Philippine Annulment Case Requirements and Process

(Civil annulment & declaration of nullity under the Family Code, updated to June 2025)

Important: The information below is for educational purposes only and is not a substitute for personalized legal advice. Procedures and fees can change; always consult a Philippine lawyer or the Office of the Clerk of Court before filing.

1. Snapshot

Key Point	Annulment (voidable marriage)	Declaration of Nullity (void marriage, incl. Art. 36)
Grounds	Art. 45, Family Code	Arts. 35, 36, 37, 38, 53, 55
Prescriptive period	5 years from discovery of ground (except unsound mind)	None
Court	Regional Trial Court-Family Court (RTC-FC)	Same
State participation	Office of the Solicitor General (OSG) & Public Prosecutor	Same
Effect on children	Legitimate (if conceived before finality)	Legitimate if marriage is void but in good‐faith (“putative child” doctrine)
Effect on property	Conjugal/ACP dissolved; liquidation & partition	Same
Civil status after finality	“Single” (NSO/PSA annotation)	Same

2. Legal Framework

Family Code of the Philippines (E.O. 209, 1987) – primary statute.
Rules on Declaration of Absolute Nullity & Annulment of Marriage (A.M. 02-11-10-SC, as amended).
Rules on Guardianship & Custody and Rule 79 (on OSG intervention).
Relevant jurisprudence – Republic v. Molina (G.R. 108763, 1997), Ngo Te v. Yu-Te (2009), Tan-Andal v. Andal (G.R. 196359, 11 May 2021) and others.
Special Laws touching ancillary issues:
- R.A. 9858 (legitimation of children born to parents later married).
- R.A. 11596 (2022 ban on child marriages).
- Domestic Administrative Circulars on electronic service, videoconference testimony, etc. (post-pandemic).

3. Void vs. Voidable Marriage

Category	Nature	Typical examples
Void	Invalid from the beginning; no need for prescriptive period but still requires judicial declaration for PSA annotation.	No marriage license; under 18; psychological incapacity (Art. 36); bigamous/ polygamous; incestuous; invalid solemnizing officer; marrying within prohibited degrees; subsequent marriages without valid spouse presumptive death declaration, etc.
Voidable	Valid until annulled by final judgment.	Lack of parental consent (18-20 yrs); unsound mind at celebration; consent obtained by fraud or force; impotence; serious sexually-transmissible disease.

4. Grounds for Annulment (Art. 45)

No parental consent (18-20 yrs)—must file within 5 yrs of reaching 21.
Unsound mind—file anytime before death of either spouse.
Fraud—e.g., concealment of criminal conviction, pregnancy by another, STD, etc.; must file within 5 yrs after discovery.
Force, intimidation, undue influence—within 5 yrs from cessation.
Impotence—within 5 yrs after marriage.
Serious STD—within 5 yrs after marriage.

5. Psychological Incapacity (Art. 36)

Declares marriage void.
Tan-Andal v. Andal (2021) liberalized standards: psychological incapacity is a legal (not clinical) concept. Medical or psychiatric expert evidence is advisable but no longer indispensable; focus lies on “enduring incapacity” existing at time of marriage that renders a spouse truly unable (not merely unwilling) to comply with essential marital obligations.
The “Molina guidelines” remain persuasive but not iron-clad.

6. Jurisdiction & Venue

Original jurisdiction: Regional Trial Court, designated as Family Court, where any party has been resident for at least six (6) months prior to filing, or for OFWs, where they reside in PH, or where their real property is located.
Exclusive original jurisdiction: Cannot be filed with MTC.

7. Who May File & When

Ground	Who may file	Deadline
Art. 45(1) (No parental consent)	Spouse whose consent needed or, in some cases, parent/guardian	5 yrs after reaching 21
Art. 45(2) (Unsound mind)	Spouse who had no knowledge, or relative, or guardian	Anytime before either spouse’s death
Other Art. 45 grounds	Injured spouse	5 yrs from discovery or cessation
Art. 36, Arts. 35-38	Either spouse, proper guardian, or State (OSG)	None

8. Documentary Checklist

Mandatory	Commonly Required Supporting Evidence
PSA-issued marriage certificate (CTC)	Baptismal / birth certificates of parties & children
Judicial affidavits of witnesses	Couples’ photos, letters, emails, social-media posts
Petition-verifications (signed & notarized)	Psychiatric evaluation report (if Art. 36)
Certificate against collusion (OSC)	Barangay clearances / NBI if alleging bigamy
OSG & Prosecutor registry receipts (service)	Proof of expenses (for support claims)
Docket & filing fee OR Official Receipts	Pay slips/finance docs (for support)

Tip: Courts now accept electronic service of pleadings and remote testimony (per 2020-2023 SC circulars).

9. Step-by-Step Procedure

Consultation & retainer agreement with counsel.
Gather evidence; psychological testing (if needed).
Draft Petition (verified, with certified copies of docs).
Filing at RTC-FC ➜ pay filing fees & sheriff’s fees (≈ ₱10,000-20,000, excluding lawyer’s fees; indigents may seek pauper litigant status).
Raffle of case to Family Court branch.
Summons served on respondent; if unserved, resort to substituted or publication.
Order for publication (once a week for 2 consecutive weeks in a newspaper of general circulation) – petitioner shoulders cost.
Pre-trial & preliminary conference
- Collusion investigation report (Public Prosecutor)
- Settlement of issues, stipulations, marking of exhibits
- Referral to mediation (sometimes)
Trial
- Petitioner’s presentation of witnesses: petitioner, psychologist/psychiatrist, corroborative family/friends.
- Cross-examination by OSG & Respondent.
- Respondent’s evidence (often defaults or offers controverting testimony).
Memoranda – optional; some judges require.
Decision (within 90 days after submission, but realistically 6-18 months).
Appeal period – 15 days ⇒ OSG may elevate to the Court of Appeals; if no appeal, decision becomes final & executory.
Entry of Judgment & issuance of Certificate of Finality.
Annotation at the PSA – submit copies to Local Civil Registrar (LCR) and PSA.
Liquidation of property relations (may be done in same case or separate special proceeding).
Post-judgment matters – custody, support, use of surnames, immigration (for recognition of foreign divorce), remarriage, church annulment (optional).

10. Evidence Strategy

Evidence Type	Purpose	Typical Pitfalls
Petitioner’s testimony	Establish ground, chronology, good-faith	Over-reliance without corroboration
Psychologist report	Expert opinion on incapacity	Boiler-plate / templated reports; lack of court appearance
Corroborative witnesses	Prove pattern & gravity	Inconsistent details; bias
Documentary	Object evidence of incapacity, fraud, force	Hearsay objections; authenticity
Social-media & chat logs	Modern corroboration	Privacy & authenticity hurdles

11. Costs & Timeline Estimates (Metro Manila benchmark)

Item	Typical Range (PHP)
Filing, docket & sheriffs’ fees	10,000 – 15,000
Publication (broadsheet)	12,000 – 25,000
Psychological testing & report	30,000 – 60,000
Lawyer’s professional fee	120,000 – 400,000+ (lump-sum or installment)
Miscellaneous (copies, transportation)	5,000 – 15,000

Timeframe: 1 – 3 years is typical in NCR; as short as 8 months in streamlined courts; 4 – 6 years if contested or appealed.

12. Effects of Final Judgment

Status: Parties revert to “single”; free to remarry once PSA annotation is complete.
Children:
- Annulment – children conceived before judgment remain legitimate.
- Nullity – children are legitimate if either or both parties acted in good-faith (putative marriage doctrine).
Property: Absolute Community or Conjugal Partnership dissolved; liquidation, settlement of debts, and distribution as co-ownership pending partition.
Succession: Ex-spouses no longer legal heirs.
Support & Custody: Court may order child support and custody arrangements (best-interest standard).
Name & Passport: Wife may resume maiden name; coordinate with DFA for passport change.

13. Recognition of Foreign Divorce

Allowed only if at least one spouse was a bona fide foreign citizen when divorce was obtained (SC Garcia-Recio 2001, Republic v. Orbecido 2005, Santos-Tayag 2010, Tan-Andal footnote).
Procedure resembles annulment petition (Rule 108 or A.M. 02-11-10).
Present authenticated foreign divorce decree and foreign law proving validity.

14. Church Annulment vs. Civil Annulment

Aspect	Roman Catholic Canonical Process	Civil Court Action
Ground	Canon 1095 defects, lack of form, etc.	Arts. 35-45 Family Code
Tribunal	Ecclesiastical (RC Metropolitan Tribunal; appeal to Rota)	RTC-Family Court
Effect	In foro interno; remarriage in Church	Legal capacity to remarry in State
Interaction	Often used as persuasive expert evidence for Art. 36	Requires separate civil case

15. Recent & Pending Reforms (as of June 2025)

Tan-Andal (2021) – relaxed proof of psychological incapacity; no longer demands expert witness in every case.
E-Courts & videoconferencing – Supreme Court directives allow remote appearance of witnesses (beneficial for OFWs).
Absolute Divorce Bill – re-approved by House (May 2024); pending in Senate. If enacted, it will add an option distinct from annulment/nullity.
Simplified PSA annotation – 2023 joint memo LCR & PSA allows electronic transmission of final judgments.
Gender-based Violence Reforms – RA 9262 amendments (2024) clarify that pending annulment/nullity does not bar VAWC protection orders.

16. Practical Tips for Petitioners

Document contemporaneously – keep journals, chats, medical records as events happen.
Expect scrutiny – Prosecutor and OSG will test for collusion; inconsistencies can doom the case.
Budget realistically – stagger fees; explore PAO (if income ≤ P14,000/month outside NCR or ≤ P16,000 within NCR).
Consider mediation – not for the decree itself (non-negotiable) but for custody/property to shorten trial.
Beware of “package deals” – ultra-cheap “guaranteed” annulments risk dismissal and criminal falsification.

17. Common Myths Debunked

Myth	Reality
Living apart for 5 years automatically annuls a marriage.	There is no “automatic annulment”; must file in court.
Signing a “mutual agreement” makes it faster.	Parties cannot waive State interest; collusion voids the case.
The psychologist determines the outcome.	Court may decide even without expert testimony (post-Tan-Andal).
Church annulment suffices for remarriage.	Civil status remains married until court decree is final & annotated.

18. Frequently Asked Questions

Can I remarry immediately after the decision? No. Wait for finality (15 days after receipt if unappealed) and for PSA annotation (1-3 months).
Will civil annulment affect my SSS/GSIS benefits? Yes – ex-spouse ceases to be a legal dependent; benefits devolve according to the Family Code hierarchy.
Is psychological incapacity always permanent? Legally, it must be incurable or grave. Temporary conditions (e.g., depression successfully treated) seldom qualify.
Can I use a foreign psychologist’s report? Yes, but must be authenticated and the expert must be available for video deposition or face Rule 132 objections.

19. Conclusion

Civil annulment or declaration of nullity in the Philippines is time-consuming, evidence-driven, and costly, but remains the only judicial path (for now) to sever a marriage that violates the Family Code. Since June 2021’s Tan-Andal ruling, courts adopt a more realistic, “totality-of-evidence” approach—lowering, though not eliminating, the evidentiary bar. Petitioners who prepare meticulously, avoid collusion, and ground their claims on solid facts stand the best chance of gaining “second-chance freedom” within a reasonable time and budget.

This article reflects laws, rules, and jurisprudence in force up to June 21, 2025.