A Philippine legal guide to what “annulment” covers, the recognized grounds, evidence, procedure, effects, and common misconceptions

In everyday conversation, Filipinos use “annulment” as a catch-all term for ending a marriage. Legally, Philippine family law separates cases into distinct remedies with different grounds and consequences:

Declaration of Nullity of Marriage — the marriage is void from the beginning (as if it never legally existed).
Annulment (of a voidable marriage) — the marriage is valid at the start but can be set aside due to specific defects present at the time of marriage.
Legal Separation — spouses may live apart, but the marriage remains valid and neither can remarry.
Recognition of Foreign Divorce — available in limited cross-national situations (discussed below), with court recognition required.

This article focuses on grounds for annulment and nullity—the legal bases that allow Philippine courts to declare a marriage void or voidable.

1) The governing law and court

Primary laws

Family Code of the Philippines (Executive Order No. 209, as amended) — the core statute on marriage, nullity, and annulment.
Rules of Court / procedural rules on family cases — govern how petitions are filed and tried.
Related rules on evidence, psychological evaluation, and participation of the Office of the Solicitor General (OSG) in appropriate cases.

Where filed

Petitions are filed in the Family Court (a branch of the Regional Trial Court designated as a Family Court) of the proper venue (generally where the petitioner has been residing for the required period, or where the respondent resides).

2) Quick map: void vs voidable marriages

Void marriages (nullity)

A void marriage is invalid from the start. You file a Petition for Declaration of Absolute Nullity of Marriage. The most common “annulment” ground people mean in practice is actually psychological incapacity, which is a nullity ground.

Voidable marriages (annulment proper)

A voidable marriage is valid until annulled. You file a Petition for Annulment of Marriage based on specific grounds enumerated by law.

3) Grounds to declare a marriage void (Declaration of Nullity)

These are not technically “annulment,” but they are the most commonly used remedies in the Philippines.

A. Lack of essential or formal requisites (void marriages)

A marriage may be void when essential requirements are absent, including:

One or both parties had no legal capacity to marry
- Existing marriage (bigamy) generally renders a later marriage void.
- Exceptions may exist where the prior marriage is void or presumptively dead spouse rules apply, but these are fact-specific.
Absence of a valid marriage license
- A marriage generally requires a valid license, except for specific legal exceptions (like certain marriages in articulo mortis, marriages among Muslims under special laws, and other Family Code exceptions).
Absence of authority of the solemnizing officer
- If the person who performed the ceremony had no legal authority, the marriage can be void, subject to limited good-faith exceptions recognized in some situations.
No valid consent
- A marriage requires free and voluntary consent. Where “consent” is legally absent (e.g., due to lack of essential capacity), nullity may apply, though specific scenarios are often analyzed under the voidable grounds (force/intimidation) or under incapacity.

B. Void for being against public policy

Examples include:

Incestuous marriages (between ascendants/descendants, siblings, etc.).
Marriages prohibited for reasons of public policy (certain degrees of relationship by affinity or adoption), as defined by the Family Code.

C. Psychological incapacity (Family Code concept; nullity)

Psychological incapacity to comply with essential marital obligations is a major nullity ground. It is frequently misunderstood as simply “mental illness” or “incompatibility.” Legally, it is a serious psychological condition existing at the time of marriage that makes a spouse truly unable (not merely unwilling) to perform essential marital duties.

Key points commonly associated with this ground in Philippine jurisprudence:

The incapacity must be rooted in causes existing at the time of marriage, even if it becomes apparent only later.
It must be grave, making compliance with marital obligations practically impossible, not just difficult.
It is often supported by expert testimony (psychologists/psychiatrists), but the court ultimately decides.
“Irreconcilable differences,” “constant quarrels,” “infidelity,” or “immaturity” by themselves are usually not enough unless linked to a qualifying psychological incapacity.

D. Subsequent marriages where prior marriage is void / presumptive death issues

Some cases involve complex interactions between:

Bigamy,
presumptive death,
and whether the first marriage was void or voidable.

These matters are highly technical; the key practical takeaway is that a second marriage entered into while the first is valid is generally void, and it can also expose a party to criminal liability for bigamy unless the legal requisites for presumptive death (and related procedures) were complied with.

4) Grounds for annulment proper (Voidable marriages)

Under the Family Code, a marriage is voidable (and therefore subject to annulment) if at the time of marriage any of the following existed. A voidable marriage is valid until the court annuls it.

Ground 1: Lack of parental consent (ages 18–21)

If a party was 18 or above but below 21 and married without the required parental consent, the marriage is voidable.

Who can file / time limit (prescriptive periods matter):

Generally, the parent/guardian can file before the child reaches 21, or the under-21 spouse can file before reaching 21 or within a limited period depending on the facts.
Ratification can occur if the spouses freely cohabit after reaching 21, which may bar annulment.

Ground 2: Unsound mind

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

Notes:

The law distinguishes between genuine inability to understand the nature of marriage and other mental conditions.
If the party afterward freely cohabits as spouses after regaining capacity, that can be treated as ratification.

Ground 3: Fraud

Marriage obtained through fraud is voidable, but only specific kinds of fraud are legally recognized. Not every lie counts.

Recognized examples often include:

Concealment of pregnancy by another man at the time of marriage
Concealment of a sexually transmissible disease (serious nature)
Concealment of conviction of a crime involving moral turpitude (depending on the circumstances and interpretation)
Other frauds recognized by the Family Code or jurisprudence as materially affecting consent

Not typically considered “fraud” for annulment:

Lies about wealth, social status, education, habits, being “nice,” promises to change, ordinary infidelity after marriage, or similar deceptions not recognized by law.

Time limit: The action generally must be filed within five (5) years from discovery of the fraud.

Ground 4: Force, intimidation, or undue influence

If consent was obtained through force or intimidation (or undue influence), the marriage is voidable.

Time limit: Typically must be filed within five (5) years from the time the force/intimidation ceased.

Ground 5: Physical incapacity to consummate (impotence)

If either party was physically incapable of consummating the marriage with the other, and the incapacity:

existed at the time of marriage, and
appears to be permanent and incurable, the marriage is voidable.

Important distinctions:

The issue is capacity to consummate, not fertility. Sterility alone is not the same as impotence.
Evidence often involves medical testimony (handled with sensitivity and privacy protections).

Time limit: Typically must be filed within five (5) years after the marriage.

Ground 6: Serious and incurable sexually transmissible disease

If either party had a serious and incurable sexually transmissible disease existing at the time of marriage, the marriage is voidable.

Time limit: Typically within five (5) years after the marriage.

5) Prescriptive periods, standing, and “ratification”

Many petitions fail not because the ground is weak, but because the law imposes strict rules on who may file and when.

A. Who may file

Depending on the ground, only particular persons may file:

the affected spouse,
a parent/guardian (for lack of parental consent),
in some cases, a legal representative.

B. Time bars (prescription)

Voidable marriages have prescriptive periods (commonly five years for many grounds; special rules for parental consent and insanity). Missing the deadline can defeat the case even if the facts are compelling.

C. Ratification (loss of the right to annul)

Certain conduct after the defect ends can “ratify” the marriage:

Free cohabitation after reaching 21 (parental consent cases)
Free cohabitation after regaining sanity (unsound mind cases)
Continued cohabitation after discovering fraud (often argued as ratification)
Living together after intimidation ceases (force/intimidation cases)

Ratification is fact-driven and often litigated.

6) Psychological incapacity vs. “annulment” grounds (why people confuse them)

Many Filipinos say “annulment” when they mean “psychological incapacity.” Legally:

Psychological incapacity → nullity, not annulment.
It is often used because it does not have the same short prescriptive periods as voidable grounds, and because many modern marital breakdown stories don’t neatly fit the narrow voidable categories (fraud, force, impotence, STD, etc.).

Courts typically look for:

a pattern of behavior showing inability to perform marital obligations,
evidence of root causes (family history, personality structure, long-term traits),
and linkage to essential marital duties (fidelity, respect, support, living together, making decisions jointly, caring for family).

7) Procedure overview (what a typical case involves)

While details vary per court and facts, a typical petition involves:

Consultation and case assessment Determine whether facts fit a statutory ground and whether the action is timely.
Filing the petition in Family Court Includes jurisdictional facts, marriage details, children, property, and the alleged ground(s).
Service of summons to the respondent The respondent may answer and oppose, or may default.
Pre-trial Issues are defined, possible stipulations, evidence plans.
Trial / presentation of evidence Witnesses, documentary evidence, and often expert testimony (especially in psychological incapacity).
Participation of the prosecutor (and OSG involvement in some settings) The State has an interest in marriage and may appear to ensure there is no collusion.
Decision The court grants or denies nullity/annulment. If granted, the decision becomes final subject to procedural rules.
Registration and effects A decree and civil registry annotations are required to reflect the status officially.

8) Evidence: what usually matters

Courts decide based on credible, relevant, and sufficient evidence. Common evidence includes:

For voidable grounds

Fraud: documents, messages, testimony proving recognized fraud and time of discovery
Force/intimidation: sworn testimony, contemporaneous reports, witnesses, threats, circumstances
Unsound mind: medical records, expert testimony, lay testimony on inability to understand
Impotence/STD: medical findings and expert testimony (handled confidentially)
Parental consent: age proof, lack of consent documentation, parental testimony

For psychological incapacity

petitioner’s testimony on marital history and patterns
testimony of relatives/friends who witnessed behavior
expert psychological evaluation and explanation of root cause and gravity
documents showing patterns: police reports, medical records, messages, proof of abandonment, repeated infidelity tied to incapacity, etc.

9) Effects of annulment/nullity

A. Status of the spouses

Nullity: marriage treated as void ab initio; parties become free to remarry after finality and proper registration, subject to legal requirements.
Annulment: marriage is valid until annulled; after finality and registration, parties become free to remarry.

B. Children

A major concern is legitimacy. General principles:

Children conceived or born in a valid or voidable marriage are generally considered legitimate.
For void marriages, legitimacy can depend on specific legal rules (including putative marriage doctrines and statutory provisions). Courts are careful about protecting children’s status and rights.

C. Property relations

The property regime depends on whether the marriage was void or voidable and whether the parties acted in good faith. Key concepts include:

Absolute community / conjugal partnership rules for valid marriages
For void marriages: often handled under rules on co-ownership and property relations in void unions
Forfeiture may apply against a spouse in bad faith in certain situations.

D. Support and custody

Even where a marriage is void/annulled, issues of:

child custody,
visitation,
child support,
and sometimes spousal support (as allowed by law) are addressed under the best interests of the child and applicable Family Code provisions.

10) Annulment/nullity vs. legal separation (and why choice matters)

Legal separation requires its own grounds (e.g., repeated violence, infidelity, abandonment, etc.) and does not allow remarriage.
Nullity/annulment allows remarriage after finality and proper civil registry steps.

Sometimes, facts that strongly support legal separation do not neatly fit annulment/voidable grounds, which is why psychological incapacity is often pleaded where appropriate.

11) Common misconceptions

“Annulment is automatic if we’re separated for years.” No. Separation by itself is not a ground for nullity or annulment.
“Cheating is a ground for annulment.” Infidelity is generally a ground for legal separation, not automatically for annulment/nullity—unless it is evidence supporting another ground (e.g., psychological incapacity in some cases).
“Abuse is a ground for annulment.” Abuse is commonly a ground for legal separation and for protective remedies; it may also be evidence relevant to psychological incapacity depending on the case theory.
“You can annul by mutual agreement.” No. The State is a party in interest; courts require proof of a legal ground and guard against collusion.
“Any lie before marriage is fraud.” Only specific legal frauds qualify.
“Lack of love/incompatibility is psychological incapacity.” Not automatically. Psychological incapacity is a legal standard requiring more than ordinary marital conflict.

12) Practical guide: choosing the correct legal theory

A simplified decision aid:

No license / prohibited marriage / bigamy / incest / authority issues → usually nullity
Psychological incapacity → nullity
18–20 without parental consent → annulment (voidable)
Unsound mind at marriage → annulment
Recognized fraud → annulment
Force/intimidation → annulment
Impotence (permanent/incurable) or serious incurable STD → annulment
Domestic violence / abandonment / infidelity but no void/voidable defect → consider legal separation and/or protective remedies; may or may not overlap with psychological incapacity depending on facts.

13) Special note: foreign divorce and Filipinos

As a rule, Philippine law does not generally allow divorce between two Filipino citizens married to each other. However, where a marriage has a foreign element (e.g., one spouse is a foreign citizen, or becomes one later), Philippine law recognizes certain scenarios where a foreign divorce can be judicially recognized in the Philippines, enabling the Filipino spouse to remarry—subject to strict requirements and a separate court process. This is not “annulment,” but it is an important related remedy for mixed-nationality marriages.

14) What “all there is to know” boils down to

Identify whether the marriage is void (nullity) or voidable (annulment).
Confirm you have a statutory ground and that you can prove the required elements.
Check standing (who can file) and prescriptive periods (deadlines).
Prepare evidence—especially for psychological incapacity, where courts scrutinize the severity and roots of the condition.
Understand the consequences on children, property, and the ability to remarry, which differ by remedy.