This is a comprehensive guide to the time limits (“prescriptive periods”) for filing a case to annul a marriage and closely related timing rules under the Philippine Family Code. It also clarifies the often-confused difference between annulment (voidable marriages) and declaration of nullity (void marriages). This is legal information, not legal advice.

I. “Annulment” vs. “Nullity”: Why this matters for deadlines

Annulment applies to a voidable marriage (valid until annulled). It has strict filing deadlines that depend on the ground.
Declaration of nullity applies to a void marriage (never valid from the start). As a rule, an action to declare absolute nullity does not prescribe (no deadline).
- Common “void” grounds include psychological incapacity, marriages within prohibited degrees (incest/public policy), lack of a marriage license (with narrow exceptions), and bigamous marriages that don’t meet statutory exceptions.

In everyday speech, people often say “annulment” for both. Legally, the prescriptive periods below apply only to annulment (voidable marriages). If your case is actually for nullity, the no-prescription rule generally applies (with narrow, statute-specific exceptions not typical in family cases).

II. Annulment (voidable marriage): Grounds and prescriptive periods

Under the Family Code, a marriage is voidable (annullable) for any of the six grounds below. Who may file and when you must file are tightly defined.

Quick reference table

Ground (Art. 45)	Who may file	When to file (Prescriptive period)
1) Lack of parental consent (party was 18–20 at marriage; consent of parent/guardian was required but missing)	- The party whose parental consent was lacking; or - The parent/guardian whose consent was required	- By the party: within 5 years after reaching 21; or - By the parent/guardian: before the party reaches 21
2) Insanity (one party was insane at the time of marriage)	- The sane spouse who had no knowledge of the insanity; or - The insane spouse (during a lucid interval or after regaining sanity); or - A relative/guardian of the insane spouse	Any time before the death of either party (no fixed year-count, but the case abates upon death)
3) Fraud (as legally defined; see notes below)	The injured party	Within 5 years after discovery of the fraud
4) Force, intimidation, or undue influence	The injured party	Within 5 years from the time the force/intimidation/undue influence ceases
5) Impotence (non-consummation due to physical incapacity existing at the time of marriage)	The injured party	Within 5 years from the date of the marriage
6) Serious and incurable sexually transmitted disease existing at the time of marriage	The injured party	Within 5 years from the date of the marriage

Key notes on “fraud” (Art. 46): Fraud is narrowly defined. Examples include: concealment of a prior conviction of a crime involving moral turpitude; concealment by the wife of pregnancy by another man at the time of marriage; concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism; concealment of an STD. Not every disappointment or misrepresentation qualifies.

III. The ratification bar: Living together can cure some defects

Even if you file on time, the law won’t annul the marriage if the injured party freely cohabited with the other after the defect ceased or was discovered (ratification by cohabitation). Typical applications:

Fraud: If, after discovering the fraud, the injured spouse freely resumes/continues marital cohabitation, annulment is barred.
Force/intimidation/undue influence: If the coercion stops and the injured spouse continues cohabitation voluntarily, annulment is barred.
Lack of parental consent: If the under-21 spouse freely cohabits with the other after turning 21, the defect is deemed cured.

This bar does not operate the same way for insanity, because the cause may be continuing and the law provides separate filing and standing rules.

IV. Computing the five-year periods (how to count)

From discovery (fraud): Count from the actual discovery of the qualifying fraud—keep documentation (e.g., messages, medical records, admissions) that shows when you learned of it.
From cessation (force/intimidation/undue influence): Count from the date the coercion ended (e.g., the day you were safely out from threats). If the coercion was intermittent, courts look for when the overriding pressure ceased to allow free choice.
From marriage date (impotence/STD): Count from the wedding day, not from discovery. This is strict; if you learn of the ground late, the clock may already be close to expiring.
From reaching age 21 (lack of parental consent):
- The party has five years after turning 21.
- The parent/guardian may file only until the youth turns 21.
Insanity: File any time before either spouse dies, subject to standing rules (who may file) and proof.

V. Standing (who may sue) matters as much as time

For most grounds, only the injured party can sue.
Insanity is special: the sane spouse (without prior knowledge), the insane spouse (during lucid interval/after recovery), or a relative/guardian may sue.
Lack of parental consent: the parent/guardian whose consent was required may sue—but only before the youth turns 21.

Filing by someone who lacks standing will be dismissed regardless of timing.

VI. Death of a party: effect on annulment and nullity

Annulment (voidable): The marriage ends by death; an annulment case generally abates if either spouse dies (insanity has the explicit “before death of either party” limit).
Nullity (void): Because a void marriage is invalid ab initio, courts may still take cognizance of a declaration of nullity action even after a spouse’s death if property or status issues remain—though practical strategies can differ (e.g., raised in settlement/estate proceedings).

VII. Consequences for children and property (timing tie-ins)

Children:
- For annulment and for nullity due to psychological incapacity, children conceived or born before the final judgment are treated as legitimate under the Family Code.
- For other void marriages, children are generally illegitimate but retain support and inheritance rights as provided by law.
Property:
- In annulment, the property regime is dissolved upon finality; bad-faith matters (forfeitures/reimbursements) can apply.
- In void marriages with cohabitation, property acquired by both may fall under co-ownership rules (different formulas under Articles 147/148), independent of any prescriptive period to sue for status.

These effects don’t change the annulment deadlines, but they are crucial when deciding which action to file.

VIII. Practical timeline playbook

Identify the correct remedy first: Annulment (voidable) vs Nullity (void). Your deadline depends on this choice.
Pin the “start date” that triggers prescription (see Section IV) and calendar the end date.
Avoid ratification by conduct if you intend to file (don’t freely resume cohabitation after discovery/cessation).
Preserve proof of timing (date of discovery, cessation, marriage certificate, age, medical findings).
File in the proper court (Family Court/RTC where either party resides), with required pleadings and supporting affidavits.
If close to the deadline, file asap and perfect any additional evidence through hearings and court-directed reports.

IX. FAQs (focused on deadlines)

Q1: We married 7 years ago; I discovered after the wedding that my spouse hid a serious STD. Can I still file annulment? For STD as a ground (serious and incurable existing at the time of marriage), the law fixes 5 years from the date of marriage, not from discovery. If more than five years have passed, that specific annulment ground has prescribed—though other remedies may still be explored, depending on facts.

Q2: I was 19 when I married without parental consent and kept living with my spouse. I’m now 24. You had until 26 (five years after turning 21) to file—but freely cohabiting after turning 21 ratifies the marriage and bars annulment on this ground, even if you’re within five years.

Q3: I learned of fraud three years after the wedding and filed four years after that. For fraud, the clock starts at discovery, not the wedding. If you filed within five years of discovery and didn’t ratify by cohabitation, you’re within time.

Q4: My spouse was insane; I didn’t know. It’s been many years. An annulment for insanity may be filed any time before the death of either party (subject to who files and proof). There’s no 5-year cap here.

Q5: What if my case is psychological incapacity? That’s typically a nullity ground (void marriage), so the action is imprescriptible. The issue is proof (gravity, juridical antecedence, incurability), not a filing deadline.

X. Takeaways

Annulment has strict, ground-specific deadlines and is also subject to the ratification bar.
Nullity is generally not time-barred.
Correctly classifying your case at the outset is the single most important step for managing deadlines.

One-page cheat sheet

Lack of parental consent (18–20) → by party: within 5 years after 21; by parent/guardian: before 21.
Insanity → before death of either party (standing rules apply).
Fraud → within 5 years from discovery (and no ratifying cohabitation).
Force/intimidation/undue influence → within 5 years from cessation (and no ratifying cohabitation).
Impotence → within 5 years from marriage date.
Serious & incurable STD → within 5 years from marriage date.
Psychological incapacity / other void grounds → no prescription (generally).

If you’d like, I can draft a deadline calculator (fill in dates, it computes the exact last day to file) and a pleading checklist tailored to your ground.