1) The Philippine framework: “annulment” vs. “declaration of nullity”

In Philippine practice, people often say “annulment” to mean “ending a marriage.” Legally, however, there are two different court actions, and the correct ground depends on which action applies:

Declaration of Absolute Nullity of Marriage Used when the marriage is void from the beginning (as if it never validly existed).
Annulment of Voidable Marriage Used when the marriage is valid at the start but can be voided because of a defect recognized by law.

A spouse may file either type if they have standing (generally, a party to the marriage; in certain void marriages, other persons specified by law may also sue, but in most spouse-filed cases the petitioner is one of the spouses).

Practical point: Many cases labeled “annulment” are actually declaration of nullity—especially those based on psychological incapacity.

2) Absolute nullity: grounds for declaring a marriage void from the start

These are the principal grounds a spouse commonly files under a petition for declaration of absolute nullity:

A. Lack of essential or formal requisites

A marriage must have essential requisites (legal capacity of the parties; consent freely given in the presence of an authorized solemnizing officer) and formal requisites (authority of solemnizing officer; valid marriage license except in specific exempt cases; marriage ceremony). If key requisites are absent, the marriage can be void.

Common examples:

No marriage license (and no applicable exemption).
No authority of the solemnizing officer (with some nuance: if either or both parties believed in good faith the officer had authority, the effect may differ, but lack of authority can be a nullity ground).
No valid consent in the legal sense (e.g., simulated marriage, or consent absent due to the nature of the “ceremony”).

B. Bigamous or polygamous marriage

A marriage is void if one party had a prior subsisting marriage and the earlier marriage had not been legally terminated (or declared void) at the time of the subsequent marriage.

Nuances:

A subsequent marriage can be treated differently if the prior spouse was absent and presumed dead and the required judicial declaration of presumptive death was obtained before the later marriage.

C. Psychological incapacity (Article 36)

A marriage is void when one or both spouses were psychologically incapacitated to comply with essential marital obligations at the time of marriage, even if the incapacity becomes apparent only later.

Key characteristics (as applied in Philippine jurisprudence):

It must be a serious and clinically or juridically identifiable incapacity, not just immaturity, irresponsibility, or marital conflict.
It must be existing at the time of marriage (rooted in personality structure or history predating the marriage, though symptoms may emerge later).
It must render the spouse truly unable (not merely unwilling) to perform essential obligations (e.g., fidelity, mutual respect, support, living together, care of children).
Expert testimony is common but not absolutely indispensable in every case; the totality of evidence is critical.

D. Incestuous marriages

Void marriages include those between:

Ascendants and descendants (legitimate or illegitimate), and
Brothers and sisters (full or half-blood).

E. Marriages void for reasons of public policy (prohibited relationships)

Certain marriages are void because the relationship is prohibited (e.g., certain relationships by affinity/adoption and other categories specified by law).

F. Void marriages involving age (under 18)

Marriage where a party is below 18 is void.

G. Other void-marriage situations

Depending on facts, other statutory void grounds may apply (e.g., some marriages performed under exceptional circumstances without meeting required conditions).

3) Annulment (voidable marriage): grounds a spouse may file to void a marriage that was initially valid

A voidable marriage is valid until annulled. A spouse may file an annulment based on these statutory grounds:

A. Lack of parental consent (18–21) at the time of marriage

If a party was 18–21 and married without required parental consent, the marriage is voidable.

Who can file and when:

Generally, the underage party (at the time) may file before reaching 21; or the parent/guardian in limited circumstances while the party is still within the age range. If the spouses freely cohabited after the party turned 21, the defect can be considered cured.

B. Insanity or psychological illness amounting to lack of capacity at marriage

If a party was of unsound mind at the time of marriage, the marriage is voidable.

Notes:

Later cohabitation after regaining sanity can bar the action in certain cases.

C. Fraud (as legally defined) that vitiates consent

Fraud must be the kind recognized by law as sufficient to annul a marriage, not merely ordinary deception.

Commonly litigated categories include fraud relating to:

Concealment of a sexually transmissible disease,
Concealment of pregnancy by another man,
Concealment of conviction of a crime involving moral turpitude, and
Other limited frauds that go to essential marital consent (the legal categories are narrower than everyday “fraud”).

Important limitation:

Fraud must be raised within the prescriptive period; and if the injured party freely cohabited with knowledge of the fraud, the ground may be barred.

D. Force, intimidation, or undue influence

If consent was obtained through force or serious intimidation, the marriage is voidable.

Notes:

The action must be filed within the prescriptive period from cessation of the force/intimidation, and continued free cohabitation after it ends can bar the action.

E. Physical incapacity to consummate (impotence)

If one spouse was physically incapable of consummating the marriage and the incapacity appears to be incurable, the marriage is voidable.

Key point:

This is about impotence (capacity to perform sexual intercourse), not simply refusal.

F. Serious and incurable sexually transmissible disease

If one spouse had a serious and incurable STD existing at the time of marriage, the marriage is voidable.

4) Legal separation is different (and not an annulment)

Some spouses file for legal separation when the goal is to live apart and settle property and custody, without dissolving the marriage bond. Legal separation does not allow remarriage and is based on a different set of grounds (e.g., repeated physical violence, drug addiction, etc.). It is frequently confused with annulment/nullity but is a distinct remedy.

5) Who may file and who must be included

A. Standing to sue

Spouse as petitioner: Typically, either spouse may file the appropriate petition depending on the ground.
For certain void marriages, the law also recognizes other potential petitioners (e.g., in some instances, heirs or the State through the prosecutor), but spouse-filed cases remain the norm.

B. The role of the State

In nullity and annulment proceedings:

The Office of the Solicitor General (OSG) represents the State’s interest in protecting marriage and ensuring no collusion.
A public prosecutor participates to prevent collusion and to ensure evidence supports the petition.

6) Where to file and what the case looks like procedurally

A. Venue

Typically filed in the Family Court (a branch of the Regional Trial Court) of the province/city:

Where the petitioner has been residing for the required period, or
Where the respondent resides, depending on the rules and circumstances.

B. Basic flow (typical)

Petition filed with supporting allegations and initial documents.
Summons served on respondent; respondent may file an Answer.
Pre-trial and marking of evidence; referral to mediation for issues allowed by law (custody/property issues may be mediated; the marital status itself is not).
Trial: petitioner presents evidence; respondent may present evidence; prosecutor/OSG participation.
Decision.
Finality and registration of the decree and related documents with the Local Civil Registry and PSA processes.

C. Evidence themes by ground

Psychological incapacity: testimony about premarital history, behavior patterns, inability to perform obligations, corroborating witnesses, records, and often expert psychological evaluation.
No marriage license/authority: civil registry certifications, solemnizing officer authority records, and documentary proof.
Fraud/force: proof of the specific fraud, timing of discovery, and absence of condonation; or proof of intimidation and its cessation.
Impotence/STD: medical testimony and records, with privacy-sensitive handling.

7) Prescriptive periods, bars, and “curing” defects

Prescriptive periods and bars vary by ground and are crucial:

Void marriages (absolute nullity): generally treated as imprescriptible in many contexts, but specific procedural and jurisprudential limitations can apply depending on the issue raised.
Voidable marriages (annulment): specific time limits apply for filing (e.g., limited windows from discovery of fraud or cessation of force), and free cohabitation after knowledge of the defect can bar the petition (condonation/ratification concepts).

Because these rules are highly fact-dependent, correct characterization of the marriage (void vs voidable) often decides whether the case is still actionable.

8) Effects after the court grants the petition

A. Marital status

Nullity: the marriage is treated as void ab initio.
Annulment: the marriage is treated as void from the time of judgment (but legally voided due to an existing defect at the start).

In both, once final and properly registered, the parties regain capacity to remarry, subject to compliance with requirements (including rules on liquidation/partition where applicable).

B. Children

Children’s status depends on the legal characterization and specific facts. The law protects children, and custody/support are decided in the child’s best interests.
In many cases, even if the marriage is void, the law contains protections that prevent children from being unfairly stigmatized or deprived of support and inheritance rights.

C. Property relations

The court typically deals with:

Dissolution and liquidation of the property regime (absolute community or conjugal partnership if applicable),
Determination of exclusive properties,
Partition, presumptions, and reimbursement rules.

For void marriages, property relations may be governed by special rules on unions in fact and good faith/bad faith relationships (and the allocation can differ depending on whether one or both parties acted in good faith).

D. Donations and insurance

Certain donations by reason of marriage may be revoked depending on the ground and the good/bad faith of the parties.
Beneficiary designations in insurance and similar instruments may be affected, depending on governing rules and timing.

E. Use of surname

Post-judgment rules on the use of surnames differ depending on whether the marriage was void or voidable and other factors (e.g., good faith). Administrative and civil registry corrections/annotations follow after registration.

9) Practical realities: what spouses commonly allege (and what courts reject)

Commonly alleged (but not always sufficient on its own)

“Irreconcilable differences,” “no love,” “constant fighting,” “cheating,” “abandonment,” “financial irresponsibility.”

These may support other claims (e.g., custody, support, sometimes corroborating a psychological incapacity narrative), but they are not, by themselves, statutory grounds for nullity/annulment.

Common court rejections

Psychological incapacity pleaded as mere immaturity, refusal, infidelity, or incompatibility without showing true incapacity.
Fraud claims based on matters not recognized by law as fraud sufficient to annul marriage.
Failure to prove absence of a marriage license with competent civil registry evidence.
Petitions that appear collusive or intended solely to obtain a quick dissolution without proof.

10) Intersections with criminal and protective laws

Violence against women and children (VAWC) and related protective remedies may proceed independently from annulment/nullity, and can be relevant to custody, support, and safety orders.
Bigamy can be both a ground for nullity and a criminal exposure in certain circumstances; strategy must account for overlapping civil and criminal risks.

11) Summary: choosing the correct ground

A spouse “filing for annulment” in the Philippines typically falls into one of these:

Declaration of Absolute Nullity Used when the marriage is void from the start (e.g., psychological incapacity, bigamy, incest, under-18 marriage, no license, prohibited relationships, lack of authority/essential requisites).
Annulment of Voidable Marriage Used when the marriage was valid but defective (e.g., lack of parental consent for ages 18–21, fraud as defined by law, force/intimidation, impotence, serious incurable STD, unsound mind at marriage).

Correct classification, prescriptive periods, and proof requirements usually decide the outcome more than the label used in everyday speech.