How to Start an Annulment or Declaration of Nullity Case in the Philippines

Introduction

In the Philippines, where divorce remains unavailable for most citizens under the Family Code of the Philippines (Executive Order No. 209, as amended), couples seeking to end their marriage often turn to annulment or a declaration of nullity. These legal remedies allow the courts to determine that a marriage was either invalid from the beginning (void ab initio) or voidable due to certain defects. Annulment refers to the judicial declaration that a voidable marriage is annulled, while a declaration of nullity confirms that the marriage never legally existed. This distinction is crucial, as it affects property relations, child custody, support, and legitimacy of children.

The process is governed primarily by the Family Code, Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act), and relevant Supreme Court rules, such as A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages). These proceedings are handled by the Regional Trial Courts (RTCs) designated as Family Courts. Initiating such a case requires careful preparation, as it involves emotional, financial, and legal complexities. Success depends on proving specific grounds with substantial evidence, often necessitating the assistance of a lawyer.

This article provides a comprehensive guide on starting and navigating an annulment or declaration of nullity case, including grounds, requirements, procedures, potential challenges, and related considerations, all within the Philippine legal framework.

Understanding the Key Concepts

Annulment vs. Declaration of Nullity

Declaration of Nullity: This applies to marriages that are void from the beginning (void ab initio). The court declares the marriage as never having existed, meaning no valid marital bond was formed. Children from such marriages are considered legitimate if conceived or born before the declaration, but property relations are treated as co-ownership rather than absolute community or conjugal partnership.
Annulment: This pertains to voidable marriages, which are valid until annulled by the court. Once annulled, the marriage is considered valid up to the date of the final judgment. Children remain legitimate, and property regimes are dissolved accordingly.

The terms are sometimes used interchangeably in common parlance, but legally, they differ based on the grounds invoked.

Legal Basis

The Family Code (Articles 35-54) outlines the grounds for both. The process is adversarial, requiring proof beyond mere allegations. The Supreme Court has emphasized in cases like Republic v. Molina (G.R. No. 108763, 1997) that psychological incapacity, a common ground, must be grave, juridical antecedent, and incurable.

Grounds for Declaration of Nullity (Void Marriages)

Void marriages can be challenged by any interested party, even after the death of the spouses. The grounds include:

Absence of Essential Requisites (Article 35):
- No legal capacity to contract marriage (e.g., one party is below 18 years old without parental consent or court approval).
- Incestuous marriages (e.g., between ascendants and descendants, siblings).
- Marriages against public policy (e.g., between stepparents and stepchildren, or between collaterals by blood within the fourth civil degree).
Bigamy (Article 35): When one spouse is already married, unless the prior marriage was annulled or declared null.
Lack of Marriage Ceremony or Authority (Article 35): No solemnizing officer with authority, or absence of a valid marriage license (except in cases like marriages in articulo mortis or cohabitation for at least five years under Article 34).
Psychological Incapacity (Article 36): A spouse's inability to comply with essential marital obligations due to psychological causes existing at the time of marriage. This must be proven through expert testimony (e.g., psychiatrists). It is not mere incompatibility but a serious personality disorder, as clarified in Tan-Andal v. Andal (G.R. No. 196359, 2021), which relaxed earlier strict interpretations.
Subsequent Marriages Without Recording (Article 40): If a prior marriage was not judicially declared null before remarrying.
Other Void Marriages: Marriages where one party was mistaken about the other's identity, or those solemnized by unauthorized persons.

Grounds for Annulment (Voidable Marriages)

Voidable marriages can only be annulled by the injured party within specified periods (usually five years). Grounds under Article 45 include:

Lack of Parental Consent: For parties aged 18-21 without consent, annullable within five years by the parent or the minor upon reaching 21.
Insanity: If one party was of unsound mind at the time of marriage, annullable by the sane spouse within five years of discovering the insanity.
Fraud: Concealment of pregnancy by another person, a sexually transmissible disease, drug addiction, habitual alcoholism, homosexuality, or lesbianism. Annullable within five years of discovery.
Force, Intimidation, or Undue Influence: Annullable within five years of the cessation of the cause.
Physical Incapacity: Impotence existing at the time of marriage and appearing incurable, annullable within five years.
Sexually Transmissible Disease: Serious and incurable, annullable within five years.

Ratification (e.g., continued cohabitation after discovering the ground) may bar annulment.

Who Can File and Jurisdiction

Petitioner: Typically the aggrieved spouse. For void marriages, any interested party (e.g., children) can file. The action does not prescribe for void marriages but does for voidable ones.
Venue: The RTC (Family Court) in the province or city where the petitioner or respondent has resided for at least six months prior to filing.
Residency Requirement: The petitioner must be a resident; non-residents (e.g., OFWs) can file through a lawyer with a special power of attorney.

Step-by-Step Procedure to Start the Case

Step 1: Consultation and Preparation

Consult a lawyer specializing in family law. The Integrated Bar of the Philippines (IBP) offers legal aid for indigents.
Gather evidence: Marriage certificate, birth certificates of children, medical/psychological reports, witness affidavits, and property documents.
Undergo psychological evaluation if invoking Article 36.
Prepare for costs: Filing fees (around PHP 10,000-20,000), lawyer's fees (PHP 100,000-500,000 or more), expert fees, and other expenses.

Step 2: Filing the Petition

Draft the Petition for Annulment or Declaration of Nullity, verifying it under oath.
Include: Facts of the marriage, grounds, relief sought (e.g., nullity declaration, child custody, support, property partition).
Attach annexes: Certified true copies of marriage contract, children's birth certificates, and evidence.
File at the RTC Clerk of Court with the required number of copies (original plus two for the court and respondent).
Pay docket fees based on property value involved (if any).
The court raffles the case to a Family Court branch.

Step 3: Summons and Response

The court issues a summons to the respondent (spouse), who has 15 days (or 60 for non-residents) to file an Answer.
If no answer, the court may declare default, but in family cases, this is rare due to public interest.

Step 4: Collusion Investigation

The public prosecutor investigates for collusion (agreement to fabricate grounds). If collusion is found, the petition is dismissed.
The prosecutor submits a report within one month.

Step 5: Pre-Trial

Mandatory pre-trial conference to explore amicable settlement, stipulate facts, and mark exhibits.
Mediation may be ordered under the Court-Annexed Mediation rules.

Step 6: Trial

Presentation of evidence: Petitioner proves grounds with witnesses, experts, and documents.
Cross-examination by respondent and prosecutor.
The trial can take 1-3 years due to court backlog.

Step 7: Decision and Appeal

The court renders a decision. If granted, it becomes final after 15 days unless appealed.
The Solicitor General may appeal on behalf of the State.
Register the decision with the Civil Registrar for annotation on the marriage certificate.
For property and custody: Separate proceedings may follow under Articles 50-51.

Step 8: Effects of the Decision

Spouses revert to single status.
Property is liquidated; innocent spouse may get more.
Child support and custody are determined based on the child's best interest (Article 213).
Legitimacy of children is preserved.

Requirements and Documents

Verified Petition.
Marriage Certificate (NSO/PSA certified).
Birth Certificates of Children.
Residence Certificate or Affidavit of Residence.
Psychological Report (for Article 36).
Affidavits of Witnesses.
Property Inventory (if applicable).
Special Power of Attorney (if filed by proxy).

For foreigners married to Filipinos, additional rules apply under Article 26 for foreign divorces.

Challenges and Considerations

Time and Cost: Cases can last 2-10 years; costs range from PHP 200,000 to over a million, including appeals.
Burden of Proof: Strict; mere allegations fail. Expert testimony is often required.
Emotional Impact: Involves reliving marital issues; counseling is advisable.
Collusion Risks: Fabricating evidence leads to dismissal and possible perjury charges.
Religious Aspects: For Catholics, a civil annulment does not automatically allow church remarriage; a canonical annulment is separate.
Alternatives: Legal separation (Article 55) allows separation without dissolving the marriage bond, preserving property rights but prohibiting remarriage. Recognition of foreign divorce (for mixed marriages) under A.M. No. 20-11-15-SC.
Recent Developments: House Bill No. 9349 (Absolute Divorce Act) is pending, but until enacted, annulment/nullity remains the option.
Special Cases: Violence (VAWC) can expedite proceedings; same-sex marriages are not recognized, so no annulment needed.

Conclusion

Starting an annulment or declaration of nullity case in the Philippines is a rigorous process designed to protect the institution of marriage while providing relief in invalid unions. It demands thorough preparation, legal expertise, and patience. Prospective petitioners should weigh the emotional and financial toll against the benefits of freedom to remarry. Consulting a qualified attorney early is essential to navigate this complex terrain effectively. While the law evolves slowly, these remedies offer a path to closure for many Filipinos.