In the Philippines, where the law does not currently provide for absolute divorce (except for Muslim Filipinos under the Code of Muslim Personal Laws), the primary legal recourse for ending a marriage is through Annulment or a Declaration of Nullity of Marriage. While often used interchangeably in casual conversation, these are distinct legal concepts governed by the Family Code of the Philippines.
1. Annulment vs. Declaration of Nullity
Before diving into the grounds, it is crucial to distinguish between these two legal actions:
- Declaration of Nullity (Article 35, 36, 37, 38): This applies to marriages that were void from the beginning (void ab initio). In the eyes of the law, the marriage never legally existed because it lacked an essential or formal requirement (e.g., absence of a marriage license, bigamous marriages, or psychological incapacity).
- Annulment (Article 45): This applies to voidable marriages. These marriages are considered valid until they are set aside by a court decree. The grounds for annulment generally involve "defects" present at the time of the wedding.
2. Grounds for Declaration of Nullity (Void Marriages)
A marriage is void from the beginning if it falls under any of the following:
Lack of Essential or Formal Requisites
- Absence of legal capacity (parties must be a male and a female, at least 18 years old).
- Absence of a valid marriage license (except in specific exempt cases).
- Lack of authority of the solemnizing officer (unless either or both parties believed in good faith they had authority).
Psychological Incapacity (Article 36)
This is the most frequently cited ground in Philippine courts. It refers to a party's total inability to comply with the essential marital obligations (procreation, living together, mutual love, respect, and fidelity).
- Key Criterion: The incapacity must be characterized by gravity, juridical antecedence (existing at the time of the wedding), and incurability.
Public Policy and Incest
- Incestuous Marriages: Between ascendants and descendants, or brothers and sisters (full or half-blood).
- Against Public Policy: Between collateral blood relatives up to the fourth civil degree (first cousins) or between step-parents and step-children.
3. Grounds for Annulment (Voidable Marriages)
Under Article 45 of the Family Code, a marriage may be annulled for the following reasons existing at the time of the marriage:
- Lack of Parental Consent: If either party was between 18 and 21 years old and the marriage was celebrated without the consent of parents or guardians.
- Insanity: If either party was of unsound mind, unless they freely cohabited after coming to reason.
- Fraud: To be a ground for annulment, fraud is limited to:
- Non-disclosure of a previous conviction of a crime involving moral turpitude.
- Concealment of pregnancy by another man at the time of marriage.
- Concealment of a sexually transmitted disease (STD).
- Concealment of drug addiction, habitual alcoholism, or homosexuality/lesbianism.
- Force, Intimidation, or Undue Influence: If consent was obtained through threats or "shotgun" weddings.
- Physical Incapacity (Impotence): The inability to engage in sexual intercourse, which must be permanent and appear to be incurable.
- Serious and Incurable STD: If one party has a serious and incurable sexually transmitted disease.
4. The Legal Process: Step-by-Step
Filing for a nullity or annulment is a rigorous judicial process that typically takes years to resolve.
| Step | Description |
|---|---|
| 1. Psychological Evaluation | For Article 36 cases, the petitioner usually undergoes evaluation by a clinical psychologist or psychiatrist to prove incapacity. |
| 2. Filing the Petition | The petition is filed in the Regional Trial Court (RTC) of the province or city where the petitioner or respondent has resided for six months. |
| 3. Summons | The court issues a summons to the respondent. If the respondent cannot be located, service by publication may be required. |
| 4. Collusion Investigation | The Public Prosecutor conducts an investigation to ensure the parties did not "fake" the grounds or agree to the annulment (collusion is prohibited). |
| 5. Pre-Trial | The court sets the issues and attempts to see if a settlement on matters like property or custody is possible. |
| 6. Trial | Testimony from the petitioner, witnesses, and experts (psychologists) is presented and cross-examined. |
| 7. Decision | The judge issues a ruling. If granted, the Office of the Solicitor General (OSG) may appeal the decision. |
5. Essential Requirements and Documentation
To initiate the filing, the following documents are typically required:
- PSA Certified Marriage Certificate.
- PSA Certified Birth Certificates of the children (if any).
- Psychological Evaluation Report (if citing psychological incapacity).
- Evidence of Residency (e.g., Barangay Certificate, utility bills).
- Affidavits of witnesses who knew the couple before and during the marriage.
6. Effects of a Decree of Annulment
Once the court issues a Final Decree of Nullity or Annulment:
- Marital Status: The parties are returned to the status of "single" and can legally remarry.
- Children: Children of marriages declared void under Article 36 or annulled under Article 45 are generally considered legitimate.
- Property: The common property is liquidated, partitioned, and distributed. In cases of "bad faith," the guilty party may forfeit their share of the profits.