibits compiled (PSA/LCRO records, IDs, evidence)
✅ Child-related proposals (custody, support, parenting plan) prepared
✅ Property inventory and proposed liquidation framework ready
✅ Witnesses/experts lined up; judicial affidavits prepared
✅ Budget and timeline expectations understood
✅ Plan for post-judgment recording (LCRO, PSA, registries) in place

Final Notes

The above is a Philippine-specific synthesis aimed at helping you understand grounds, procedure, evidence, and effects of annulment and nullity actions.
Because each case turns on specific facts and documents, it’s prudent to consult counsel to map the facts to the correct legal ground, structure the evidence, and ensure compliance with Article 52–53 recording and child-protection rules.