I. Overview: Why “Annulment” Matters in the Philippines

The Philippines (aside from special laws applicable to Muslims) does not have a general law on absolute divorce between Filipino citizens. For most Filipinos, the only ways to end the civil effects of a marriage are:

Declaration of nullity of marriage – for marriages that were void from the beginning;
Annulment of marriage – for voidable marriages; and
Legal separation – which does not end the marriage, but only separates spouses in bed and board and dissolves property relations.

In everyday speech, people often say “annulment” for both declaration of nullity and annulment. Legally, however, these are distinct, with different grounds, time limits, and consequences.

This article focuses on:

The legal framework under the Family Code;
The grounds for annulment and for declaration of nullity (because these are always confused);
The judicial process step-by-step; and
The effects on property, children, surnames, and the right to remarry.

II. Legal Framework

The main law is the Family Code of the Philippines (Executive Order No. 209, as amended), which took effect on 03 August 1988. It applies to marriages celebrated after that date, and with certain rules, to prior marriages as well.

Key concepts under the Family Code:

Valid marriage – produces normal rights and obligations of spouses.
Void marriage – considered as if it never existed in law (“void ab initio”).
Voidable marriage – valid and binding until annulled by a final judgment.
Legal separation – spouses remain married but separate in property and may live separately.

Annulment specifically refers to voidable marriages governed mainly by Articles 45–55 of the Family Code. Declaration of nullity refers to void marriages under Articles 35, 36, 37, 38, 40, 41, 52–53, etc.

III. Annulment vs Declaration of Nullity vs Legal Separation

1. Annulment (Voidable Marriages)

The marriage is initially valid, but one spouse can later seek to annul it on specific grounds (e.g., fraud, intimidation, insanity).
It remains valid until there is a final judgment of annulment.
After annulment, the marriage is treated as if it never existed, but with important protective rules for children and property.

2. Declaration of Absolute Nullity (Void Marriages)

The marriage is void from the beginning due to a fundamental defect, e.g.:
- No marriage license (with some exceptions);
- Underage parties (below 18);
- Bigamy;
- Incestuous or prohibited relationships;
- Psychological incapacity under Article 36.
A court decision is still required to officially recognize the nullity and to settle the civil effects.

3. Legal Separation

The marital bond continues; no right to remarry.
Only property relations and the right to live together are affected.
Grounds are different (e.g., repeated physical violence, serious insult, drug addiction, etc.).

For practical purposes, anyone wanting to “end” a marriage for purposes of remarrying usually needs either an annulment (voidable) or a declaration of nullity (void).

IV. Grounds for Annulment of Voidable Marriages

Governed primarily by Article 45 of the Family Code.

A marriage may be annulled for any of the following:

1. Lack of Parental Consent (18–21 years old)

At the time of marriage, a party was 18–21 years old and did not obtain parental consent required by law.
The marriage is voidable, not void.

Who may file and when:

The parent or guardian: before the party reaches 21.
The party whose parental consent was required: within 5 years after reaching the age of 21.
Ratification: cohabitation as spouses after age 21 effectively cures this ground (you can no longer seek annulment based on lack of parental consent).

2. Insanity

One party was insane at the time of the marriage.

Who may file and when:

The sane spouse: any time before the death of either party.
The insane spouse (through guardian): any time during a lucid interval.
Ratification: cohabitation after regaining sanity cures this ground.

3. Fraud

One party’s consent was obtained through fraud. Under the Family Code, fraud must be serious and specific, such as:

Misrepresentation regarding identity (who the person actually is);
Concealment of a prior conviction of a crime involving moral turpitude;
Concealment of pregnancy by another man at the time of marriage;
Concealment of sexually transmissible disease, drug addiction, habitual alcoholism, or homosexuality/lesbianism, existing at the time of marriage.

Who may file and when:

The injured party: within 5 years from discovery of the fraud.
Ratification: voluntary and continued cohabitation after discovering the fraud cures the defect.

4. Force, Intimidation, or Undue Influence

Consent was obtained by serious force, intimidation, or undue influence such that there was no real voluntary consent.

Who may file and when:

The spouse whose consent was vitiated: within 5 years from the time the force/intimidation/undue influence ceased.
Ratification: cohabitation after the vitiating factor ceased cures the ground.

5. Physical Incapacity to Consummate (Impotence)

One party was physically incapable of consummating the marriage (i.e., sexual intercourse), and:
- The incapacity continues and
- Is incurable.

Who may file and when:

The injured spouse: within 5 years from the celebration of the marriage.

6. Serious Sexually Transmissible Disease

One party was afflicted with a sexually transmissible disease found by the other to be:
- Serious, and
- Appears to be incurable,
- And this existed at the time of the marriage and was unknown to the other party.

Who may file and when:

The innocent spouse: within 5 years from the celebration of the marriage.

V. Grounds for Declaration of Nullity of Void Marriages

(Often incorrectly called “annulment” in casual language)

Even though the topic is “annulment,” in practice you must understand void marriages because many cases are actually declarations of nullity.

1. Marriages Void Under Article 35 (Lack of Essential/Formal Requisites)

Examples include:

Party below 18 years old at the time of marriage (even with parental consent).
Marriage solemnized by a person without legal authority, unless at least one party was in good faith (putative marriage doctrine affects civil effects).
Marriage without a valid marriage license, except in cases where the law dispenses with the license (e.g., specific exceptional cases such as certain long cohabitation).
Bigamous or polygamous marriages not covered by the exceptions (e.g., Article 41 on presumptive death).
Marriages contracted through mistake as to the identity of the other party.
Subsequent marriages declared void under Article 53 (failure to record the judgment of nullity/annulment/partition, etc., before contracting a new marriage).

2. Psychological Incapacity (Article 36)

A marriage is void if either spouse is psychologically incapacitated to comply with the essential marital obligations, and this incapacity:

Is grave;
Is antecedent (existing at the time of the marriage); and
Is incurable or resistant to cure, at least in the context of the marital relationship.

The Supreme Court’s jurisprudence (notably Tan-Andal v. Andal, 2021) clarified that:

Psychological incapacity is a legal, not purely medical, concept.
It need not be a formally diagnosed mental illness;
It must be shown through patterns of behavior and attitudes showing an enduring, deeply rooted inability – not mere refusal, difficulty, or immaturity.
Expert testimony (e.g., psychologists) is helpful but not strictly indispensable, as the court is the final arbiter.

Common examples (always fact-dependent):

Extreme emotional immaturity causing persistent abandonment of marital responsibilities;
Pathological lying or abuse preventing fulfillment of core marital duties;
Chronic infidelity and total disregard of family;
Severe personality disorders that render the person effectively incapable of true marital partnership.

3. Incestuous Marriages (Article 37)

Marriages between close blood relatives, such as:

Between ascendants and descendants of any degree (e.g. parent-child, grandparent-grandchild);
Between brothers and sisters, whether full or half-blood.

These are void for reasons of public policy and morality.

4. Marriages Void for Reasons of Public Policy (Article 38)

Examples include marriages between:

Step-parent and step-child;
Parents-in-law and children-in-law;
Adoptive parents and adopted children;
Certain collateral relations within prohibited degrees;
Parties who were previously involved in an adulterous or concubinage relationship where the guilty spouse marries his/her paramour after the death of the legitimate spouse within a certain period (subject to specific statutory rules).

5. Presumptive Death and Bigamous Marriages (Articles 40–41)

A subsequent marriage is void unless:

The first marriage is declared void or annulled by final judgment; or
In case of presumptive death, the present spouse obtains a court declaration of presumptive death under Article 41 before remarrying, and specific legal requirements are followed.

Failure to comply leads to bigamous and therefore void subsequent marriages.

VI. Who May File and Where: Jurisdiction and Parties

1. Proper Parties

Either spouse may file for annulment or declaration of nullity, subject to the specific limitations for voidable marriages (e.g., only the injured party, parent, or guardian in certain cases).
If a spouse is incapacitated, a guardian or representative may file in his/her behalf.
The Office of the Solicitor General (OSG), through the public prosecutor, represents the State to ensure that there is no collusion between the parties and that the evidence is not fabricated.

2. Court with Jurisdiction

Petitions are filed in the Family Court, which is a Regional Trial Court (RTC) designated as a Family Court.
Venue is typically:
- The place where the petitioner resides,
- Or the place where the respondent resides, depending on the Rules of Court and specific procedural rules.

For Filipinos residing abroad, there are special rules; typically, they may file in the Philippines in the place of their last residence here, or as allowed by the rules.

VII. The Judicial Process: Step-by-Step

The process is purely judicial. No government agency or church body can, by itself, dissolve or annul a civil marriage.

1. Pre-Filing Stage

Consultation with counsel to determine:
- Whether the marriage appears void or voidable;
- The appropriate legal ground (e.g., psychological incapacity vs fraud vs bigamy);
- The likelihood of proving the ground based on facts and available evidence.
Collection of documents, typically including:
- PSA marriage certificate;
- PSA birth certificates of children;
- IDs, proof of residence, etc.;
- Previous court decisions (if any) relating to prior marriages;
- For psychological incapacity cases: psychological evaluation, affidavits of relatives or friends corroborating the behavior of the spouse.
In psychological incapacity cases, the spouse often undergoes a psychological evaluation, and a psychologist or psychiatrist prepares a report and may later testify.

2. Filing of the Petition

A verified petition is filed in the proper Family Court, containing:
- Personal circumstances of the parties;
- Date and place of marriage;
- Description of children, if any;
- Full narration of facts constituting the ground;
- Prayer for relief (e.g., declaration of nullity or annulment, custody, support, property liquidation, use of surname).
Docket and filing fees must be paid (amount depends on the court system, number of issues, and sometimes property value involved).
The case is assigned a civil case number and raffled to a branch of the Family Court.

3. Participation of the Public Prosecutor / OSG

The court orders the public prosecutor to conduct an investigation of possible collusion between the parties.
The prosecutor submits a report indicating whether there is collusion or not.
The OSG may later file pleadings, oppose or support the decision, and appeal if necessary. The State is always a party because marriage is imbued with public interest.

4. Service of Summons and Answer

Summons is served on the respondent spouse.
- If the respondent is abroad or cannot be located, the court may order service by substituted service or publication under the Rules of Court.
The respondent may:
- File an answer opposing the petition;
- Remain silent (in which case the case proceeds, but the court and State still actively examine the evidence).

5. Pre-Trial

The court holds a pre-trial conference. Parties are required to attend personally, along with their counsel.
Matters handled at pre-trial:
- Marking of documents and identification of issues;
- Possible stipulations on facts not in dispute;
- Preliminary discussion on custody, support, and visitation for children;
- Referral to mediation or court-annexed ADR for property and support issues (but not for the validity of marriage, which cannot be compromised).
Non-appearance of the petitioner without justifiable cause can lead to dismissal of the case.

6. Trial Proper

a. Petitioner’s Evidence

The petitioner testifies as to:
- The history of the relationship;
- Specific acts showing the ground invoked (e.g., incidents showing psychological incapacity, fraud, force, etc.);
- Circumstances of separation and continuing inability of the marriage.
Witnesses:
- Relatives, friends, co-workers who can corroborate the spouse’s behavior;
- Psychologist or psychiatrist, if psychological incapacity is alleged, to explain the diagnosis or formulation and link it to marital obligations.

b. Respondent’s Evidence

If the respondent contests, they may present:
- Testimony contradicting the petitioner’s allegations;
- Their own expert witness;
- Evidence that the ground is not present or has been cured/ratified.

c. Prosecutor and OSG

The prosecutor may cross-examine and object to evidence.
The OSG may actively participate or later file memoranda.

7. Decision

After trial, the court issues a decision either:
- Granting the petition (annulment or declaration of nullity), or
- Dismissing it.
The decision must:
- State the factual and legal basis for the judgment;
- Address issues of custody, support, and property relations;
- Declare which party is in good faith or bad faith, if relevant for property forfeiture.

8. Appeal and Finality

Either party, or the OSG, may appeal to the Court of Appeals within the reglementary period.
If no appeal is filed, or after appeals are resolved, the decision becomes final and executory.
An Entry of Judgment is issued.

9. Registration of the Judgment (Articles 52–53)

To fully produce civil effects and to validly contract a new marriage, the judgment must be:

Recorded in the Civil Registry:
- Local Civil Registrar where the marriage was celebrated;
- Local Civil Registrar where the court is located;
- Philippine Statistics Authority (PSA) records are updated.
Recorded in the appropriate registries of property (for liquidation of the property regime).

Non-compliance with Articles 52 and 53 can render a subsequent marriage void, so registration is critical.

VIII. Effects of Annulment or Declaration of Nullity

The consequences differ slightly between void and voidable marriages, but some general principles apply.

1. Status of the Marriage and Right to Remarry

After a final and properly registered judgment:
- The marriage bond is considered dissolved for civil purposes.
- The parties are free to remarry, subject to waiting periods required for women in certain cases (to avoid confusion of paternity) and compliance with all procedural requirements.
However, remarriage before registration of the judgment and liquidation documents can lead to nullity of the subsequent marriage (Article 53).

2. Children’s Status (Legitimacy)

Key distinctions:

In voidable marriages (annulment), children conceived or born before the final judgment of annulment are legitimate.
In marriages void under Article 36 (psychological incapacity), children conceived or born before the judgment of nullity are also treated as legitimate.
For other void marriages (e.g., bigamous, incestuous), children are generally treated as illegitimate, although they still have rights to support and to inherit as illegitimate children.

Legitimacy affects:

Surname of the child;
Succession rights (legitimate vs illegitimate shares);
Certain civil status advantages.

3. Property Relations

If the marriage is voidable and annulled, or void but in good faith, the typical steps:

Dissolution of the property regime:
- Absolute community or conjugal partnership is dissolved.
Inventory of assets and liabilities.
Payment of debts of the spouses and of the community/conjugal partnership.
Net remainder (the “net profits”) is divided, but:
- The share of the spouse in bad faith in the net profits may be forfeited in favor of:
  - The common children;
  - In their default or absence, the children of the guilty spouse;
  - In their default or absence, the innocent spouse.
Properties belonging exclusively to each spouse before marriage (paraphernal or exclusive) generally remain with them, subject to reimbursement for contributions.

For void marriages:

If both parties are in bad faith, property relations may be governed by co-ownership rules.
If one or both are in good faith, property relations usually fall under Articles 147 or 148 (cohabitation rules) of the Family Code:
- Contributions are presumed equal in certain cases;
- Forfeiture rules may still apply against the bad-faith party.

4. Custody and Parental Authority

The court determines custody of minor children based on their best interests:
- Age, health, emotional ties, history of care, moral fitness, and stability are considered.
- As a rule, children under seven are not separated from the mother except for compelling reasons, though jurisprudence nuances this.
Parental authority may:
- Remain joint;
- Be awarded primarily to one parent, with visitation rights to the other;
- Be suspended or terminated in extreme cases (e.g., abuse, neglect).
Despite annulment or nullity:
- Both parents remain obliged to support their children.
- Custody and support arrangements can be modified later if circumstances substantially change.

5. Support

Children (legitimate or illegitimate) are entitled to support, including:
- Food, clothing, shelter, medical care, education, and transportation, in proportion to the parents’ means.
Spousal support:
- During the case, the court may grant support pendente lite (temporary support).
- After annulment or nullity, ongoing support for an ex-spouse is not automatic but may be granted in limited cases depending on:
  - Good or bad faith;
  - Equitable considerations;
  - Applicable jurisprudence.

6. Use of Surnames

For wives:

Upon marriage, a wife may:
- Use her maiden name;
- Use her husband’s surname; or
- Use a combination as allowed by law.
After annulment or nullity:
- She may generally revert to her maiden name.
- In certain situations and jurisprudential developments, a wife may continue using her former husband’s surname when justified (e.g., for professional reasons or in the children’s interest), but this is a nuanced matter and may require court recognition.

IX. Time, Cost, and Practical Realities

While not spelled out in the Family Code, in practice:

Duration – Cases often take years from filing to finality, depending on:
- Court docket congestion;
- Complexity of evidence;
- Availability of witnesses;
- Appeals.
Cost – Includes:
- Lawyer’s fees;
- Court filing and publication fees;
- Expert fees (psychologists, etc.);
- Incidental expenses (travel, documentation).

The law and the courts are wary of collusive and fabricated annulment or nullity cases. The participation of the prosecutor and OSG is precisely to guard against making marriage dissolutions a mere matter of convenience.

X. Civil vs Church Annulment

It is crucial to distinguish:

Civil annulment or declaration of nullity – issued by the civil courts under the Family Code; it affects civil status, property, and the right to remarry under civil law.
Church annulment (e.g., Catholic tribunal) – a declaration that the marriage is invalid under canon law; it affects the capacity to remarry in the Church but has no automatic civil effect.

A church annulment alone does not allow civil remarriage. A person must secure a civil court judgment to change civil status and remarry validly under Philippine law.

XI. Key Takeaways

Annulment strictly applies to voidable marriages; declaration of nullity to void marriages, but both are sought through a judicial petition in Family Court.
Grounds for annulment are limited and specific, mainly concerning consent defects and certain incapacity or disease existing at the time of marriage.
Many cases commonly labeled “annulment” are actually declarations of nullity, especially those based on psychological incapacity or bigamy.
The process is adversarial, involves the State, and often requires substantial evidence and witness testimony.
A final judgment must be properly registered for the parties to validly remarry and to avoid future issues with property and subsequent marriages.
Children’s status, property rights, and support obligations remain protected despite the annulment or nullity, reflecting the law’s focus on family and public policy.

This framework is the backbone of how the Philippine legal system handles the dissolution or recognition of invalid marriages in the absence of a general divorce law.