1) The two cases people often (incorrectly) lump together

In Philippine law, there are two different court actions that people casually call “annulment”:

Declaration of Absolute Nullity of Marriage
- Used when the marriage is void from the beginning (void ab initio)—as if it never validly existed.
Annulment of a Voidable Marriage
- Used when the marriage is valid at the start but can be set aside because of specific defects recognized by law.

Both are filed in court and decided by a judge. There is no “online annulment,” “administrative annulment,” or “quick office filing” that ends a marriage in the Philippines (outside very limited religious/tribal contexts that do not automatically change civil status).

2) Quick map: Void vs. Voidable

A. Void marriages (Declaration of Nullity)

A marriage is void if it violates essential requirements so severely that the law treats it as invalid from the start. Common grounds include:

(1) Lack of essential or formal requisites

No valid marriage license (with narrow exceptions like marriages in articulo mortis, remote places under strict conditions, or certain long cohabitation cases under Article 34—often misunderstood and frequently litigated).
No authority of the solemnizing officer (except when either/both parties believed in good faith that the officer had authority).
No marriage ceremony (no exchange of consent before an authorized solemnizing officer and witnesses).

(2) Prohibited marriages

Incestuous marriages (e.g., between ascendants/descendants; siblings).
Marriages void for reasons of public policy (e.g., certain relationships by affinity/adoption specified by law).

(3) Bigamous or polygamous marriages

A second marriage while a prior valid marriage exists is generally void. Important: If you remarried assuming a prior marriage was “effectively over” without a proper decree of nullity/annulment/recognized foreign divorce, the second marriage may be void.

(4) Psychological incapacity (Family Code, Art. 36)

One or both spouses were psychologically incapacitated to comply with essential marital obligations at the time of marriage, even if the condition becomes evident only later.
The Supreme Court has clarified over time that this is a legal concept, not necessarily a medical one; the focus is incapacity to perform essential obligations, rooted in causes existing at the time of marriage.

(5) Void subsequent marriage under Article 41

When a spouse remarries based on the other being absent, without complying with the legal requirements (including a judicial declaration of presumptive death before remarriage).

(6) Other void situations

Certain mistakes or frauds may not make a marriage void, but voidable—classification matters.

Prescription: Actions to declare a void marriage null generally do not prescribe (but specific property and succession issues can be affected by time, laches, and the rights of third parties).

B. Voidable marriages (Annulment)

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

Lack of parental consent (if a party was 18–21 at the time of marriage)
Insanity/psychological unsoundness at the time of marriage
Fraud of the kind recognized by law (not every lie counts)
Force, intimidation, or undue influence
Physical incapacity to consummate the marriage (incurable)
Serious and incurable sexually transmissible disease existing at the time of marriage

Prescription: Voidable marriage actions have strict filing periods depending on the ground (for example, counted from reaching age 21, regaining sanity, discovery of fraud, cessation of force, etc.). Missing the deadline can bar the case.

3) What you should file: a practical classification guide

If the issue is bigamy, incest/public policy, no license, lack of authority, Article 36, or presumptive death issues → usually Declaration of Nullity.
If the issue is parental consent (18–21), fraud, force, impotence, STD, insanity → usually Annulment (voidable).

Misclassification can cause dismissal or require amendment, so the petition must match the proper legal theory and supporting facts.

4) The governing procedure and where cases are filed

Cases are governed primarily by:

The Family Code of the Philippines
Rules of Court
Supreme Court rules on nullity/annulment cases (special rules for family cases)
Relevant Supreme Court decisions (especially on Article 36 psychological incapacity)

Proper court

Filed with the Regional Trial Court (RTC) designated as a Family Court (or the RTC acting as such where Family Courts are not established).

Venue (where to file)

Typically:

Where the petitioner has resided for at least six (6) months before filing, or
Where the respondent resides (subject to court rules and case specifics).

5) Who are the parties and why the government is involved

Petitioner: spouse filing the case
Respondent: the other spouse
Office of the Solicitor General (OSG): appears on behalf of the State because marriage is imbued with public interest
Public Prosecutor: often tasked by the court to investigate potential collusion (i.e., whether spouses are faking a case to end the marriage)

Nullity/annulment is not treated like an ordinary private dispute; the court must ensure the State’s interest is protected.

6) The required contents of the petition (what the pleading must allege)

A petition must generally include:

Complete facts of the marriage
- Date/place of marriage, parties’ identities, residences
Jurisdictional facts
- Residence requirements, court’s authority
Children, property, and relevant prior cases
- Names/ages of children, custody/support issues
- Properties, debts, marriage settlements (if any)
- Prior petitions, protection orders, criminal cases (if relevant)
Specific ground and detailed factual basis
- The petition must allege ultimate facts, not mere conclusions.
- For Article 36, plead facts showing incapacity tied to essential marital obligations and rooted in causes existing at the time of marriage.
Reliefs requested
- Declaration of nullity/annulment; custody; support; property liquidation; use of surname; damages/attorney’s fees (where legally proper)

The petition is usually verified and accompanied by a certification against forum shopping.

7) Documents and evidence commonly needed

Courts commonly require or expect:

PSA Marriage Certificate (certified true copy)
PSA Birth Certificates of children (if any)
Proof of residence (as needed)
If Article 36:
- Narratives, records, communications, witness testimony showing longstanding patterns
- Expert report/testimony may be used, but jurisprudence has evolved to recognize that psychological incapacity is ultimately a legal conclusion based on evidence; some courts still strongly prefer expert input in practice.
If bigamy/previous marriage:
- Prior marriage certificate, and proof whether it was dissolved/declared null, and finality of relevant judgments
If ground is fraud/force/STD/impotence:
- Medical records, witness testimony, circumstances showing legal elements of the ground

8) Step-by-step: the court process (typical flow)

Step 1 — Prepare and file the petition

File with the appropriate RTC Family Court
Pay filing and other legal fees (varies by court and requests)

Step 2 — Raffle and issuance of summons

The case is raffled to a branch
The court issues summons to the respondent

Step 3 — Service of summons

Personal or substituted service where possible
If respondent cannot be located or is abroad and service is impracticable, the court may allow alternative modes, including service by publication in appropriate cases (usually with strict prerequisites).

Step 4 — Answer / responsive pleadings

Respondent may file an Answer (admitting/denying allegations) and raise defenses.

Step 5 — Pre-trial and issues on custody/support/property

The court identifies issues, marks evidence, and may issue interim orders, particularly for:
- Child custody and visitation
- Support pendente lite (support while the case is pending)
- Protection of property, restraining orders against dissipation of assets

Step 6 — Prosecutor’s collusion investigation

A public prosecutor typically submits a report to the court on whether there is collusion.

Step 7 — Trial (presentation of evidence)

Petitioner presents testimonial and documentary evidence
Respondent may present counter-evidence
The State (through OSG/prosecutor) may cross-examine and oppose if warranted

Step 8 — Decision

The court grants or denies the petition
If granted, the decision becomes final after the period for appeal lapses (or after appellate proceedings).

Step 9 — Registration and annotation (critical for civil status)

A favorable decision must be:

Registered with the Local Civil Registry where the marriage was registered and with the PSA, and
Annotated on the marriage certificate (and sometimes other records as required).

Without proper annotation, practical transactions (remarriage applications, passport updates, records) can be severely delayed or complicated.

9) Special focus: Article 36 (Psychological Incapacity)

What it is (and is not)

It is not simply: “irreconcilable differences,” “incompatibility,” “cheating,” “immaturity,” “bisyo,” “abuse,” or “they stopped loving each other,” although those facts may be evidence if they prove legal incapacity.
The key inquiry is whether one or both spouses were incapable (not merely unwilling) to assume essential marital obligations, with roots existing at the time of marriage.

Essential marital obligations (examples)

Often framed around:

Mutual love, respect, fidelity, support, cohabitation
Partnership and mutual help
Responsible parenthood where applicable

Evidence pattern courts commonly find persuasive

Longstanding behavioral patterns traceable to premarital history
Consistency and gravity of inability to commit, empathize, be faithful, or provide support
Corroboration by relatives/friends and documentary trail
A coherent account linking conduct to incapacity, not mere bad behavior

10) Effects of a decree: children, property, surnames, and remarriage

A. Children

In many situations, children remain legitimate under the law even if the marriage is later declared void/annulled, depending on the specific ground and legal classification.
Courts will rule on:
- Custody (best interests of the child standard)
- Support
- Visitation
Parental authority rules apply; custody of very young children is often presumed with the mother unless compelling reasons exist, but courts decide case-by-case.

B. Property relations

Depending on whether the marriage was void or voidable and whether there was good/bad faith:

Absolute Community of Property (ACP) or Conjugal Partnership of Gains (CPG) may be liquidated if applicable
For void marriages, property issues often use co-ownership principles, and the rules differ depending on good faith and the specific void ground
Donations and benefits (e.g., donations propter nuptias) may be revoked under certain conditions
The court may order accounting, partition, and protection of the family home and child support allocations

C. Surname

A spouse who changed surname may have rules affecting continued use, depending on the outcome and the legal basis; government records often require annotation before changes are processed.

D. Remarriage

Remarriage is generally possible only after:
1. A final court decree, and
2. Proper registration/annotation requirements are satisfied in practice.

11) What doesn’t end a marriage (common misconceptions)

Deed of separation, notarized agreements, barangay settlements: can address support/property temporarily but do not dissolve marital status.
Legal separation: allows separation of bed and board and property separation in proper cases, but does not permit remarriage.
Church annulment: affects religious status; it does not automatically change civil status without a civil court decree.

12) Related but different remedies

A. Recognition of foreign divorce (Article 26 context)

If a valid foreign divorce was obtained abroad by the appropriate spouse under the law and jurisprudence, the Filipino spouse may file a case in Philippine courts for judicial recognition of that foreign divorce (and the foreign judgment/law must be proven as facts in court). This is not an annulment/nullity case, but it can result in capacity to remarry under Philippine law once recognized and recorded.

B. Declaration of presumptive death (for remarriage)

If a spouse has been absent for a legally specified period and circumstances, the present spouse may petition for a judicial declaration of presumptive death to remarry. This is different from nullity/annulment and has its own requirements.

13) Practical realities: timeline, cost drivers, and case strength

While no single duration applies to all cases, common factors that affect how demanding a case becomes include:

Whether the respondent participates or contests
Ease of serving summons (especially if abroad/unknown address)
Complexity of property issues
Availability and credibility of witnesses
For Article 36, quality and coherence of evidence and expert support (if used)
Court docket congestion

14) After the decision: compliance checklist people overlook

Secure Entry of Judgment / proof of finality (as applicable)
Obtain certified true copies of the decision and finality documents
Process registration and annotation with:
- Local Civil Registry where marriage was registered
- PSA
Implement property liquidation orders (titles, banks, transfers)
Update government IDs/records consistent with the annotated civil registry entries

15) A note on legal accuracy and changes

Family law practice is heavily shaped by Supreme Court rules and evolving jurisprudence, especially for psychological incapacity. Always treat the latest Supreme Court issuances and rulings as controlling when they modify standards or procedure.