Introduction

In the Philippine legal system, the Family Code of the Philippines (Executive Order No. 209, as amended) serves as the primary statute governing marriage and family relations. A key aspect of this code is the distinction between valid, voidable, and void marriages. A void marriage is one that is considered invalid from its inception, as if it never existed. This declaration is not automatic; it requires a judicial petition to declare the marriage void, also known as a petition for declaration of nullity of marriage.

The grounds for declaring a marriage void are explicitly enumerated in Articles 35 to 38 of the Family Code. Unlike voidable marriages, which can be annulled based on specific defects that render them valid until challenged within prescribed periods, void marriages are inherently null and can be impugned at any time. This article comprehensively explores the grounds for such petitions, the persons authorized to file them, procedural aspects, effects of the declaration, and related jurisprudence, all within the Philippine context.

Grounds for Declaring a Marriage Void

The Family Code categorically lists the circumstances under which a marriage is void ab initio. These grounds are exhaustive and stem from violations of essential requisites (legal capacity, consent, and authority of the solemnizing officer) or formal requisites (marriage license and ceremony). Below is a detailed enumeration:

1. Age Requirement Violation (Article 35(1))

A marriage contracted by any party below eighteen years of age is void, even with parental or guardian consent. This aligns with the policy to protect minors from premature marital obligations. The age of majority for marriage is eighteen, and no exceptions apply for void declarations based on this ground.

2. Lack of Marriage License (Article 35(3))

Marriages solemnized without a valid marriage license are void, except in cases exempted under Articles 27 (marriages in articulo mortis), 28 (marriages in remote places), 31 (marriages among Muslims or indigenous groups), and 32 (marriages where parties have cohabited for at least five years without legal impediment). The license ensures public record and compliance with legal formalities.

3. Unauthorized Solemnizing Officer (Article 35(2))

If the marriage is performed by an individual without legal authority (e.g., not a judge, priest, imam, or consul as specified in Articles 7 and 8), it is void. Authority must be valid at the time of solemnization, and the marriage must occur within the officer's jurisdiction.

4. Bigamous or Polygamous Marriages (Article 35(4) and (6))

A marriage contracted by a person with a subsisting valid marriage is void. This includes subsequent marriages that violate Article 53, where a person remarries without complying with property regime liquidation and distribution requirements from a prior nullified or annulled marriage. Polygamous unions are similarly invalid.

5. Mistake in Identity (Article 35(5))

Marriages based on a mistake as to the physical identity of the other party (e.g., marrying someone believing them to be another person) are void. This does not extend to mistakes in character, fortune, or other attributes—only literal identity.

6. Incestuous Marriages (Article 37)

Marriages between the following are void due to blood relations:
- Ascendants and descendants of any degree (e.g., parent-child, grandparent-grandchild).
- Brothers and sisters, whether full or half-blood.
- Collateral blood relatives up to the fourth civil degree (e.g., uncles/aunts and nieces/nephews, first cousins).
These prohibitions are rooted in genetic and moral considerations.

7. Marriages Against Public Policy (Article 38)

This covers unions between:
- Collateral blood relatives (legitimate or illegitimate) up to the fourth civil degree.
- Step-parents and step-children.
- Parents-in-law and children-in-law.
- Adopting parents and adopted children.
- Surviving spouses of adopting or adopted persons with the adopted or adopter, respectively.
- Parties where one killed the spouse of the other to enable the marriage.
- Other specified affinity-based relations.
These grounds prevent unions that could disrupt family harmony or societal norms.

8. Psychological Incapacity (Article 36)

Although not listed under Articles 35-38, Article 36 provides for void marriages due to psychological incapacity of either party to comply with essential marital obligations. This ground, interpreted broadly by the Supreme Court in cases like Republic v. Molina (1997) and refined in Tan-Andal v. Andal (2021), requires proof of a grave, juridical antecedent, and incurable personality disorder (e.g., narcissism, antisocial behavior) existing at the time of marriage. It is not a catch-all but a specific incapacity rendering the marriage void from the start.

Note that absence of free consent due to force, intimidation, or undue influence typically falls under voidable marriages (annulment under Article 45), not void ones, unless it escalates to vitiated consent under void grounds.

Who May File the Petition

Unlike annulment proceedings for voidable marriages, which restrict petitioners and impose time bars (Article 47), petitions to declare a marriage void have broader standing and no prescription period. Key principles include:

1. Standing to File

Any Interested Party: Under Article 39, the absolute nullity of a void marriage may be invoked by any person with a direct interest, including the spouses themselves, their children, parents, guardians, or even third parties affected (e.g., creditors in property disputes). This is affirmed in jurisprudence like Niñal v. Bayadog (2000), where heirs could challenge a void marriage posthumously.
Spouses: Either husband or wife can file, even if they participated in the invalid marriage.
Prosecutors or Solicitor General: In cases involving public interest (e.g., bigamy), the state may intervene, but private parties typically initiate.
No Requirement of Good Faith: Even a spouse in bad faith can petition, though this affects property rights.

2. No Time Limit

A void marriage can be declared null at any time, before or after the death of either spouse (Article 40). This contrasts with voidable marriages, where actions prescribe after five years or upon ratification.

3. Exceptions and Limitations

For psychological incapacity (Article 36), only spouses can file during their lifetime; after death, it cannot be collaterally attacked unless for legitimacy of children (Article 39).
In bigamy cases, the offended spouse from the first marriage may file, but criminal aspects (under Revised Penal Code) are separate.

Procedural Aspects

1. Jurisdiction and Venue

Filed before the Regional Trial Court (Family Court) where either petitioner or respondent resides (A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void Marriages).
The petition must allege grounds, facts, and include a certification against forum shopping.

2. Process

Filing and Service: Petitioner files, serves on respondent and Office of the Solicitor General (OSG).
Collusion Investigation: Prosecutor investigates for collusion; if none, proceeds to trial.
Trial and Evidence: Requires clear and convincing evidence; psychological reports for Article 36 cases.
Decision and Appeal: Court declares nullity; appealable to Court of Appeals.
Registration: Decision recorded in civil registry for effect.

3. Related Rules

Provisional orders for support, custody, and visitation may issue.
Foreign marriages involving Filipinos are governed by Philippine law (Article 26), allowing nullity petitions if void under the Code.

Effects of Declaration of Nullity

1. Status of Marriage

The marriage is treated as never having existed, restoring parties to single status.

2. Children

Children conceived or born before the declaration are legitimate (Article 54), entitled to support and inheritance.

3. Property Relations

Governed by Article 147 (co-ownership for good faith) or 148 (proportional contribution for bad faith). Liquidation required before remarriage (Article 52).

4. Other Consequences

No spousal support unless in good faith.
Criminal liability (e.g., bigamy) may arise independently.
Donations propter nuptias may be revoked.

Jurisprudence and Developments

Supreme Court rulings have shaped application:

Chi Ming Tsoi v. CA (1997): Psychological incapacity includes sexual dysfunction.
Republic v. Olaybar (2014): Collateral attacks allowed in certain administrative proceedings.
Tan-Andal v. Andal (2021): Relaxed evidentiary standards for psychological incapacity, requiring only preponderance of evidence.
Recent trends emphasize child welfare and equitable property division.

In summary, the petition to declare a marriage void safeguards societal and familial interests by nullifying inherently invalid unions, with accessible remedies for affected parties.