In the Philippines, the Civil Code and the Family Code provide the framework for the legal dissolution of marriage. Unlike most countries, the Philippines does not have a general divorce law for non-Muslim citizens. Instead, those seeking to exit a marriage must navigate the distinct legal paths of Annulment and Declaration of Absolute Nullity of Marriage.

While often used interchangeably in casual conversation, these two processes are governed by different grounds, legal theories, and outcomes.

1. Fundamental Legal Distinction

The primary difference lies in the status of the marriage at its inception:

Declaration of Absolute Nullity (Void Marriages): This applies to marriages that are considered void from the beginning (void ab initio). In the eyes of the law, the marriage never existed because it lacked an essential or formal requisite, or it contravened public policy.
Annulment (Voidable Marriages): This applies to voidable marriages. These are marriages that are considered valid and binding until they are set aside by a court decree. The defect in the marriage existed at the time of the celebration but is not severe enough to render it automatically void.

2. Grounds for the Legal Action

The grounds for each are specific and strictly interpreted by Philippine courts.

Declaration of Absolute Nullity (Articles 35, 36, 37, 38 of the Family Code)

These marriages are dead on arrival. Grounds include:

Lack of Requisites: No marriage license (unless exempt) or no authority of the solemnizing officer.
Psychological Incapacity (Article 36): One or both parties are psychologically incapacitated to comply with the essential marital obligations. This is the most common ground cited in the Philippines.
Incestuous Marriages: Between ascendants and descendants, or brothers and sisters.
Public Policy: Bigamous marriages, or marriages between collateral blood relatives up to the fourth civil degree (first cousins).

Annulment (Article 45 of the Family Code)

These marriages are valid until "annulled" due to:

Lack of Parental Consent: If a party was between 18 and 21 and married without parental consent (unless they continued to cohabit freely after reaching 21).
Insanity: One party was of unsound mind at the time of marriage.
Fraud: Consent obtained through deception (e.g., non-disclosure of a prior conviction, pregnancy by another man, or a sexually transmitted disease).
Force, Intimidation, or Undue Influence: Consent was not given freely.
Physical Incapability: One party is physically incapable of consummating the marriage (impotence), and such incapacity is permanent and appears incurable.
Serious STD: One party has a serious and incurable sexually transmitted disease.

3. Prescription Periods (Statute of Limitations)

Declaration of Nullity: An action for the declaration of absolute nullity of a void marriage does not prescribe. It can be filed at any time.
Annulment: These actions do prescribe. Depending on the ground, the prescriptive period is usually five years from the discovery of the fraud, from the time the force disappeared, or from the celebration of the marriage.

4. Status of Children and Property

The legal classification of the marriage significantly impacts the rights of the parties and their children.

Feature	Declaration of Nullity (Void)	Annulment (Voidable)
Status of Children	Generally "Illegitimate" (Exception: Children under Art. 36 and Art. 53 are "Legitimate").	Children conceived before the decree are "Legitimate."
Property Regime	Governed by "Co-ownership" (Art. 147 or 148).	Governed by "Absolute Community" or "Conjugal Partnership."
Remarriage	Possible after the finality of the decree and liquidation of assets.	Possible after the finality of the decree and liquidation of assets.

5. The Role of the State

In both processes, the State views marriage as an "inviolable social institution." Consequently:

The Office of the Solicitor General (OSG) or the Public Prosecutor is always involved to ensure there is no collusion between the parties.
Collusion: If the parties agree to "fabricate" evidence or "stipulate" to facts just to get the decree, the court will dismiss the case.

6. Summary Comparison

Point of Comparison	Annulment	Declaration of Nullity
Nature of Marriage	Valid until set aside.	Void from the very beginning.
Effect of Decree	Terminates a valid marriage.	Confirms the marriage never existed.
Prescription	Within a specific timeframe (usually 5 years).	Never prescribes.
Ratification	Can sometimes be "cured" by free cohabitation.	Cannot be cured or ratified.

While the legislative landscape in the Philippines continues to debate the introduction of absolute divorce, Annulment and Declaration of Nullity remain the only judicial recourses for the dissolution of a civil marriage bond. Each requires rigorous proof, testimony from expert witnesses (especially for psychological incapacity), and a strict adherence to the procedural rules set by the Supreme Court.