Grounds to Nullify a Marriage in the Philippines

A comprehensive legal guide under the Family Code and related jurisprudence

1. Nullity vs. Annulment: Why the Distinction Matters

Under Philippine law a marriage may be (a) void ab initio—ineffective from the very beginning, so a “declaration of nullity” is required; or (b) voidable—valid until a court annuls it. Only void marriages are properly the subject of a petition for declaration of absolute nullity. Key consequences:

Point	Void Marriage	Voidable Marriage
Status of spouses	They were never husband and wife in the eyes of the law	Considered married until annulled
Action prescribes?	No. Imprescriptible	Prescribes: generally 5 years from cause
Standing to sue	Either spouse, heirs, or the State through the Office of the Solicitor General (OSG)	Only the party whose consent was vitiated
Property regime	No conjugal partnership ever arises; each keeps what he/she owns, but Art. 147/148 rules on co-ownership may apply	Conjugal partnership exists until decree becomes final
Legitimacy of children	Generally illegitimate (Art. 165), except those legitimated by subsequent valid marriage or under R.A. 9858 (cohabitation w/o license)	Children conceived before annulment are legitimate

2. Enumerated Grounds for Void (Null) Marriages

All grounds are found in Articles 35, 36, 37, 38, 40, 41, 44 & 53 of the Family Code of the Philippines (Executive Order 209, as amended).

2.1 Article 35 – Other Void Marriages

Underage marriage – One or both parties below 18.
Lack of authority to solemnize – Celebrant had no legal authority and the parties were not in good faith.
Absence of a marriage license – Except those expressly exempt (Arts. 27–34).
Bigamous or polygamous – A prior valid marriage exists (unless already void and so declared; see Art. 40).
Mistake as to the identity of a spouse.
Subsequent marriages void for non-recording under Art. 53 – Where a previous annulment/void judgment or partition of property was not duly recorded.

2.2 Article 36 – Psychological Incapacity

A grave, antecedent, and incurable incapacity to perform the essential marital obligations, existing at the time of celebration.

Landmark cases: Santos v. CA (1995) introduced the doctrine; Republic v. Molina (1997) set the “Molina guidelines”; Marcos v. Marcos (2000) relaxed medical proof; Tan-Andal v. Andal (G.R. 196359, 11 May 2021) definitively discarded Molina’s “juridical antecedence” test and held that expert testimony is helpful but not indispensable.
It need not be a clinical personality disorder; totality of evidence suffices.
Both petitioners and respondents may invoke it; the State (through OSG) is always a mandatory party to guard against collusion.

2.3 Article 37 – Incestuous Marriages (void per se)

Ascendant & descendant (lineal)
Brothers & sisters, whether full or half-blood

2.4 Article 38 – Marriages Void for Public Policy

Between:

Collateral relatives within the 4th civil degree (e.g., first cousins)
Step-parents & step-children
Parents-in-law & children-in-law
Adoptive parent & adopted child
Surviving spouse of adoptive parent & adopted child, and vice-versa
“Spouses” who acted as adulterers with each other

2.5 Article 40 – Prior void marriage not declared

A second marriage is void if the first, though void, has not yet been judicially declared null. The declaration is an absolute prerequisite.

2.6 Article 41 – Bigamous marriage after presumed death

If a spouse remarries on the basis of absence for 4 consecutive years (2 years in danger of death) without a judicial declaration of presumptive death, the marriage is void. (Note: The remedy is a summary petition for presumptive death under Art. 41, not a declaration of nullity.)

2.7 Article 44 – Marriages in Art. 53 context

If spouses remarry without recording the final decree of nullity/annulment or partition and distribution of properties, the second marriage is void.

2.8 Article 52 / 53 Non-Recording

A serious but often overlooked ground: the subsequent marriage and subsequent legitimation of children are void if the court decree and partition instrument are not entered in the appropriate civil registries.

3. Effects of a Declaration of Nullity

Aspect	Effect
Civil status of parties	They revert to “single”.
Property	Governed by Art. 147 (co-ownership for unions in good faith) or Art. 148 (bad-faith unions); restitution for donations by reason of marriage (Art. 43).
Children	Generally illegitimate but entitled to support and legitimation mechanisms (e.g., R.A. 9858 for marriages void under Art. 35[3]).
Succession	Children inherit only by representation (Art. 992).
Remarriage	Either party may remarry after the decree becomes final and the entry of judgment is registered with the PSA Local Civil Registrar, and after compliance with Art. 52/53 procedures.

4. The Judicial Process

4.1 Governing Rule

A.M. No. 02-11-10-SC (2003) – Rule on Declaration of Absolute Nullity of Void Marriages & Annulment of Voidable Marriages.

4.2 Venue & Jurisdiction

Exclusive original jurisdiction in the Family Court (designated Regional Trial Court).
Proper venue: where the petitioner has been resident for 6 months or, for non-residents, where the respondent resides.

4.3 Parties & State Participation

Petitioner: any spouse, heirs, or the State.
Respondents: the other spouse; the Solicitor General (O.S.G.) or duly deputized public prosecutor appears on behalf of the Republic.

4.4 Key Procedural Requirements

Verified petition containing all essential facts and specific ground(s).
Certification of non-forum shopping.
Collusion investigation report by the public prosecutor.
Publication once a week for three consecutive weeks in a newspaper of general circulation.
Trial – reception of testimonial & documentary evidence; often includes psychological expert testimony for Art. 36 cases.
Decision – If granted, the judgment is served on the civil registrar and PSA for annotation.
Finality – After 15 days with no appeal; entry of judgment is required for remarriage.

4.5 Proof and Standards

Burden of proof lies on the petitioner; the quantum is preponderance of evidence.
In psychological incapacity cases, totality of evidence (behavioural patterns, testimonies, social worker report) prevails over clinical labels.

5. Selected Jurisprudence Quick Reference

Case	G.R. No.	Significance
Santos v. CA (1995)	112019	First to recognize Art. 36 psychological incapacity.
Republic v. Molina (1997)	108763	“Molina guidelines” (now relaxed).
Marcos v. Marcos (2000)	136490	Expert testimony not indispensable.
Navarro v. Domagtoy (2013)	11234	Void for want of marriage license despite testimony.
Tan-Andal v. Andal (2021)	196359	Modern, liberal reading of psychological incapacity; not strictly a medical condition; proof may come from the spouses themselves.

6. Special Statutes & Related Doctrines

R.A. 9858 (2009) – Legitimation of children born to parents whose marriage is void for lack of license (Art. 35[3]) but who subsequently cohabit.
Recognition of Foreign Divorce (Fujiki v. Marina, 2013; Republic v. Manalo, 2018) – A Filipino may invoke a foreign divorce to remarry, but only after obtaining judicial recognition in the Philippines; not strictly a “nullity” ground but often pleaded together.
Muslim Code (P.D. 1083) – Applies to marriages where both parties are Muslims or married under Islamic rites; has separate nullity and faskh provisions.
Indigenous Peoples’ Rights Act – Customary marriages may be void under state law if not converted into a civil marriage, but are valid intra-tribu; consult NCIP regulations.

7. Practical Tips for Litigants and Counsel

Document everything – marriage certificate, CENOMARs, witness affidavits, social worker & psychological reports.
Assess good vs. bad faith – affects property distribution and children’s legitimacy rights.
Prepare for OSG scrutiny – a petition supported only by boilerplate psychological reports is likely to fail.
Consider ADR first – Although not mandatory, marital mediation (for property and child issues) can streamline proceedings.
Mind the timeline – Psychological incapacity must be rooted at the time of celebration; subsequent acts only corroborate.

8. Conclusion

Nullity of marriage in the Philippines is both statutory and jurisprudentially driven. While the Family Code provides a detailed catalogue of void marriages, the Supreme Court’s evolving interpretation—especially on psychological incapacity—has kept the field dynamic. Anyone contemplating a petition must navigate not just the letter of Articles 35-41, 44, & 53, but the procedural safeguards designed to uphold the State’s constitutional protection of marriage. A successful petition rests on meticulous evidence, strict compliance with A.M. No. 02-11-10-SC, and an appreciation of how each ground uniquely affects property, children, and future marital prospects.