Marriage in the Philippines is a permanent and sacred union recognized by law. However, under certain circumstances, a marriage may be annulled—meaning that the law treats it as though it never existed. Unlike divorce (which remains generally unavailable in the Philippines, except for Muslims under specific laws), annulment offers a legal pathway to dissolve a voidable marriage. This article explains the grounds, process, and cost of filing an annulment in the Philippines, as well as important procedural and practical considerations.
I. Legal Basis for Annulment
Annulment is governed primarily by the Family Code of the Philippines (Executive Order No. 209). The relevant provisions are found under Articles 45 to 55, which distinguish between void marriages (those considered invalid from the beginning) and voidable marriages (those valid until annulled by a court).
A. Void vs. Voidable Marriages
Void Marriages (Article 35, 36, 37, 38 of the Family Code)
- No marriage license.
- Bigamous or polygamous marriages.
- Incestuous marriages.
- Marriages void due to psychological incapacity (Article 36).
- Marriages between parties below 18 years old, even with parental consent.
Voidable Marriages (Article 45 of the Family Code) These are valid until annulled. Grounds include:
- Lack of parental consent (if one party was 18–21 years old at the time).
- Insanity or mental illness existing at the time of marriage.
- Fraud (e.g., concealment of drug addiction, criminal conviction, or pregnancy by another man).
- Force, intimidation, or undue influence.
- Impotence or physical incapacity to consummate the marriage.
- Sexually transmitted disease existing at the time of marriage.
II. Grounds for Annulment or Declaration of Nullity
1. Psychological Incapacity (Article 36)
The most common ground in the Philippines. It refers to the inability of one or both spouses to fulfill the essential marital obligations due to a psychological disorder existing at the time of marriage. This must be:
- Grave (serious enough to render the person incapable of marital life),
- Incurable, and
- Existing at the time of marriage.
The Supreme Court, in Republic v. Molina (G.R. No. 108763, 1997), laid out strict guidelines for proving psychological incapacity. However, in Tan-Andal v. Andal (G.R. No. 196359, May 11, 2021), the Court relaxed the rules, emphasizing that the condition need not be clinically incurable and that expert testimony is not always required, provided the evidence shows genuine psychological incapacity.
2. Fraud, Force, or Intimidation
If one party consented to the marriage under deceit or coercion, annulment may be granted, provided the case is filed within five years from the discovery or cessation of the force.
3. Lack of Parental Consent
For individuals aged 18–21 who married without their parents’ consent, annulment can be filed by the parent or guardian before the child reaches 21 or within five years thereafter.
4. Impotence or STD
These grounds must have existed at the time of marriage and must be incurable.
III. The Annulment Process
Annulment is a judicial process, requiring a petition filed before the Regional Trial Court (Family Court) where the petitioner resides.
Step-by-Step Procedure
Consult a Family Law Attorney
- Legal advice is essential to determine the appropriate ground and procedure.
- The lawyer drafts and files the Petition for Annulment or Declaration of Nullity.
Filing of the Petition
- Filed with the Office of the Clerk of Court in the Family Court of the petitioner’s residence.
- Includes details about the marriage, children, and grounds for annulment.
Payment of Filing Fees
- Depends on the court but generally ranges from ₱2,000 to ₱5,000 (exclusive of attorney’s fees).
Raffle and Assignment to a Branch
- The case is raffled to a Family Court judge.
Issuance of Summons
- The respondent (spouse) is notified and given a chance to answer.
Collusion Investigation
- The Office of the Solicitor General (OSG) or the Prosecutor ensures that the parties are not colluding to fabricate grounds for annulment.
Pre-Trial
- Both parties and their lawyers meet before the judge to explore possible settlement on child custody, support, and property division.
Trial
- Presentation of evidence and witnesses.
- Psychological evaluation and expert testimony (if applicable).
Decision
- If granted, the marriage is declared null and void (or annulled).
- The decision must become final and executory before registration.
Registration
The final decree must be registered with:
- The Local Civil Registry,
- The Philippine Statistics Authority (PSA), and
- The Office of the Solicitor General.
IV. Cost of Annulment in the Philippines
The total cost varies widely depending on complexity, evidence, and lawyer’s fees. On average:
| Expense Item | Estimated Cost (PHP) |
|---|---|
| Filing Fees and Miscellaneous | ₱5,000 – ₱10,000 |
| Attorney’s Fees | ₱150,000 – ₱300,000+ |
| Psychological Evaluation (if any) | ₱20,000 – ₱100,000 |
| Publication Fees (if required) | ₱10,000 – ₱30,000 |
| Miscellaneous (travel, documents) | ₱5,000 – ₱15,000 |
| Total Estimated Cost | ₱200,000 – ₱500,000+ |
Fees vary based on:
- The location of the court,
- Whether the other spouse contests the petition,
- The number of hearings required.
V. Duration of Annulment Proceedings
An annulment case typically lasts 1 to 3 years, depending on court congestion, cooperation of parties, and the complexity of the psychological evaluation. Cases with minimal opposition and clear evidence can conclude faster.
VI. Effects of Annulment
- Marital Status – The parties return to “single” status.
- Property Relations – Conjugal property is liquidated, and each spouse retains their separate share.
- Children – Children conceived before annulment are considered legitimate.
- Custody and Support – Determined by the court, considering the best interest of the children.
- Right to Remarry – Allowed only after the decision becomes final and registered with the PSA.
VII. Important Considerations
- Alternative Remedies: In some cases, a marriage may be declared void (rather than annulled) due to lack of essential requisites or psychological incapacity. The remedy depends on the facts.
- No Divorce Yet (for Non-Muslims): The Philippines does not recognize divorce except under the Code of Muslim Personal Laws or when a foreign spouse obtains a valid divorce abroad.
- Legal Separation: Another option where the marriage remains valid but spouses live separately and the property regime is dissolved.
VIII. Final Thoughts
Filing for annulment in the Philippines is a serious and often emotional process that requires careful legal guidance. It is not merely a way out of an unhappy marriage—it must be grounded on valid, provable legal reasons. Understanding the grounds, procedures, costs, and consequences is crucial to navigating the process successfully.
Before pursuing annulment, individuals should consult with a competent family law attorney to evaluate their circumstances and explore the best legal options available.