Nullity of Marriage in the Philippines
Grounds, Procedure, and Practical Effects
(Updated as of 1 June 2025; Philippine law and Supreme Court jurisprudence)
1. What “Nullity” Means — and Why It Matters
A declaration of absolute nullity of marriage (often simply “nullity”) is a judicial pronouncement that a marriage has been void ab initio — it never existed in the eyes of the law. Unlike an annulment, which dissolves a voidable marriage that was valid until annulled, a void marriage produces no civil effects from Day 1 (except those the law expressly preserves for equity, e.g., property co-ownership and legitimacy of certain children).
Key consequences:
| Void (Nullity) | Voidable (Annulment) | |
|---|---|---|
| Status before judgment | Never valid | Valid until decree |
| Action prescribes? | No (Art. 39) | Yes — 5 yrs. from cause |
| Who can file? | Spouse(s), heirs, “interested party,” or the State | Spouse(s) only |
| Effect on children | Generally illegitimate except children under Art. 36 and special legitimation statutes | Legitimate if conceived/born before decree (Art. 54) |
| Property effects | Governed by Art. 147–148 co-ownership rules | Conjugal/ACP liquidated under Art. 50–51 |
2. Statutory Foundations
Family Code of the Philippines (Exec. Order 209, 1987), esp. Arts. 1–54.
Rule on Declaration of Absolute Nullity of Void Marriages & Annulment of Voidable Marriages (A.M. No. 02-11-10-SC, effective 15 Mar 2003; amendments to 2024 incorporated).
Civil Code remnants (for marriages celebrated before 3 Aug 1988).
Special statutes:
- R.A. 9858 (2009) – Legitimation of Children Born to Parents Below Marrying Age.
- R.A. 11222 (2019) – Simulated Birth Rectification Act.
- R.A. 11596 (2021) – Prohibiting Child Marriage (affects Art. 35 par 1).
Supreme Court doctrine continually refines these rules; landmark cases are noted in each section.
3. Grounds That Make a Marriage Void
Below is an annotated checklist of every ground appearing in the Family Code, plus jurisprudential additions. Cite the pertinent article when drafting a petition.
| Article | Ground | Typical Proof | Key Cases / Notes |
|---|---|---|---|
| 35(1) | Either party < 18 years | PSA birth certificate | People v. Gomez (2023) clarified that “parental consent” cannot cure this defect. |
| 35(2) | No valid marriage license | PSA negative certification + testimony; exemptions in Arts 27–34 must also fail | R.A. 9858 now allows legitimation of affected children. |
| 35(3) | Solemnized by unauthorized person and none of the Art. 32 exceptions applies | Certification from the issuing church/LGU + DOJ list of solemnizing officers | “Color-of-authority” marriages void only upon showing bad faith; Abalos v. Camiling (G.R. 1962) |
| 35(4) | Bigamous/polygamous marriages | PSA marriage certificates of both unions | Separate criminal bigamy suit optional but common. |
| 35(5) | Mistaken identity of either spouse | Affidavits; possibly DNA | Rare; SC dicta in Tomalinas (2015). |
| 35(6) | After death of spouse or termination of prior marriage but without record of partition/revival/reappearance required by Arts. 52–53 | PSA annotations, RTC order | Often overlaps with bigamy ground. |
| 36 | Psychological incapacity existing at celebration and incurable | Clinical psychologist testimony + personalized facts | Santos v. CA (1995) created the doctrine; Republic v. Molina (1997) issued strict guidelines; Tan-Andal v. Andal (2021) reframed it as a legal (not medical) concept, easing evidentiary burden. |
| 37 | Incestuous marriages (between relatives in Art. 37) | PSA birth records; family tree | Incestuous children remain illegitimate and cannot be legitimated. |
| 38 | Marriages void for public policy (e.g., between step-parents & step-children) | Same proof as Art. 37 | |
| 40 | Marriage contracted despite a prior void marriage not yet judicially declared void | Prior decree absent | Distinct from bigamy; established in Morigo v. People (2008). |
| 41 | Reappearance of absent spouse declared presumptively dead, but no judicial decree obtained | RTC records | |
| 44 & other Civil Code provisions | Marriages celebrated before 3 Aug 1988 violating old Civil Code prohibitions | Needs historic analysis |
4. Who May File and When
- Any time — the action “does not prescribe” (Art. 39).
- Petitioner: either or both spouses, their heirs, a relative with successional interest, or the State through the Office of the Solicitor General (OSG).
- The State must always be impleaded because the public has an interest in the validity of marriages.
5. Court with Jurisdiction and Proper Venue
Exclusive original jurisdiction: Regional Trial Court designated as a Family Court.
Venue (A.M. 02-11-10-SC, § 2[b]):
- Resident petitioner – where he/she lived for the preceding 6 months;
- Non-resident (e.g., OFW) – where respondent resides;
- If both abroad, any Family Court where either Philippine spouse last resided.
6. Step-by-Step Procedure
| Phase | What Happens | Timeframe (typical) |
|---|---|---|
| 1. Draft & file verified petition | Attach PSA certificates, affidavits, psychologist report (if Art. 36), property inventory. | 1–2 months |
| 2. Raffle & Summons | Court raffles case within 15 days; Sheriff serves Summons & OSG referral. | 1 month |
| **3. **Prosecutor’s Collusion Investigation ** | Must certify that no collusion or suppression of evidence exists. | 1 month |
| 4. Pre-Trial | Mandatory appearance; mark exhibits; discuss settlement of property/child issues; Court issues Pre-Trial Order (PTO). | 1–2 months |
| 5. Trial | Petitioner’s evidence first; psychologist & petitioner testify; OSG cross-examines. Respondent may contest. | 6–18 months (remote testimony allowed under 2020–21 OCA circulars) |
| 6. Memoranda | Both sides submit written summations. | 30 days |
| 7. Judgment | Court must rule within 90 days of submission under Constitution; delays common. | 3–12 months |
| 8. Entry of Judgment & Registration | After 15 days (no appeal) or final appellate ruling; decree registered with local Civil Registry and PSA; annotation on marriage certificate plus property liquidation. | 1–2 months |
| 9. Post-Decision Matters | Liquidation of property, custody/support orders executed; issuance of Certificate of Finality prerequisite to remarriage. | Varies |
Fast-track options
- Judicial affidavit rule and videoconference hearings (made permanent by A.M. No. 20-07-10-SC, 2022) drastically shorten trial.
- Rule V mediation possible for property/child issues but never on the validity of marriage.
7. Evidence Tips & Common Hurdles
Psychological Incapacity (Art. 36)
- Post-Tan-Andal you no longer need to prove a clinical diagnosis nor total inability; show a grave, juridical incapacity to perform any essential marital obligation, traceable to pre-marriage origins and existing at celebration.
- “Total absence of empathy,” “compulsive infidelity,” or “chronic substance abuse” may qualify if connected to personality disorder.
Bigamy vs. Art. 40 nullity
- File the nullity petition first to establish priority; criminal bigamy can follow or proceed simultaneously but may be suspended for prejudicial question.
Documentary completeness
- PSA‐issued negative certifications (e.g., “Certificate of No Marriage [CENOMAR]”) are critical.
OSG Opposition
- Expect cross-examination to test genuineness of incapacity or authenticity of documents.
8. Effects of the Decree
| Aspect | Rule / Statute |
|---|---|
| Civil status | Parties revert to “single” status upon registration. |
| Right to remarry | Allowed only when Certificate of Finality and civil registry annotation exist (Art. 53); marrying without these may result in bigamy. |
| Children | Legitimate only if conceived or born before the final decree in an Art. 36 nullity (Art. 54) or legitimated under R.A. 9858 & related laws. All others are “illegitimate,” but entitled to support and may use the father’s surname (Art. 176 as amended by R.A. 11222 & R.A. 11857). |
| Parental authority & custody | Court decides in the same case per “best interests of the child” (A.M. 03-04-04-SC). |
| Property acquired while cohabiting | Governed by Art. 147 (“co-ownership” if both were capable of marrying) or Art. 148 (stricter rules if one/both had an impediment like bigamy). Profits split equally after reimbursement of exclusive contributions. |
| Succession | Parties do not inherit intestate from each other; legitimated or illegitimate children inherit per Arts. 979 & 992 Civil Code and R.A. 11573 amendments. |
| Retirement/Pag-IBIG/SSS benefits | Agencies require decree + annotation before deleting beneficiary spouse. |
9. Costs and Typical Duration (Real-World)
| Item | Metro Manila Range (PHP) | Provinces (PHP) |
|---|---|---|
| Docket & filing fees | 4,500 – 10,000 | Similar |
| Sheriff/process service | 2,000 – 5,000 | 2,000 – 5,000 |
| Psychological assessment | 25,000 – 80,000 | 15,000 – 40,000 |
| Lawyer’s fees | 120,000 – 450,000 (package or hourly) | 60,000 – 250,000 |
| Misc. (transcripts, photocopy, travel) | 10,000 – 30,000 | 5,000 – 20,000 |
| Total | ≈ 160 k – 575 k | ≈ 82 k – 315 k |
Average case lifespan: 1½ – 3 years in cities (with e-hearings), up to 4+ years if hotly contested or backlogged.
10. Recent and Emerging Developments
- Tan-Andal (G.R. No. 196359, 11 May 2021) — psychological incapacity now a “legal concept;” absolute medical proof no longer indispensable.
- 2022 OCA Circular 99-2022 — Hybrid/fully online proceedings for family cases made permanent.
- Senate Bill 2443 & House Bill 9349 (18th & 19th Congresses) — move to institute absolute divorce; still pending as of June 2025.
- Administrative legitimation under R.A. 11570 (2022) has eased legitimation for children of void marriages lacking a license or solemnizing authority.
- Civil Registry digitization (PSA “CRS” project, 2023–2025) shortens annotation turnaround to 30 days in NCR.
11. Practical Checklist for Would-Be Petitioners
- Collect PSA documents early; delays here stall everything.
- Undergo counseling or psychological consultation even if not strictly required; the report often persuades the court.
- Budget realistically (see § 9) and expect at least two years.
- Avoid a sham case. Collusion and fabricated incapacity remain criminally punishable (Art. 239 RPC; People v. Vidad, 2024).
- Coordinate property liquidation immediately after decree; creditors can attach unliquidated co-ownership shares.
- Do not remarry until decree is final and annotated; otherwise, you may personally face bigamy.
12. Conclusion
The Philippines still holds one of the world’s most restrictive marriage regimes, but jurisprudence—especially on psychological incapacity—has become more compassionate, and procedure is now faster and partly online. Understanding each statutory ground, marshaling solid evidence, and following the Rule’s step-by-step roadmap remain indispensable. With proper guidance and realistic expectations, a declaration of nullity is achievable, opening the door to a legally unencumbered future while safeguarding the rights of children and creditors alike.