(Philippine legal article; Family Code context and court procedure)

1) The Two Court Remedies: “Annulment” vs “Declaration of Nullity”

In everyday talk, people say “annulment” for any court case that ends a marriage. Legally, Philippine law separates marital defects into two categories:

A. Declaration of Absolute Nullity (Void Marriage)

A void marriage is treated as invalid from the beginning. A court case is still required because, as a rule, a person cannot simply “treat the marriage as void” and remarry without a judicial declaration.

B. Annulment (Voidable Marriage)

A voidable marriage is valid until annulled. It produces legal effects unless and until a court issues a decree annulling it.

Why the distinction matters:

The grounds are different.
The prescriptive periods (deadlines to file) differ.
The effects on property, inheritance, and remarriage can differ.

2) Key Rule You Must Know Before Remarrying: Court Declaration Is Required

Even if a marriage is void, Philippine law generally requires a final court judgment declaring it void before one can remarry (this is a common trap in “bigamy” prosecutions).

3) Grounds for Declaration of Absolute Nullity (Void Marriages)

Below are common bases for declaring a marriage void under the Family Code and related principles. A petition must state the specific legal ground and supporting facts.

A. Lack of an Essential or Formal Requisite

A marriage may be void due to, among others:

No authority of the solemnizing officer (subject to limited good-faith exceptions in specific situations)
No marriage license (with exceptions such as certain marriages in articulo mortis, among others recognized by law)
No marriage ceremony (no exchange of consent in the presence of a solemnizing officer)

B. Void for Being Contrary to Law / Public Policy

Common examples:

Bigamous marriages (a prior marriage still exists and has not been lawfully terminated or declared void by a final judgment)
Incestuous marriages (between ascendants/descendants; between siblings)
Marriages void by reason of public policy (certain close relationships by affinity/adoption as provided by law)

C. Psychological Incapacity (Family Code, Article 36)

One of the most commonly used grounds in practice. It refers to a serious psychological condition existing at the time of the marriage that renders a spouse truly incapable of complying with essential marital obligations, not merely difficulty, immaturity, or refusal.

Important: Psychological incapacity is not the same as:

incompatibility,
infidelity by itself,
substance abuse by itself,
“no love anymore,” unless the facts and evidence show a qualifying incapacity as interpreted by jurisprudence.

4) Grounds for Annulment (Voidable Marriages)

A voidable marriage is valid until annulled. Grounds typically include:

A. Lack of Parental Consent (for certain ages at the time of marriage)

If a party married within the legally relevant age bracket requiring parental consent, lack of it may make the marriage voidable subject to deadlines.

B. Unsound Mind / Insanity

If a party was of unsound mind at the time of marriage (with legal nuances on confirmation/ratification after regaining capacity).

C. Fraud

Only specific types of fraud recognized by law qualify (not every lie). Examples classically include deception about matters deemed legally essential (not mere misrepresentation of wealth, character, or social standing).

D. Force, Intimidation, or Undue Influence

Consent must be freely given; coercion that overbears will may qualify.

E. Impotence

If a party is physically incapable of consummating the marriage and the condition appears incurable.

F. Serious and Incurable Sexually Transmissible Disease

If a party had a serious and incurable STD at the time of marriage as contemplated by law.

Filing deadlines (prescription)

Voidable marriages are often subject to strict prescriptive periods that depend on the ground (and who is filing). Missing the deadline can defeat the case even if the facts are true. This is one reason petitions must be carefully pleaded and timed.

5) Who May File

A. Nullity (Void Marriage)

Generally, a spouse may file. In some situations, other parties with a direct legal interest may have standing, but most cases are initiated by one spouse.

B. Annulment (Voidable Marriage)

Usually, the injured party (or the party authorized by law, depending on the ground) must file, and only within the legally allowed period.

6) Where to File (Venue and Court)

Cases for declaration of nullity or annulment are filed in the Regional Trial Court acting as a Family Court.

Venue is commonly based on:

where the petitioner has been residing for a required period before filing, or
where the respondent resides

Courts strictly scrutinize residency because venue-shopping is common in these cases. Expect requirements to prove address and actual residence.

7) What the Petition Must Contain (Core Contents)

A properly drafted petition generally includes:

Parties’ complete names, citizenship, and addresses
Date and place of marriage, with marriage certificate details
Children, if any (names, birthdates) and their present circumstances
Facts supporting the ground (narrative with specific incidents, dates, and context)
Property regime and assets (as relevant), plus custody/support issues
Reliefs prayed for (declaration of nullity / annulment; custody; support; property liquidation; damages where legally viable; authority to use surname issues, etc.)
Verification and certification against forum shopping

Because these cases affect civil status, courts expect specificity—not conclusions like “psychologically incapacitated,” but facts showing how and why.

8) Documents Commonly Required (Typical Checklist)

While courts and lawyers differ in exact lists, most cases involve:

PSA-issued Marriage Certificate (and, if needed, certified true copy from the Local Civil Registrar)
PSA-issued Birth Certificates of children
Proof of residence/venue (IDs, utility bills, barangay certificates, lease contracts, etc., depending on counsel strategy)
If prior marriage issues are involved: proof of that marriage, decrees, death certificates, etc.
If Article 36 is alleged: materials for a psychological evaluation (often used in practice), and collateral sources such as affidavits of witnesses

9) Step-by-Step Procedure in Court (Typical Flow)

Procedure is governed by the special rule on nullity/annulment cases and Family Court practice. A typical case proceeds as follows:

Step 1 — Case filing and raffle

Petition is filed with the Family Court; docket fees are paid.
Case is raffled to a branch.

Step 2 — Summons and service to respondent

The court issues summons.
If the respondent cannot be located despite diligent efforts, service may proceed under court-approved methods (often involving publication/substituted service, depending on circumstances and court orders).

Step 3 — Participation of the State (Prosecutor/OSG)

Nullity/annulment cases are not purely private disputes:

A public prosecutor participates to ensure there is no collusion