Petition for Declaration of Nullity of Marriage in the Philippines: Grounds and Procedure

Scope & purpose. This article explains, in Philippine context, when a marriage is void from the beginning (void ab initio) and how to file and prosecute a Petition for Declaration of Absolute Nullity of Marriage before the Family Courts. It also outlines effects on children, property, names, support, and inheritance, plus practical tips and key jurisprudence.

I. Nullity vs. Annulment vs. Legal Separation (Quick Map)

Nullity (void marriage): The marriage was never valid from day one because a core legal requisite was missing (e.g., psychological incapacity, bigamy, no license). Remedy: Petition for declaration of absolute nullity. Imprescriptible.
Annulment (voidable marriage): The marriage was valid at the start but has a defect affecting a party’s consent or capacity (e.g., fraud, force, impotence, STD, lack of parental consent for 18–20 y/o at time of marriage). Remedy: Petition for annulment. Prescriptive periods apply.
Legal separation: Marriage remains valid; court decrees separation from bed and board, property separation, and custody/support terms. No freedom to remarry.

This article focuses on nullity.

II. Legal Grounds for a Void Marriage (Nullity)

A marriage is void ab initio when any of the following is present:

At least one party was below 18 at the time of marriage.
Solemnizing officer had no authority, unless at least one party believed in good faith that the officer had authority.
No valid marriage license, except in cases expressly exempted by law (e.g., marriages among Muslims/ethnic customary rites meeting legal requisites; or extraordinary cases like marriage in articulo mortis with proper formalities).
Bigamous or polygamous marriage, except where the first spouse is presumptively dead and the statutory process for remarriage was followed.
Mistake in the identity of a party (you married the wrong person, literally).
Psychological incapacity (Article 36): a serious and enduring personality disposition existing at or prior to the marriage that renders a spouse truly incapable of assuming the essential marital obligations (not merely unwilling, immature, or difficult). (See “Key jurisprudence” below.)
Incestuous marriages (e.g., between ascendants/descendants, siblings—whether full or half blood).
Marriages void for public policy (e.g., between relatives by affinity or collateral consanguinity within prohibited degrees; step-relations in specified degrees; adopter/adoptee; spouse of your relative within certain degrees).
Subsequent marriage without prior judicial declaration of nullity of an earlier void marriage (a separate rule requires a judicial declaration of nullity before one can validly remarry).
Noncompliance with mandatory recording of certain decrees and partitions for subsequent marriages under the Family Code provisions (affects the validity of the subsequent marriage).

Notes and nuances

Psychological incapacity (Art. 36) is a legal, not medical, concept. The Supreme Court clarified that expert testimony is helpful but not indispensable; the incapacity need not be clinically labeled, but it must be grave, antecedent, and incurable (or highly resistant to cure) and must render the party truly incapable of essential marital duties (e.g., fidelity, respect, mutual support, cohabitation, parental obligations).
Good-faith belief in the authority of the solemnizing officer can save what would otherwise be a void marriage under lack of authority.
Foreign divorce recognition (when a foreign spouse obtains a valid divorce that capacitated them to remarry) is not a nullity case; it is a Rule 108-type recognition proceeding. Many Filipinos use that remedy where applicable.

III. Essential & Formal Requisites (Why marriages become void)

Essential: Legal capacity (age, not within prohibited relationships, not currently married) and consent freely given.
Formal: Authority of a qualified solemnizing officer, marriage license (unless exempt), and a ceremony where the parties personally declare their consent before the officer and two witnesses.

A substantial defect in an essential requisite usually voids the marriage; defects in certain formal requisites can also void it (e.g., no license).

IV. Who May File, Where, and When

Who: A spouse, their guardian/representative in proper cases, and in some situations, interested parties (e.g., heirs) or the State (through the public prosecutor/OSG) may participate to uphold marriage and prevent collusion.
When: Actions for nullity are imprescriptible—they do not prescribe.
Where (Venue): File in the Family Court of the city/province where either spouse has resided for at least six (6) months before filing. If the respondent is non-resident or cannot be found, file where the petitioner resides.

V. Procedure Overview (Family Courts)

Proceedings follow the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC, as amended), RA 8369 (Family Courts Act), the Family Code, and the Rules of Court.

A. Preparations & Filing

Verified Petition stating:
- The ground(s) and ultimate facts constituting nullity;
- Residency facts for venue/jurisdiction;
- Details on children (names, birthdates), custody/support arrangements requested;
- Property relations (what was acquired, proposed liquidation/partition);
- No collusion between parties; and any prior cases between the parties.
Attachments & evidence typically include:
- PSA marriage certificate; PSA birth certificates of children;
- IDs, residency proof, barangay or lease certificates where relevant;
- Documentary proof specific to the ground (e.g., prior marriage records for bigamy; certifications on authority/license; medical/psychological reports; witness affidavits; communications; photos; financials).
Filing fees (court fees; potential publication costs if required for summons/service).

B. Docketing, Raffle, Summons

Case is raffled to a Family Court branch.
Summons is served personally; if the respondent cannot be found or is abroad, substituted service or service by publication may be allowed upon motion and court approval.

C. Role of the Public Prosecutor & the State

The public prosecutor (assisted by the Office of the Solicitor General on appeal) participates to ensure no collusion and to defend the validity of marriage as a matter of State policy.
The prosecutor conducts a collusion investigation and submits a report. Absence of collusion is a jurisdictional safeguard.

D. Pre-Trial

Mandatory; pre-trial brief and conference are held to narrow issues.
Mediation/settlement may tackle custody, support, visitation, and property issues (but parties cannot “settle” the ground for nullity).
Trial dates are set; witnesses are marked; stipulations taken when possible.

E. Trial & Evidence

Petitioner’s evidence: testimonial (including petitioner and corroborating witnesses), documentary and, where relevant, expert evidence (e.g., psychologist or psychiatrist in Art. 36—but not strictly required by law if facts are otherwise adequately proven).
Respondent’s evidence (if any).
Prosecutor may cross-examine; court may appoint amici curiae or neutral experts in complex cases.

F. Decision, Decree & Post-Judgment Steps

Decision: Court either dismisses the petition or declares the marriage void.
Finality: After the decision becomes final and executory, the court issues a Decree of Absolute Nullity.
Annotation & Recording: The decree (and, when required, liquidation/partition documents) must be recorded with the Local Civil Registry, PSA, and, if property/children are involved, with the Registry of Deeds and concerned agencies.
Implementation Orders: Custody, support, visitation, and property liquidation orders are implemented.
Appeals: Either party or the OSG may appeal within reglementary periods.

VI. Effects of a Declaration of Nullity

1) Civil Status & Capacity to Remarry

Parties become free to marry after finality and proper civil registry annotation/recording of the decree (and compliance with statutory recording steps for certain cases). Failure to observe recording requirements can void a subsequent marriage.

2) Children’s Status, Custody, Name, and Support

Status: As a rule, children of void marriages are illegitimate, except in specific instances (e.g., children conceived or born before the judgment in certain cases including psychological incapacity and in some situations involving recording/Article 52–53 issues).
Custody: Determined by the best interests of the child; children under seven are generally under the mother’s care unless compelling reasons exist.
Parental authority: For illegitimate children, parental authority is typically with the mother, subject to the child’s best interests and court orders.
Surname: Illegitimate children ordinarily use the mother’s surname, but may use the father’s if acknowledged in accordance with law.
Support: Both parents owe support proportionate to their resources; courts fix child support and, when appropriate, spousal support (alimony pendente lite and sometimes post-judgment support based on equities).

3) Property Relations (Articles 147 & 148)

If both parties were free to marry each other but the marriage is void for reasons other than bigamy/polygamy, Article 147 applies: property acquired through their joint efforts is co-owned in equal shares absent proof of unequal contributions; wages and salaries are presumed joint.
If one or both parties were in bad faith or one/both were married to someone else, Article 148 applies: only actual proven contributions count; no equal presumption; shares are strictly in proportion to contributions.
In all cases, donations between spouses in a void marriage may be void, and forfeitures may be ordered against a spouse in bad faith.

4) Inheritance & Succession

Illegitimate children inherit from both parents, but with different legitime rules than legitimate children.
Spouses in a void marriage do not inherit from each other as spouses, but ordinary co-ownership and unjust enrichment principles may govern property acquired together.

VII. Psychological Incapacity: What Courts Look For

Nature: A deep-seated personality structure rendering a spouse truly incapable (not merely unwilling) to perform essential marital obligations: mutual love, respect, fidelity, cohabitation, support, child-rearing, and partnership.
Timing: Must exist at or before the marriage, though it can manifest afterward.
Gravity & Incurability: The incapacity must be grave and incurable (or highly resistant to cure), not just a habit or refusal.
Proof: Totality of evidence—lay witnesses, contemporaneous acts, communications, patterns of abandonment/serial infidelity/pathological irresponsibility, and expert opinions where helpful. Root-cause clinical diagnosis is no longer strictly required; courts assess facts and behaviors.

VIII. Practical Roadmap & Timeline (Indicative)

Case build-up (4–12+ weeks): Gather documents; draft petition; assess witnesses; consider expert consult if Art. 36.
Filing to pre-trial (2–6 months): Summons; prosecutor’s collusion report; pre-trial and mediation (for custody/support/property).
Trial (6–18+ months): Direct/cross of witnesses; possible expert; prosecutor participation.
Decision to finality (2–4+ months): Promulgation, lapse of appeal periods, entry of judgment, Decree issuance.
Post-judgment (1–3+ months): Civil registry annotation; property liquidation steps; implementation of custody/support orders.

(Durations vary widely by court docket, service issues, and complexity.)

IX. Evidence Strategy & Common Pitfalls

Helpful evidence

Admissions/messages; financial and cohabitation records; proof of prior/subsisting marriage (for bigamy); civil registry certifications (license, authority); neighbors’/family testimony; medical/psychological notes; police/blotter reports; proof of abandonment or serial infidelity; immigration/travel records.

Pitfalls to avoid

Thin factual detail (conclusions without specifics).
Collusion (illegal and can doom the case).
Venue/jurisdiction errors (residency requirements).
Skipping post-judgment recording (risking invalid subsequent marriage).
Overreliance on labels without showing how behaviors amount to true incapacity (Art. 36).
Ignoring property/child issues, which the court expects to resolve alongside nullity.

X. Costs & Budgeting (What to expect)

Filing fees (court), publication (if needed for summons), documentation (PSA copies, notarizations), and representation fees (lawyer).
Expert fees (if engaging a psychologist/psychiatrist).
Post-judgment recording and Registry of Deeds fees for property annotations.

(Courts do not publish standard total costs; consult counsel for an itemized estimate in your venue.)

XI. After the Decree: What To Do

Secure certified copies of the Decision, Entry of Judgment, and Decree.
Record with Local Civil Registry where the marriage was registered and with the PSA (ensure the annotation appears on the marriage record).
Update civil status with government IDs/passport; coordinate with employers and banks for beneficiary and HR records.
Implement custody/support; set up visitation schedules in writing; consider parenting plans.
Liquidate property per the decision; annotate titles; settle tax implications (e.g., CGT/DST where applicable).
If planning to remarry, verify all Article 52–53 recording steps are complete to safeguard the validity of the subsequent marriage.

XII. Key Supreme Court Signposts (Selected)

Santos v. CA (1995): First major case recognizing psychological incapacity under Art. 36.
Republic v. Molina (1997): Issued guidelines (once applied strictly).
Subsequent cases (2009 onward): Softened rigid application; emphasized fact-specific, case-by-case analysis.
Tan-Andal v. Andal (2021): Clarified that psychological incapacity is a legal concept; expert testimony not indispensable; focus on incapacitating personality disposition that is grave, antecedent, and incurable; root-cause medical diagnosis not mandatory.

XIII. FAQs

Q1: Can we “settle” to get a decree of nullity? No. Parties may settle custody/support/property, but they cannot stipulate that a marriage is void. The State actively polices collusion.

Q2: Do I need a psychologist for Art. 36? Not always. Courts decide on the totality of evidence. Expert testimony is helpful but not required if facts sufficiently establish the incapacity.

Q3: Will my children be affected? Courts prioritize the best interests of the child. Support and custody are mandatory topics. Status and surname rules depend on legitimacy and acknowledgment under law; seek tailored advice.

Q4: How soon can I remarry after a favorable judgment? Only after the judgment is final and executory and duly recorded/annotated with the civil registry/PSA (and other recording steps, when applicable).

Q5: Can I file while living abroad? Venue requires residence within the court’s jurisdiction. Practical options include filing where your Philippine residence is established, or addressing first any foreign decree recognition paths if applicable. Seek counsel for venue strategy.

XIV. Takeaways

A void marriage lacks a legal requisite from the start; nullity actions are imprescriptible.
Grounds include age, license/authority defects, bigamy, prohibited relationships, mistake in identity, and psychological incapacity.
The process is formal and evidence-driven, with the State guarding against collusion.
A successful case requires careful fact development, clear linkage between facts and legal standards, and clean post-judgment recording to protect future rights.

This article is general information for the Philippine setting and is not a substitute for tailored legal advice. For case-specific strategy (grounds, venue, evidence, costs), consult a Philippine family-law practitioner.