A legal article in Philippine context (Family Code of the Philippines, Executive Order No. 209, as amended).

I. The Basic Idea: What “Voidable” Means

A voidable marriage is a marriage that is valid and produces legal effects from the beginning, unless and until a court annuls it. In other words, it is defective but not automatically nonexistent. Until a final judgment of annulment is issued, the spouses remain married in the eyes of the law.

This is different from a void marriage, which is void from the start (as if it never existed), though even void marriages generally still require a court declaration of nullity for practical and legal purposes.

Under the Family Code, the exclusive grounds for voidable marriages are found in Article 45. If a situation is not listed there, it is not a voidable ground (though it might be a ground for a void marriage, legal separation, or other remedies).

II. The Exclusive Grounds (Article 45): The “Big Six”

A marriage is voidable on any of these grounds existing at the time of marriage:

Lack of parental consent (Art. 45[1])
Insanity or psychological unsoundness (Art. 45[2])
Fraud (Art. 45[3], in relation to Art. 46)
Force, intimidation, or undue influence (Art. 45[4])
Impotence (Art. 45[5])
Serious and incurable sexually transmissible disease (Art. 45[6])

Each ground has its own rules on who may file, when to file, and whether the defect can be cured (ratified).

III. Ground-by-Ground Discussion

1) Lack of Parental Consent (Art. 45[1])

A. When this applies

This applies when:

A party was 18 or above but below 21 at the time of marriage; and
The marriage was solemnized without the required parental consent.

B. Key points

18 to below 21: parental consent is required.
Below 18: the marriage is generally void, not voidable.
21 and above: parental consent no longer applies.

C. Who may file and prescriptive period (Art. 47)

A petition may be filed by:

The party who lacked parental consent; or
The parent or guardian whose consent was required.

Deadline:

By the parent/guardian: before the child reaches 21.
By the party (the child-spouse): within 5 years after reaching 21.

D. Ratification (curing the defect)

This ground is cured if:

After turning 21, the spouse freely cohabits with the other spouse as husband and wife, because by then, consent is no longer legally required.

2) Insanity (Art. 45[2])

A. When this applies

The marriage is voidable if, at the time of marriage, one party was insane (lacking the capacity to give valid consent).

B. Who may file and prescriptive period (Art. 47)

A petition may be filed by:

The sane spouse (the spouse who was not insane); or
Any relative/guardian of the insane spouse; or
The insane spouse, during a lucid interval.

Deadline:

Generally, any time before the death of either party (subject to the conditions below).

C. Ratification

This ground is cured if:

The insane spouse regains sanity and then freely cohabits with the other spouse.

D. Important distinction (often confused in practice)

Insanity (Art. 45[2]) is a voidable ground.
Psychological incapacity (Art. 36) is treated as a basis for a void marriage (not voidable). They are not interchangeable.

3) Fraud (Art. 45[3]) — limited by Art. 46

A. When this applies

Fraud must be serious enough to vitiate consent and must fall within the specific categories recognized by Article 46. Not every lie or concealment qualifies.

B. What counts as “fraud” (Art. 46)

Fraud refers to:

Non-disclosure of a previous conviction by final judgment of a crime involving moral turpitude;
Concealment by the wife that she was pregnant by another man at the time of marriage;
Concealment of a sexually transmissible disease, regardless of whether it is curable, existing at the time of marriage;
Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at the time of marriage.

C. What does NOT count as fraud (Art. 46)

The Family Code expressly says that the following are not the fraud contemplated:

Misrepresentation as to rank, honor, wealth, or similar social standing matters;
Misrepresentation as to chastity (by itself), and similar circumstances not listed.

D. Who may file and prescriptive period (Art. 47)

Only the injured party (the spouse whose consent was obtained by fraud) may file.

Deadline:

Within 5 years from discovery of the fraud.

E. Ratification

Fraud is cured if:

After discovering the fraud, the injured spouse freely cohabits with the other spouse.

4) Force, Intimidation, or Undue Influence (Art. 45[4])

A. When this applies

The marriage is voidable if consent was obtained through:

Force (physical compulsion),
Intimidation (threat that produces well-grounded fear), or
Undue influence (improper pressure overcoming free will).

The controlling concept is that consent must be free and voluntary.

B. Who may file and prescriptive period (Art. 47)

Only the injured party may file.

Deadline:

Within 5 years from the time the force/intimidation/undue influence ceased.

C. Ratification

This ground is cured if:

After the pressure ends, the injured party freely cohabits with the other spouse.

5) Impotence (Art. 45[5])

A. When this applies

The marriage is voidable if one party was:

Physically incapable of consummating the marriage;
The incapacity existed at the time of marriage; and
The incapacity is continuing and appears incurable.

This is not about refusal, lack of libido, incompatibility, or infertility as such. The focus is the physical inability to perform the sexual act needed for consummation.

B. Who may file and prescriptive period (Art. 47)

The petition may be filed by the other spouse (the spouse not suffering from impotence).

Deadline:

Within 5 years after the marriage.

C. Ratification

In practice, if consummation becomes possible and the spouses freely cohabit, the factual basis for annulment can collapse. The law frames the defect as an incapacity that is continuing and seemingly incurable.

6) Serious and Incurable Sexually Transmissible Disease (Art. 45[6])

A. When this applies

The marriage is voidable if one party had a serious and incurable sexually transmissible disease at the time of marriage.

This ground is separate from:

Fraud based on concealment of an STD (Art. 46[3]), and
The public-health/medical realities of transmission and risk.

B. Who may file and prescriptive period (Art. 47)

The healthy spouse may file.

Deadline:

Within 5 years after the marriage.

C. Ratification

Unlike some other grounds, the statute is strict about the nature of the disease (serious and incurable). Continued cohabitation can raise issues in litigation, but the legal framework centers on whether the disease meets the statutory criteria and existed at marriage.

IV. Who Can File, and When: The Prescription Rules (Article 47)

A quick rule-of-thumb summary:

Lack of parental consent: parent/guardian (before 21), or spouse (within 5 years after 21).
Insanity: sane spouse/relative/guardian/insane spouse during lucid interval (generally before death, subject to ratification).
Fraud: injured spouse only; within 5 years from discovery.
Force/intimidation/undue influence: injured spouse only; within 5 years from cessation.
Impotence: other spouse; within 5 years after marriage.
STD (serious & incurable): healthy spouse; within 5 years after marriage.

Practical note: Because deadlines are strict and fact-dependent, parties typically anchor timelines to specific dates (marriage date, discovery date, date threats ended, etc.) in pleadings and evidence.

V. Ratification: When the Right to Annul Can Be Lost (Article 45/46 logic + Article 47 doctrine)

Voidable marriages are unique because the law allows ratification—meaning the marriage defect can be cured and the right to annul can be waived.

Common ratification pattern:

Once the problem disappears (turning 21; regaining sanity; threats end; fraud discovered), if the injured party still freely cohabits, the law treats the marriage as affirmed.

This is consistent with the idea that a voidable marriage is valid unless annulled, and the law will not reward a party who knowingly affirmed the marital relationship after the ground became known or after the pressure ended.

VI. Procedure and Public Policy Safeguards (Articles 48–49, plus related rules)

Even if spouses agree privately that their marriage is “invalid,” they cannot dissolve it by agreement. For voidable marriages, annulment must be judicial.

A. Prosecutor’s participation (Art. 48)

The law requires the prosecutor or fiscal to appear on behalf of the State to ensure:

There is no collusion between the parties; and
Evidence is not fabricated to obtain an annulment.

B. No judgment on a “stipulation of facts” alone (Art. 48)

Courts must require actual evidence. Annulment cannot rest purely on agreement or admissions.

C. Custody and support during the case (Art. 49)

During the pendency of the annulment case, the court should provide for:

Support of the spouses and common children; and
Custody arrangements for children, guided by their best interests.

VII. Effects of Annulment of Voidable Marriage (Articles 50–54)

Once a voidable marriage is annulled by final judgment, the law addresses property, children, and civil status consequences.

A. Property relations and liquidation (Arts. 50–51)

The court decree (and the parties’ settlement, if any) must address:

Dissolution of the property regime (absolute community or conjugal partnership, as applicable);
Liquidation and partition;
Delivery of presumptive legitimes (in appropriate cases);
Other financial consequences.

B. Recording requirements (Arts. 52–53)

To protect third persons, the judgment and related documents generally must be recorded/registered in proper civil and property registries. Failure to comply can create serious complications, especially for:

Subsequent marriages;
Transfers of property;
Dealings with third parties.

C. Status of children (Art. 54)

Children conceived or born before the judgment of annulment are generally treated as legitimate, because the marriage was valid until annulled. (This is a major practical difference from void marriages, where legitimacy issues can be more contested depending on circumstances and specific Code provisions.)

D. Other civil effects

After annulment:

The parties revert to the status of single (civilly), and may remarry subject to compliance with recording requirements and other legal conditions.
Issues like surnames and benefits can be affected by specific laws and the final decree.

VIII. Common Confusions in Practice

1) “Annulment” vs “Declaration of Nullity”

Annulment applies to voidable marriages (valid until annulled).
Declaration of nullity applies to void marriages (void from the start).

2) Psychological incapacity is not a voidable ground

“Psychological incapacity” under Article 36 is typically litigated as a void marriage theory, not under Article 45’s voidable grounds.

3) Not every lie is “fraud” for annulment

Only the categories in Article 46 qualify as fraud for Article 45(3). Many deceptions that feel “fraudulent” in ordinary life are legally insufficient for annulment.

4) Infertility vs impotence

Infertility (inability to conceive) is not the same as impotence (inability to consummate). Article 45(5) targets impotence.

IX. Practical Litigation Notes (Philippine setting)

While the Family Code provides the substantive grounds, annulment litigation usually turns on:

Evidence quality (medical findings for impotence/STD; credible testimony for force; documents for convictions; etc.);
Timelines (meeting Article 47 deadlines);
Proof of non-ratification (showing there was no free cohabitation after discovery/cessation);
The court’s evaluation of credibility and the State’s interest in protecting marriage.

X. Conclusion

Under the Philippine Family Code, voidable marriages are strictly limited to the six grounds in Article 45. They are valid until annulled, can often be ratified, and are governed by specific prescriptive periods in Article 47. The State participates through the prosecutor to prevent collusion (Article 48), and the law carefully sets out the consequences for children, support, and property (Articles 49–54).

This framework reflects a consistent policy choice: marriage is protected, annulment is an exception, and courts require clear factual and legal bases before severing the marital bond.

This article is for general legal information in the Philippine context and is not a substitute for advice on a specific case (which depends heavily on facts, dates, evidence, and current procedural rules).