How to File a Petition for Declaration of Absolute Nullity of Marriage in the Philippines

Introduction

In the Philippines, marriage is considered a sacred and inviolable social institution under the 1987 Constitution and the Family Code of the Philippines (Executive Order No. 209, as amended). Unlike many countries that recognize divorce, Philippine law does not provide for absolute divorce for Filipino citizens, except in cases involving Muslim Filipinos under the Code of Muslim Personal Laws or when one spouse is a foreigner under Article 26 of the Family Code. Instead, couples seeking to dissolve a marriage that is deemed invalid from the outset may file a petition for declaration of absolute nullity of marriage.

A declaration of absolute nullity recognizes that the marriage was void ab initio—meaning it never legally existed due to the absence of at least one essential requisite at the time of celebration. This is distinct from annulment, which declares a voidable marriage invalid from the date of the final judgment. The process is governed primarily by the Family Code (Articles 35 to 54), the Rules of Court (particularly A.M. No. 02-11-10-SC, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages), and relevant jurisprudence from the Supreme Court.

This article provides a comprehensive guide on the grounds, requirements, procedure, and other essential aspects of filing such a petition. It is based on Philippine family law and procedural rules, but readers are advised to consult a licensed attorney for personalized legal advice, as outcomes depend on specific circumstances.

Grounds for Declaration of Absolute Nullity

Under Article 35 of the Family Code, a marriage is absolutely null and void if it lacks any of the essential or formal requisites. The grounds include:

  1. Lack of Legal Capacity:

    • One or both parties were below 18 years old at the time of marriage without parental consent or judicial approval (Article 35(1)).
    • One or both parties were psychologically incapacitated to comply with the essential marital obligations (Article 36). This is the most common ground and requires proof of a grave, incurable psychological condition rooted in history, existing at the time of marriage, rendering the party incapable of assuming marital duties like mutual love, respect, fidelity, and support. Jurisprudence, such as in Republic v. Molina (G.R. No. 108763, 1997), outlines guidelines: the incapacity must be medically or clinically identified, proven by expert testimony, and juridically grave.

  2. Bigamous or Polygamous Marriages:

    • Contracted by a person whose previous marriage is still subsisting, unless the prior spouse has been absent for four years (or two years under extraordinary circumstances) and is presumed dead under Articles 41 and 390-391 of the Civil Code (Article 35(4)).

  3. Incestuous Marriages:

    • Between ascendants and descendants, siblings (full or half-blood), or other relatives within prohibited degrees (Article 37).

  4. Marriages Against Public Policy:

    • Between collateral blood relatives up to the fourth civil degree, step-parents and step-children, parents-in-law and children-in-law, adopted and adopting parents, or other specified relations (Article 38).

  5. Absence of Essential or Formal Requisites:

    • No valid marriage license, except in cases like marriages in articulo mortis (at the point of death) or remote places (Article 35(3)).
    • Solemnized by an unauthorized officiant (Article 35(2)).
    • Contracted through mistake of identity (Article 35(5)).
    • Subsequent marriages without recording the judgment of nullity or annulment of the previous marriage, or without partition and distribution of properties (Article 35(6)).

Additionally, under Article 45, certain marriages are voidable (annullable) rather than absolutely null, such as those involving fraud, force, intimidation, undue influence, impotence, or sexually transmitted diseases. However, this article focuses on absolute nullity.

The Supreme Court has emphasized that nullity cannot be declared based on mere incompatibility or irreconcilable differences; there must be a legal ground tied to the Family Code.

Who Can File the Petition?

  • Standing to Sue: Under the Rule on Declaration of Absolute Nullity (A.M. No. 02-11-10-SC), only the husband or wife may file the petition. Third parties, such as children or relatives, generally cannot initiate it, except in cases of bigamy where the offended spouse or the Solicitor General may intervene.
  • No Prescription: A petition for nullity of a void marriage can be filed at any time, even after the death of a spouse, as void marriages produce no legal effects except for children born, who are considered legitimate.

Jurisdiction and Venue

  • Court: Exclusive original jurisdiction lies with the Family Court or, in its absence, the Regional Trial Court (RTC) designated as a Family Court.
  • Venue: The petition must be filed in the RTC of the province or city where the petitioner or respondent resides, at the election of the petitioner (Section 2, A.M. No. 02-11-10-SC). Residence means actual residence, not domicile.

Requirements and Documents Needed

To file a petition, the following are typically required:

  1. Verified Petition: A sworn statement detailing the facts, grounds, and relief sought. It must allege the complete facts showing the marriage is void, including jurisdictional facts.

  2. Supporting Documents:

    • Marriage certificate (original or certified true copy from the Philippine Statistics Authority (PSA)).
    • Birth certificates of children, if any.
    • Proof of residence (e.g., barangay certificate, utility bills).
    • Psychological report from a licensed psychologist or psychiatrist, especially for Article 36 cases, detailing the incapacity.
    • Affidavits of witnesses.
    • Property inventory if seeking support or property division.

  3. Psychological Evaluation: Mandatory for psychological incapacity cases. Both parties may undergo evaluation, but the petitioner's report is crucial.

  4. Certificate of Non-Forum Shopping: Certifying that no similar action is pending elsewhere.

  5. Filing Fees: Based on the value of properties involved or a fixed amount if no properties. Indigent petitioners may seek exemption.

Step-by-Step Procedure

The process follows the Rules of Court and A.M. No. 02-11-10-SC:

  1. Consultation and Preparation:

    • Engage a lawyer specializing in family law. Self-representation is possible but not advisable due to complexity.
    • Gather evidence and undergo psychological evaluation if applicable.

  2. Filing the Petition:

    • File the verified petition with the RTC Clerk of Court, paying the docket fees.
    • The court raffles the case to a judge.

  3. Summons and Response:

    • The court issues summons to the respondent spouse.
    • If the respondent is abroad, service may be by publication or through the Department of Foreign Affairs.
    • The respondent has 15 days (or 30-60 days if abroad) to file an answer. Failure to answer leads to default, but the court still requires proof from the petitioner.
    • The Office of the Solicitor General (OSG) and the public prosecutor must be served copies and appear to ensure no collusion.

  4. Collusion Investigation:

    • The prosecutor investigates if the parties are colluding (e.g., fabricating grounds). If collusion is found, the petition is dismissed.

  5. Pre-Trial:

    • Mandatory conference to explore amicable settlement, stipulate facts, and mark exhibits.
    • If no settlement, the case proceeds to trial.

  6. Trial:

    • Presentation of evidence: Petitioner presents witnesses, including a psychologist for Article 36 cases.
    • Cross-examination by the respondent, prosecutor, and OSG.
    • Respondent presents defense.
    • The court may require a full-blown trial even if uncontested.

  7. Decision:

    • The court renders a judgment declaring the marriage null and void if grounds are proven.
    • The decision addresses child custody, support, visitation, and property division (conjugal partnership is dissolved, properties divided equally unless otherwise agreed).
    • Children remain legitimate, entitled to support and inheritance.

  8. Appeal and Finality:

    • The decision becomes final after 15 days if no appeal.
    • Appeals go to the Court of Appeals, then Supreme Court if necessary.
    • Once final, register the judgment with the Civil Registrar for annotation on the marriage certificate.

  9. Subsequent Steps:

    • Liquidate, partition, and distribute properties.
    • The parties may remarry after compliance.

Evidence and Burden of Proof

  • The petitioner bears the burden of proving the ground by preponderance of evidence.
  • Key evidence: Expert testimony (psychologist/psychiatrist), medical records, witness accounts of behavior, and documentary proof.
  • Supreme Court rulings stress strict proof; mere marital discord is insufficient.

Costs and Timeline

  • Costs: Filing fees (P5,000–P20,000+ depending on court and properties), lawyer's fees (P100,000–P500,000+), psychological evaluation (P20,000–P50,000), and other expenses like transcription and service.
  • Timeline: 1–3 years on average, longer if contested or appealed. Delays from court backlog, COVID-19 effects, or complex evidence.

Effects of Declaration of Nullity

  • Marital Status: Parties are considered never married; they revert to single status.
  • Children: Legitimate, with rights intact.
  • Property: Absolute community or conjugal partnership terminates; properties divided.
  • Support: May be ordered for children or innocent spouse.
  • Criminal Implications: If bigamy was involved, criminal charges may follow.
  • Remarriage: Allowed, but must comply with Article 52 (recording of judgment, partition).

Common Challenges and Tips

  • Collusion Allegations: Avoid any appearance of agreement on false grounds.
  • Psychological Incapacity: Cases often fail without strong expert evidence; study cases like Santos v. CA (G.R. No. 112019, 1995) and Chi Ming Tsoi v. CA (G.R. No. 119190, 1997).
  • Foreign Elements: If a spouse is foreign, Article 26 may apply for recognition of foreign divorce.
  • Alternatives: Legal separation (for separation without dissolving the bond) or recognition of foreign judgments.
  • Tips: Document everything, seek counseling first, and consider mediation. Public Attorneys' Office (PAO) assists indigents.

Recent Developments and Jurisprudence

Supreme Court decisions continue to refine the process. For instance, Tan-Andal v. Andal (G.R. No. 196359, 2021) relaxed psychological incapacity requirements, treating it as a legal (not just medical) concept, allowing more flexibility in proof. Pending bills for absolute divorce remain unpassed, keeping nullity as the primary remedy.

In conclusion, filing for declaration of absolute nullity is a rigorous, evidence-based process designed to protect the institution of marriage while providing relief in invalid cases. Professional legal assistance is crucial for navigation.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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