(Philippine civil law context; discussion is for general information and not legal advice.)

1) “Annulment” in Philippine law: what people usually mean

In everyday usage, “annulment” is often used as an umbrella term for two different court actions under the Family Code of the Philippines:

Declaration of Absolute Nullity of Marriage (for void marriages)

The marriage is treated as void from the beginning (as if it never validly existed).

Annulment of Voidable Marriage (for voidable marriages)

The marriage is considered valid until annulled by a final court judgment.

These are governed procedurally by A.M. No. 02-11-10-SC (the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages), applied in Family Courts (typically RTC branches designated as such).

Important: The Philippines does not have “divorce” for most marriages (with limited exceptions such as Muslim personal laws and certain cases involving foreign divorces). So civil “annulment/nullity” remains the main route to end a marriage bond for most Filipinos.

2) Grounds: Void marriages (Declaration of Nullity)

A void marriage generally produces no valid marital bond from the start. Common grounds include:

A. Lack of essential requisites (Family Code, Arts. 2–4; Art. 35)

A marriage may be void if an essential requirement is missing, such as:

No legal capacity of one or both parties (e.g., one party was under 18).
No valid consent (consent not freely given, or the person could not legally consent).

B. Defects in formal requisites that make the marriage void

Examples (often litigated):

No marriage license, unless the couple falls under an exception (e.g., certain long cohabitation situations, among others, under the Family Code).
Solemnizing officer lacked authority, and the parties did not have good faith reliance as recognized by law.

C. Bigamous or polygamous marriages (Family Code, Art. 35)

If either spouse had a prior existing marriage that was not yet legally ended or declared void at the time of the later marriage.

D. Mistake as to identity (Family Code, Art. 35)

Consent was given to marry a person believing they were someone else (rare in modern cases, but still a statutory ground).

E. Marriages prohibited by law (incestuous / void by public policy)

Examples include:

Incestuous marriages (close blood relations)
Void marriages for reasons of public policy (certain step-relations, adoptive relations, etc., as specified by the Family Code)

F. Psychological incapacity (Family Code, Art. 36)

This is one of the most commonly invoked grounds. In brief:

Psychological incapacity refers to a serious inability to assume essential marital obligations, existing at the time of marriage, though it may become apparent only later.
Courts look for a grave, enduring, and juridically relevant incapacity—not just immaturity, refusal to work, ordinary marital conflict, infidelity by itself, or “irreconcilable differences.”
Expert testimony can help, but cases recognize that the incapacity may be proven by the totality of evidence (testimony of parties, relatives, documents, history of conduct, etc.).

G. Void marriages due to sexually transmissible disease (Family Code, Art. 45/46 context is often discussed, but note)

HIV/STD issues more commonly appear as fraud in voidable marriages (see below). For voidness, the analysis depends on the specific legal category invoked. Most cases involving concealment are pleaded under voidable grounds.

3) Grounds: Voidable marriages (Annulment proper)

A voidable marriage is valid unless and until annulled. Grounds typically include:

A. Lack of parental consent (Family Code, Art. 45)

If a party was 18–21 at marriage and married without required parental consent.
This ground is subject to prescriptive periods and may be barred by continued cohabitation after reaching the required age.

B. Unsound mind

If one party was of unsound mind at the time of marriage.
Ratification/continued cohabitation after regaining soundness can bar the action.

C. Fraud (Family Code, Art. 45; Art. 46 describes forms of fraud)

Fraud must be of the type recognized by law (not just “I was deceived generally”). Examples often discussed include concealment of:

Pregnancy by another man
A sexually transmissible disease (serious and legally relevant in the statutory sense)
Conviction of a crime involving moral turpitude
Drug addiction, habitual alcoholism, homosexuality/lesbianism (listed in older statutory language and jurisprudence; courts evaluate based on legal relevance and evidence)

Not every lie counts. Fraud must go to a matter the law treats as essential to marital consent.

D. Force, intimidation, or undue influence

Consent was obtained through coercion.
Continuing to live together freely after the force ends can bar the action.

E. Impotence (physical incapacity to consummate)

If one spouse was incurably impotent existing at the time of marriage.

F. Serious and incurable sexually transmissible disease

If one spouse had a serious and incurable STD and the condition meets legal criteria relevant to annulment actions.

4) Prescription and who may file

Some grounds (especially in voidable marriages) must be filed within specific time limits and by specific persons (e.g., the injured spouse, parent/guardian in limited situations). Void marriages generally are not barred the same way, but practical and evidentiary issues can arise with delay.

Because filing rules can be outcome-determinative, the “who can file” and “by when” questions should be reviewed carefully with counsel.

5) Where to file (jurisdiction and venue)

Filed in the Family Court (RTC) with jurisdiction over family cases.
Venue is commonly based on where the petitioner has been residing for a required period (often at least 6 months) or where the respondent resides, under the rules.

6) Step-by-step process (civil court)

While timelines vary by court congestion and complexity, the flow usually looks like this:

Step 1: Case assessment and evidence-building

Typical documents and proof:

PSA marriage certificate / local civil registry copies
IDs, proof of residency
Birth certificates of children
Evidence relevant to the ground (messages, medical/psych records where appropriate, affidavits of witnesses, proof of prior marriage, etc.)
For psychological incapacity: narrative history, witness testimony, and often a psychological evaluation/report (not always legally mandatory, but commonly used)

Step 2: Drafting and filing the Petition

The petition states:

Parties’ details and jurisdictional facts
The marriage details
The specific legal ground(s) and supporting facts
Requests on custody, support, property, use of surname, damages (if applicable), and other relief

Step 3: Raffle and issuance of summons

Court raffles the case to a branch, then issues summons to the respondent.

Step 4: Prosecutor’s participation and “no collusion” safeguard

The rules require State participation to ensure no collusion between spouses.
The public prosecutor may conduct an investigation and participate in proceedings.

Step 5: Pre-trial

Issues are defined, witnesses listed, stipulations and admissions explored, and settlement on incidental matters (support, custody schedules) may be tackled—though the marital status itself is not “settled” by agreement.

Step 6: Trial / presentation of evidence

Petitioner presents testimony and documentary evidence.
Respondent may contest and present counter-evidence, or may choose not to actively participate (but the petitioner still must prove the case).
Courts scrutinize credibility closely, especially for psychological incapacity claims.

Step 7: Decision

If granted, the court declares the marriage void (nullity) or annuls it (voidable).
The decision usually addresses: custody, support, property regime, and related orders.

Step 8: Finality, registration, and compliance (crucial)

A judgment affecting civil status must be:

Final and executory, and
Registered with the Local Civil Registry and the PSA (as applicable)

For property relations, the Family Code contemplates liquidation, partition, and distribution, and recording requirements—often handled through additional proceedings/documents.

Practical warning: Remarrying without a final judgment and proper registration can expose a person to bigamy risk and other complications.

7) Effects of a decree: children, property, surname, and support

A. Children

Children conceived/born in a marriage later declared void may be treated differently depending on the legal ground and the concept of legitimacy/legitimation under Philippine law.
Courts also decide custody (guided strongly by the child’s best interests), support, and visitation.

B. Property relations

Outcomes depend on:

The applicable property regime (absolute community, conjugal partnership, or separation), and
Whether parties acted in good faith, and
The ground for nullity/annulment

Courts often require steps for liquidation and distribution and protection of children’s presumptive legitimes.

C. Surname

A spouse’s continued use of the other spouse’s surname after annulment/nullity depends on the circumstances and orders of the court, and the applicable civil registry rules.

D. Support

Child support remains a continuing obligation.
Spousal support depends on circumstances, legal basis, and court findings.

8) Common misconceptions that derail cases

“Mutual agreement” is enough. It isn’t. You must prove a legal ground with evidence.
Infidelity automatically means annulment. Cheating may support certain narratives, but it is not itself a standalone statutory ground for void/nullity; it often relates more to legal separation or to evidentiary context.
Any psychological diagnosis guarantees Article 36. Courts look for a juridically relevant incapacity to assume essential marital obligations, not simply a clinical label.
Church annulment = civil annulment. They are separate. A church declaration affects religious status; only a civil judgment changes civil status.

9) Practical tips (Philippine setting)

Choose the correct cause of action (void vs voidable) early; the remedy and proof differ.
Document your timeline: courtship, marriage, early marital period, emergence of issues, attempts to reconcile, and current separation.
Line up credible witnesses who can testify to long-term patterns (family members, close friends, co-workers).
For Article 36 cases, focus on functional incapacity (inability to perform essential obligations) supported by consistent life history and behavior patterns, not just conclusions.

10) Quick reference: which case fits which situation?

No marriage license / bigamy / incest / public policy prohibited / underage → usually Declaration of Nullity
Fraud / force / lack of parental consent (18–21) / impotence / serious STD → usually Annulment (voidable)
“He/she never acted like a spouse, chronically incapable of marital obligations” → often pleaded as Article 36 Nullity, but must meet strict legal standards

If you want, tell me the fact pattern in 10–15 bullet points (timeline, key behaviors, children/property situation), and I can map it to the most likely legal ground(s), the typical evidence set, and the procedural path—still staying in general-information mode.