Introduction

In the Philippine legal system, marriage is regarded as a special contract of permanent union between a man and a woman, entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution protected by the State. However, not all marriages are valid. Some are considered void from the beginning, meaning they are treated as if they never existed. Declaring a marriage void is a judicial process that nullifies the union ab initio, with retroactive effects on the parties' status, property, and children.

This article provides a comprehensive overview of the grounds for declaring a marriage void under Philippine law, primarily governed by the Family Code of the Philippines (Executive Order No. 209, as amended). It distinguishes void marriages from voidable ones, details each ground with explanations and relevant provisions, discusses procedural aspects, and examines the consequences of such declarations. The focus is exclusively on the Philippine context, drawing from statutory law, jurisprudence, and legal principles.

Legal Basis

The Family Code, enacted in 1987, classifies marriages into valid, void, and voidable. Void marriages are invalid from inception and can be impugned directly or collaterally at any time, even after the death of the parties. This is in contrast to voidable marriages, which are valid until annulled through a court proceeding initiated during the lifetime of the parties.

Key articles in the Family Code relevant to void marriages include:

Article 35: Enumerates specific grounds rendering a marriage void ab initio.
Article 36: Provides for voidness due to psychological incapacity.
Article 40: Requires a judicial declaration of nullity before remarriage.
Articles 39, 52, and 53: Address related issues like prescription, property regimes, and subsequent marriages.

Supreme Court decisions, such as those in Niñal v. Bayadog (G.R. No. 133778, 2000) and Domingo v. Court of Appeals (G.R. No. 104818, 1993), have clarified and expanded these provisions, emphasizing the State's interest in preserving valid marriages while allowing nullification for grave defects.

Distinction Between Void and Voidable Marriages

Before delving into the grounds, it is essential to differentiate void from voidable marriages:

Void Marriages: Invalid from the start; no legal effects except those concerning children (considered legitimate) and property acquired in good faith. They can be challenged by any interested party, including the State, at any time.
Voidable Marriages: Valid until annulled; grounds include lack of parental consent (for ages 18-21), insanity, fraud, force, impotence, or serious sexually transmissible disease. Annulment must be sought within prescribed periods, and only by the injured party.

The grounds discussed below pertain exclusively to void marriages.

Specific Grounds for Declaring a Marriage Void

The Family Code outlines exhaustive grounds for voidness. These are absolute and cannot be ratified or cured by cohabitation or prescription, except in limited cases involving good faith.

1. Absence of Essential or Formal Requisites (Article 35, pars. 1-3; Articles 2-4)

A marriage is void if it lacks any essential or formal requisite under Articles 2 and 3:

Contracted by Parties Below 18 Years of Age (Article 35[1]): Even with parental or guardian consent, marriages involving minors under 18 are void. This protects against child marriages, aligning with Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) and international conventions like the UN Convention on the Rights of the Child, to which the Philippines is a signatory.
Solemnized Without a Valid Marriage License (Article 35[3]; Article 4): A marriage license is mandatory, except in exempted cases such as marriages in articulo mortis (at the point of death), remote places, or among Muslims/Indigenous Peoples under customary laws (Presidential Decree No. 1083). If no license is obtained, or if it's expired or irregular, the marriage is void. However, if the parties cohabited for at least five years before the marriage without legal impediment, a license may be dispensed with under Article 34.
Solemnized by an Unauthorized Person (Article 35[2]; Article 7): Only authorized solemnizing officers—such as judges, priests, rabbis, imams, or mayors—can officiate. If unauthorized, the marriage is void unless both parties believed in good faith that the officer had authority (the "good faith exception"). Jurisprudence in Arañes v. Occiano (A.M. No. MTJ-03-1498, 2003) underscores that mere registration does not validate an unauthorized solemnization.

2. Bigamous or Polygamous Marriages (Article 35[4]; Article 41)

A marriage is void if contracted while a prior marriage subsists, constituting bigamy under Article 349 of the Revised Penal Code, punishable by imprisonment. Exceptions apply if the prior spouse is declared presumptively dead after absence (four years generally, two years in extraordinary circumstances) and a summary proceeding under Article 41 is conducted. If the absent spouse reappears, the subsequent marriage is automatically terminated, but only a court can declare the first marriage's status.

In Mercado v. Tan (G.R. No. 137110, 2000), the Court held that a void bigamous marriage produces no legal effects, and parties cannot claim rights thereunder.

3. Mistake in Identity (Article 35[5])

A marriage is void if contracted through a mistake as to the physical identity of the other party, such as marrying the wrong twin or under false pretense of identity. This does not extend to mistakes in character, fortune, or status, which may fall under fraud for annulment (Article 46).

4. Subsequent Marriages Without Compliance with Recording Requirements (Article 35[6]; Articles 52-53)

If a prior marriage is annulled or declared void, the parties must record the judgment, partition properties, and deliver presumptive legitimes to children before entering a new marriage. Failure renders the subsequent marriage void. This ensures protection of property rights and children's interests, as clarified in Toltentino v. Paras (G.R. No. L-43905, 1985).

5. Incestuous Marriages (Article 37)

Marriages between close blood relatives are void due to genetic and moral concerns:

Between ascendants and descendants of any degree (e.g., parent-child, grandparent-grandchild).
Between full or half-blood siblings.
Between legitimate or illegitimate relatives in the direct line.

This ground is absolute and reflects natural law principles.

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

Certain relationships, though not blood-related, are prohibited:

Between collateral blood relatives (legitimate or illegitimate) up to the fourth civil degree (e.g., first cousins).
Between step-parents and step-children.
Between parents-in-law and children-in-law.
Between adopting parents and adopted children.
Between surviving spouses and killers of the deceased spouse (if convicted).
Between parties where one killed the other's spouse to enable marriage.
Between adopted siblings or adopter and adopted child's spouse.

These prohibitions prevent familial discord and uphold societal morals. Note that marriages between first cousins, while void under the Family Code, may be valid if celebrated abroad by Filipinos under Article 26, subject to exceptions.

7. Psychological Incapacity (Article 36)

A marriage is void if, at the time of celebration, a party was psychologically incapable of complying with essential marital obligations, even if manifested later. This ground, inspired by Canon Law, requires incapacity to be grave, juridical antecedent, and incurable.

Jurisprudence has evolved:

Santos v. Court of Appeals (G.R. No. 112019, 1995): Defined as inability to assume duties due to psychological causes.
Republic v. Molina (G.R. No. 108763, 1997): Established guidelines, including proof by expert testimony, rooted in gravity, antecedence, and incurability.
Tan-Andal v. Andal (G.R. No. 196359, 2021): Relaxed requirements, allowing non-medical evidence and treating it as a legal, not clinical, concept.

Common manifestations include infidelity, abandonment, or personality disorders, but mere incompatibility or irreconcilable differences do not suffice.

Procedure for Declaration of Nullity

To declare a marriage void, a petition must be filed in the Regional Trial Court (Family Court) where either party resides. The process involves:

Filing a Petition: By the aggrieved party, their parent/guardian, or the State (via the Solicitor General in collusion cases).
No Prescription: Void marriages can be challenged anytime (Article 39).
Evidence: Includes certificates, witnesses, and psychological evaluations for Article 36 cases.
Provisional Orders: On child custody, support, and property.
Decision and Appeal: Appealable to the Court of Appeals and Supreme Court.

Under A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity), the prosecutor participates to prevent collusion.

Effects of Declaration of Nullity

Status: Parties revert to single status; no alimony, but support for children.
Children: Legitimate if conceived before the decree (Article 54), with rights to support and inheritance.
Property: Governed by Article 147 (co-ownership if in good faith) or Article 148 (proportional to contributions if in bad faith). Liquidation required.
Remarriage: Allowed only after finality and compliance with Articles 52-53.
Criminal Liability: Possible for bigamy or perjury.

In bad faith cases, the guilty party forfeits property shares and may face civil liabilities.

Conclusion

Declaring a marriage void in the Philippines serves to uphold the sanctity of marriage while providing remedies for fundamentally flawed unions. The grounds are strictly interpreted to balance individual rights with societal interests. Parties contemplating such actions should consult legal counsel, as outcomes depend on evidence and judicial discretion. Reforms, such as proposed divorce laws, may alter this landscape, but currently, nullity remains the primary recourse for irreparable marriages. This framework ensures that only unions meeting legal and moral standards endure, fostering stable families as the bedrock of Philippine society.