In Philippine law, a petition for declaration of nullity of marriage seeks a judicial pronouncement that a marriage is void ab initio—meaning it is considered as if it never existed from the very beginning. This remedy is distinct from annulment, which applies to voidable marriages that are valid until set aside by court order. The governing law is the Family Code of the Philippines (Executive Order No. 209, as amended), which took effect on August 3, 1988. Nullity petitions are filed exclusively in Regional Trial Courts acting as Family Courts and are imprescriptible, meaning they may be filed at any time, subject only to the rules on res judicata and the requirement of a final judgment for purposes of remarriage.

The declaration of nullity restores the parties to their status before the marriage and has far-reaching effects on property relations, legitimacy of children conceived or born before the declaration, and the parties’ capacity to remarry. Because marriage is a special contract impressed with public interest, the grounds for nullity are strictly construed and exhaustively enumerated in the Family Code. Below are all recognized legal grounds, organized by statutory provision, together with the essential requisites, jurisprudential considerations, and practical implications.

1. Void Marriages Under Article 35 of the Family Code

Article 35 declares certain marriages void from the beginning for lack of any of the essential requisites of a valid marriage (legal capacity of the parties and consent freely given in the presence of a solemnizing officer authorized by law) or for other policy reasons.

Contracted by any party below eighteen (18) years of age (Art. 35(1)). The age of majority for marriage is eighteen, regardless of parental consent. Even if parents or guardians consent, the marriage remains void. The minor’s subsequent ratification upon reaching majority does not cure the defect.
Solemnized by any person not legally authorized to perform marriages (Art. 35(2)), unless either or both parties believed in good faith that the solemnizing officer had authority. Authorized solemnizing officers include priests, imams, rabbis, ministers of religious sects, judges, justices of the Supreme Court, Court of Appeals, and Regional Trial Courts, and certain municipal and city mayors (under the Local Government Code). Good-faith belief must be proven by clear and convincing evidence.
Solemnized without a valid marriage license (Art. 35(3)), except those exempted under Chapter 2 of Title I (e.g., marriages in articulo mortis, marriages among Muslims or members of indigenous cultural communities, or remote places where no license can be obtained). The license must be issued by the civil registrar of the municipality or city where either party habitually resides. A defective or expired license renders the marriage void.
Bigamous or polygamous marriages not falling under Article 41 (Art. 35(4)). A second or subsequent marriage during the subsistence of a prior valid marriage is void. The only exception is a valid declaration of presumptive death under Article 41 (discussed below). Mere cohabitation or long separation does not dissolve the first marriage.
Contracted through mistake as to the identity of the other contracting party (Art. 35(5)). This is a very narrow ground requiring proof that one party was deceived as to the actual physical identity of the spouse (e.g., a “switched” or impersonated bride or groom at the ceremony). Mistake as to character, financial status, or other attributes does not qualify.
Subsequent marriages declared void under Article 53 (Art. 35(6)). If a prior marriage is annulled or declared null but the parties fail to liquidate and partition their conjugal partnership or absolute community property and deliver the presumptive legitime to common children before contracting a new marriage, the subsequent marriage is void.

2. Psychological Incapacity Under Article 36

A marriage is void if either party was psychologically incapacitated to comply with the essential marital obligations at the time of the celebration, even if such incapacity becomes manifest only after solemnization. This is the most frequently invoked ground and the most litigated.

Essential marital obligations include mutual love, respect, fidelity, support, and procreation and rearing of children (Art. 68 in relation to Art. 36). The incapacity must be (a) grave, (b) juridically antecedent (existing at the time of marriage), and (c) incurable or permanent. It must pertain to the personality of the spouse, rendering him or her unable to assume the responsibilities of marriage.

Jurisprudence has established stringent standards: the root cause must be medically or clinically identified, proven by expert testimony (usually a psychiatrist or clinical psychologist), and shown to be medically or clinically permanent. Mere difficulty, refusal, or neglect to perform marital duties is insufficient. Sexual infidelity, abandonment, or domestic violence, standing alone, do not constitute psychological incapacity unless linked to a grave personality disorder existing at the time of marriage.

3. Incestuous Marriages Under Article 37

These marriages are void by reason of blood relationship:

Between ascendants and descendants of any degree, whether legitimate or illegitimate.
Between brothers and sisters, whether of the full or half blood.

The prohibition is absolute and applies regardless of legitimacy or adoption status in the direct line.

4. Marriages Void by Reason of Public Policy Under Article 38

These marriages violate public policy even though no blood relationship exists:

Between collateral blood relatives (legitimate or illegitimate) up to the fourth civil degree (first cousins and closer).
Between step-parents and step-children.
Between parents-in-law and children-in-law.
Between the adopting parent and the adopted child.
Between the surviving spouse of the adopting parent and the adopted child.
Between the surviving spouse of the adopted child and the adopter.
Between an adopted child and a legitimate child of the adopter.
Between adopted children of the same adopter.
Between parties where one, with the intention to marry the other, killed that other person’s spouse or his or her own spouse.

The prohibition on affinity relationships continues even after the marriage that created the affinity is dissolved by death or annulment/nullity.

5. Additional Grounds and Related Provisions

Article 41 – Remarriage without prior judicial declaration of presumptive death. A spouse who contracts a subsequent marriage while a prior spouse is absent must first obtain a summary declaration of presumptive death. The absence must be four consecutive years (or two years in case of danger of death) with a well-founded belief that the absent spouse is dead. Without this judicial declaration, the second marriage is bigamous and void under Article 35(4).
Article 40 – Need for judicial declaration of nullity of previous marriage. The absolute nullity of a prior marriage may be invoked for purposes of remarriage only upon a final judgment declaring such prior marriage void. A party cannot simply assert nullity collaterally without a prior judicial declaration if he or she intends to remarry.
Article 53 – Failure to record the final judgment and liquidate community property. As noted under Article 35(6), failure to comply with the liquidation and delivery requirements before remarriage voids the subsequent marriage.

Procedural Aspects of Filing a Petition for Nullity

A petition for declaration of nullity must be filed by the parties to the marriage themselves while both are alive. In certain cases involving psychological incapacity, the petition may be filed by the sane spouse. Heirs may file only after the death of one spouse if the nullity affects inheritance rights, but only under specific conditions.

Venue lies in the Regional Trial Court of the place where the petitioner or respondent resides. The petition must allege the facts constituting the ground, attach the marriage certificate, and comply with the Rule on Declaration of Absolute Nullity of Void Marriages (A.M. No. 02-11-10-SC, as amended). A prosecutor or solicitor must appear to ensure no collusion. For psychological incapacity cases, a psychological evaluation is almost invariably required.

The court must render a decision based on evidence, not on mere stipulation or default. A final decree of nullity must be recorded with the local civil registrar.

Effects of a Decree of Nullity

The marriage is deemed never to have existed.
Children conceived or born before the final judgment are considered legitimate (Art. 54).
Property regime is governed by the rules on co-ownership or the regime actually observed, subject to forfeiture in cases of bad faith.
Each party recovers his or her property brought into the marriage, and net profits are divided according to the applicable regime.
The innocent party may be awarded moral damages and attorney’s fees in appropriate cases.
The decree dissolves the marital bond, restoring the parties’ capacity to remarry.

A declaration of nullity is not a mere formality; it carries profound personal, familial, and property consequences. Courts exercise strict scrutiny to protect the sanctity of marriage while safeguarding the constitutional right to marry (or remarry) only if the prior union is legally non-existent. Parties contemplating such a petition are advised to seek competent legal counsel to evaluate the evidence and navigate the procedural requirements under the Family Code and the applicable Rules of Court.