(Philippine legal context; “annulment” in everyday use often includes both annulment of a voidable marriage and petitions to declare a marriage void from the start.)

1) “Annulment” in Philippine family law: three different cases people confuse

A. Declaration of Absolute Nullity of Marriage (the marriage is void ab initio)

A void marriage is treated as invalid from the beginning, even if it was celebrated with a ceremony. The proper case is a petition for declaration of absolute nullity.

B. Annulment of Voidable Marriage (the marriage is valid until annulled)

A voidable marriage is valid at the start, but the law allows it to be annulled because of a defect at the time of marriage. The proper case is annulment.

C. Legal Separation (marriage remains valid; spouses may live apart)

Legal separation does not allow remarriage. It deals with separation of spouses and property consequences, but the marital bond stays.

Why it matters: The grounds, who can file, deadlines, and effects differ depending on whether the marriage is void, voidable, or simply troubled.

2) Where the rules come from

Key sources include:

The Family Code of the Philippines (Executive Order No. 209, as amended)
Procedural rules under the Supreme Court’s special rule on nullity/annulment cases (A.M. No. 02-11-10-SC and related issuances) by the Supreme Court of the Philippines
Case law interpreting concepts like psychological incapacity
Roles of the Office of the Solicitor General and the public prosecutor in guarding against collusion and protecting the State’s interest in marriage

3) GROUNDS: When the marriage is void (Declaration of Absolute Nullity)

3.1 Void for lack of essential or formal requisites / serious defects

A marriage may Found void when it suffers defects the law treats as fatal (examples commonly discussed under the Family Code’s provisions on void marriages), such as:

One or both parties lacked legal capacity or authority to marry (e.g., no marriage license when one is required, except recognized exceptions like marriage in articulo mortis and certain customary situations).
Bigamous or polygamous marriages (a later marriage while a prior valid marriage still exists and has not been legally ended).
Mistaken identity as to the person married (a very narrow scenario).
Psychological incapacity (commonly litigated): a spouse is psychologically incapacitated to comply with essential marital obligations existing at the time of the celebration, even if it becomes apparent only later.
Incestuous marriages and marriages void by reason of public policy (e.g., certain close relationships by blood or affinity; and other relationships barred by law).

Psychological incapacity is not “mere incompatibility.” Courts generally look for a serious, clinically or behaviorally demonstrable incapacity—not simply refusal, immaturity, infidelity, or conflict—though patterns of behavior can be relevant when they show an inability (not just unwillingness) to perform essential marital obligations.

3.2 Void due to prohibited relationships

Common examples:

Incestuous marriages (e.g., between ascendants and descendants; between siblings, whether full or half-blood).
Marriages barred by public policy (e.g., certain relationships by affinity, adoption-related prohibitions, etc.).

3.3 Effects if declared void

Remarriage becomes possible only after the final decision and issuance/registration of the decree (details below).
Property relations are resolved under rules on co-ownership and related provisions; good faith/bad faith can affect shares and forfeitures.
Children: A critical distinction:
- Children of void marriages are often treated under rules on legitimacy/illegitimacy depending on the specific ground and applicable provisions (some scenarios, like void due to psychological incapacity or void for lack of license, typically result in illegitimate status, with important exceptions in law and jurisprudence; specific classification can be fact-sensitive).
Surname: The wife’s right to use the husband’s surname is not the same as in voidable cases; effects depend on the basis and on civil registry corrections.

4) GROUNDS: When the marriage is voidable (Annulment)

A voidable marriage is valid until a court annuls it. Common statutory grounds include:

4.1 Lack of parental consent (for certain ages at the time of marriage)

If a party was of an age where parental consent was required and it was absent, the marriage may be voidable.

Deadline to file: The law sets time limits that generally run from attaining the age of majority or from the cessation of the vitiating circumstance. (Exact reckoning depends on the particular ground and facts.)

4.2 Unsound mind

If a party was of unsound mind at the time of marriage (unless after regaining sanity, the party freely cohabited with the other), the marriage may be voidable.

4.3 Fraud

Fraud must be of the kind the law recognizes as vitiating consent to marriage (not every lie qualifies). Traditional examples discussed in cases and commentaries include deception as to pregnancy by another, concealment of a sexually transmissible disease, or other frauds the law treats as material to marital consent—subject to the Family Code’s specific limits.

Important: Fraud generally does not include misrepresentations about character, habits, wealth, or social standing.

4.4 Force, intimidation, or undue influence

Consent must be free. If consent was obtained through force or serious intimidation, the marriage may be voidable—provided the coerced party did not later freely cohabit after the force ceased.

4.5 Impotence / physical incapacity to consummate

The marriage may be voidable if one party was physically incapable of consummating the marriage and the incapacity is incurable. This is distinct from refusal.

4.6 Serious and incurable sexually transmissible disease

A marriage may be voidable if one party had a serious and incurable sexually transmissible disease unknown to the other at the time of marriage (as framed in the Family Code).

4.7 Effects if annulled

The marriage is treated as valid until annulled.
Children conceived or born before the judgment are generally treated as legitimate.
Property relations are dissolved and liquidated under the applicable property regime rules; good/bad faith may matter in some contexts.
Surname: The wife may have rules on the continued use/reversion of surname subject to law and civil registry implementation.

5) Who may file (standing) and who must be included

For void marriages (nullity):

Typically either spouse may file; the State participates through the prosecutor and the Office of the Solicitor General.
Certain actions may involve heirs or interested parties in limited contexts, but the usual posture is a spouse-initiated petition.

For voidable marriages (annulment):

Only specified persons may file depending on the ground (e.g., the underage party, parent/guardian in some cases; the injured party for fraud/force; the sane spouse or relatives/guardian for unsound mind under certain conditions).
The “injured” party generally must file within the prescriptive period, and ratification (like free cohabitation after learning the fraud or after intimidation ends) can bar the action.

6) Where to file (venue) and what court hears it

Filed in the Family Court (a designated Regional Trial Court branch) in the proper venue under the procedural rules—commonly based on residence requirements and ensuring the petition is filed where jurisdiction and venue rules place it.

7) The PROCESS: Step-by-step in a typical nullity/annulment case

Step 1: Preparation of the petition and evidence planning

A petition is verified and includes:

Facts of the marriage (date/place, parties, children)
Specific ground(s) invoked and supporting facts
Requested reliefs: custody, support, property division, use of surname, damages (where allowed), correction of civil registry entries, etc.

Evidence planning is crucial, especially for:

Psychological incapacity (records, witness narratives, expert evaluation if available, history showing gravity/incurability rooted at marriage time)
Fraud/force (credible, corroborated testimony; documents)
No license / bigamy / prohibited relationship (civil registry docs, CENOMAR/CEMAR, prior marriage records, etc.)

Step 2: Filing and raffling; issuance of summons

The petition is filed; the case is raffled to the proper branch; summons is served.

Step 3: Mandatory participation of the prosecutor; collusion prevention

The public prosecutor appears to:

Ensure there is no collusion between spouses (e.g., a staged case to obtain an easy judgment)
Ensure evidence is not fabricated or suppressed

Step 4: Pre-trial and issues-setting

The court conducts pre-trial to:

Define issues
Mark evidence
Address provisional matters (custody, support, protection of assets)

Step 5: Trial (presentation of evidence)

Typical witnesses:

Petitioner
Corroborating witnesses (family/friends with personal knowledge)
Document custodians (civil registry)
Experts (common in psychological incapacity cases, though outcomes depend on the totality of evidence)

Note: Courts generally prefer clear, specific, credible facts over generic conclusions.

Step 6: Decision

If the ground is proven, the court grants:

Declaration of nullity (void marriage) or
Decree of annulment (voidable marriage)

Step 7: Finality, issuance of decree, and civil registry registration

A decision is not the end of the story. There are additional steps:

After finality, the court issues the decree (and related orders)
The decree and decision must be registered with the Local Civil Registrar and relevant registries
Only after proper finality and registration can parties safely rely on status for remarriage and record corrections

8) Time, cost, and timeline realities (non-numerical but practical)

Philippine nullity/annulment litigation is often:

Document-heavy and witness-dependent
Vulnerable to delays (service issues, crowded dockets, continuances, expert schedules, OSG/prosecutor involvement)

9) Key collateral issues the court often decides

9.1 Child custody and parental authority

The court applies the best interests of the child standard.
Custody presumptions for very young children may apply, subject to exceptions (e.g., unfitness).

9.2 Child and spousal support

Support is based on need and capacity to give.
The court can issue provisional support orders while the case is pending.

9.3 Property relations and liquidation

What happens depends on the couple’s property regime (e.g., absolute community, conjugal partnership, or separation of property by agreement) and whether the marriage is void or voidable.

9.4 Damages and attorney’s fees

Not automatic; must have legal basis and proof.

9.5 Use of surname and civil registry corrections

Court orders and registry implementation matter; these are not purely “automatic” changes.

10) Special situations commonly confused with annulment

10.1 Recognition of foreign divorce (limited but important)

Philippine law can recognize a foreign divorce obtained abroad by the foreign spouse, allowing the Filipino spouse to remarry (subject to proof and a proper court case for recognition and civil registry correction). This is separate from annulment/nullity.

10.2 Muslim divorce

Muslim Filipinos may have divorce under the Code of Muslim Personal Laws (separate system and grounds).

10.3 Nullity as a defense vs. required judicial declaration

As a rule, remarriage and civil status corrections require a judicial declaration and proper registration; parties should not self-declare nullity.

11) Practical “proof themes” by ground (what usually matters most)

Psychological incapacity

Courts tend to look for:

Gravity: serious incapacity, not trivial marital friction
Juridical antecedence: rooted in the person at or before marriage
Incurability: not easily correctable by ordinary effort (often shown by persistence and depth)
Link to essential marital obligations (fidelity, support, mutual respect, cohabitation, management of household, child-rearing, etc.)

Fraud / force / intimidation

Specific misrepresentation or coercion
Timing (at consent)
Lack of ratification (no free cohabitation after discovery/cessation)

Impotence / STD ground

Medical evidence often carries significant weight
“Incurable” and “serious” are not assumed; they must be established

Lack of license / bigamy / prohibited relationship

Official civil registry documents, authenticity, and completeness are central
For bigamy-related scenarios, the status of the prior marriage (and whether it was legally ended or declared void with the required decree and registration) is decisive

12) Remarriage: the common pitfall

Remarriage is safest only after:

A final judgment, and
Issuance of the decree, and
Registration with the civil registry (and other required registries, as applicable)

Failing to complete post-judgment requirements can create serious criminal and civil consequences.

13) One-sentence roadmap

Identify whether the marriage is void or voidable → 2) choose the correct legal ground(s) and check standing/prescription/ratification → 3) file a verified petition in the proper Family Court → 4) prosecute the case with credible witnesses and documents under prosecutor/OSG oversight → 5) obtain a final judgment and properly issue/register the decree → 6) implement property, custody, support, and civil registry orders.

14) Quick glossary (Philippine usage)

Void ab initio: invalid from the beginning
Voidable: valid until annulled
CENOMAR/CEMAR: civil registry certificates commonly used to prove marital status/records
Decree: post-finality document implementing the judgment and enabling registry annotation
Collusion: secret agreement to fake a case to obtain a decree