Marriage in the Philippines is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation. The Family Code of the Philippines (Executive Order No. 209, as amended), which took effect on August 3, 1988, is the principal statute that regulates the validity of marriages, the grounds for their annulment or declaration of nullity, and the procedures therefor. Because absolute divorce is not recognized under Philippine law (except for Muslim Filipinos under the Code of Muslim Personal Laws and for former Filipinos who obtain divorce abroad under specific conditions), annulment and declaration of nullity serve as the primary legal mechanisms to dissolve a marriage and allow the parties to remarry.

It is essential to distinguish between two distinct remedies under the Family Code: (1) declaration of nullity of marriage (applicable to marriages that are void ab initio—i.e., invalid from the beginning and producing no legal effects) and (2) annulment of marriage (applicable to marriages that are voidable—i.e., valid until judicially annulled). Although the term “annulment” is popularly used to encompass both remedies, the legal distinctions affect the grounds, prescriptive periods, who may file the action, and the consequences of the decree.

I. Void Marriages: Declaration of Absolute Nullity

A void marriage is considered as if it never existed. It may be attacked collaterally in any proceeding and at any time, subject to the rule that a judicial declaration is required before a party may remarry (Article 40, Family Code). The grounds are exhaustively provided in Articles 35, 36, 37, 38, and 41 of the Family Code.

A. Article 35 – Absence of Essential or Formal Requisites

A marriage is void if any of the following essential or formal requisites is absent:

Any party is below eighteen (18) years of age even with parental consent.
The marriage is solemnized by any person not authorized to perform marriages (except in cases of marriages in articulo mortis or remote places under Articles 27–34).
There is no marriage license (except in the exempt cases enumerated in Articles 27–34, such as marriages in articulo mortis, among Muslims, or in remote places).
The marriage is bigamous or polygamous, unless the prior spouse has been absent for the periods prescribed in Article 41 and a summary proceeding for declaration of presumptive death has been instituted.
There is a mistake as to the identity of the contracting party.
A subsequent marriage is contracted before the judicial declaration of nullity or annulment of a previous marriage is recorded in the appropriate civil registry (Article 40).

B. Article 36 – Psychological Incapacity

One of the most litigated grounds, Article 36 declares a marriage void if one or both parties, at the time of the celebration of the marriage, were psychologically incapacitated to comply with the essential obligations of marriage. The incapacity must be:

Grave (serious and beyond mere difficulty or refusal);
Juridically antecedent (existing at the time of the marriage, though its manifestations may appear later);
Incurable (not subject to medical or other cure within reasonable limits).

Jurisprudence has established strict standards: the incapacity must be rooted in a psychological illness or disorder, not merely a personality trait, and must be proven by expert testimony (usually from a clinical psychologist or psychiatrist) showing that the party is incapable of fulfilling marital obligations such as mutual love, respect, fidelity, and support. The totality of evidence, including the parties’ behavior before and after the marriage, is considered. Psychological incapacity is a ground personal to the spouse; it cannot be invoked by third parties after the death of either spouse.

C. Article 37 – Incestuous Marriages

Marriages between:

Ascendants and descendants of any degree (legitimate or illegitimate);
Brothers and sisters, whether of the full or half blood.

These marriages are void regardless of consent or ratification.

D. Article 38 – Marriages Against Public Policy

Marriages between:

Collateral blood relatives up to the fourth civil degree (first cousins and closer);
Step-parents and step-children;
Parents-in-law and children-in-law;
Adopting parent and adopted child;
Surviving spouse of the adopting parent and the adopted child;
Surviving spouse of the adopted child and the adopter;
Adopted children of the same adopter;
Parties where one, with the intention to marry the other, kills the latter’s spouse or his or her own spouse.

Affinity relationships under Article 38 subsist even after the marriage that created the affinity is dissolved by death.

E. Article 41 – Remarriage After Presumptive Death Without Proper Proceedings

If a spouse contracts a second marriage after the other has been absent for four years (or two years in cases of danger of death) without instituting a summary proceeding for declaration of presumptive death under Article 41 and Rule 108 of the Rules of Court, the subsequent marriage is bigamous and therefore void.

II. Voidable Marriages: Annulment

A voidable marriage is valid and produces all legal effects until a court annuls it. Only the aggrieved party may file the petition, and ratification may bar the action. The grounds are enumerated in Article 45:

The party was eighteen (18) but below twenty-one (21) years of age and the marriage was solemnized without the consent of the parents or guardian whose consent is required.
Either party was of unsound mind at the time of the marriage.
The consent of either party was obtained by fraud. Article 46 specifies the following acts as constituting fraud:
- Non-disclosure of a previous marriage (even if subsequently terminated);
- Concealment by the wife of the fact that at the time of the marriage she was pregnant by a man other than her husband;
- Concealment of a sexually transmissible disease that is serious and incurable;
- Concealment of drug addiction, habitual alcoholism, or homosexuality.
The consent of either party was obtained by force, intimidation, or undue influence.
Either party was physically incapable of consummating the marriage, and such incapacity is incurable (impotence).
Either party was afflicted with a sexually transmissible disease that is serious and incurable and was not known to the other at the time of the marriage.

Prescriptive Periods and Ratification (Article 45, last paragraph, and Article 47):

For lack of parental consent: within five (5) years after the party attains twenty-one years of age. The marriage may be ratified by cohabitation after reaching majority.
For unsound mind: anytime before the death of either party, or by the guardian during the lifetime of the incapacitated spouse.
For fraud: within five (5) years after the discovery of the fraud.
For force, intimidation, or undue influence: within five (5) years from the time the force, intimidation, or undue influence ceased.
For impotence or serious STD: within five (5) years after the marriage.

Ratification by free cohabitation after the ground has ceased extinguishes the action for annulment.

III. Procedural Aspects: The Rule on Declaration of Absolute Nullity and Annulment

The procedural rules are governed by the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC, effective March 15, 2003), which applies to both nullity and annulment petitions. Key steps include:

Filing of the Petition
A verified petition is filed by the proper party (usually the aggrieved spouse) with the Family Court of the Regional Trial Court (RTC) of the city or province where the petitioner or the respondent has resided for at least six (6) months immediately preceding the filing. The petition must allege the facts constituting the ground and must be accompanied by a certification against forum shopping.
Summons and Service
Summons is served on the respondent. If the respondent cannot be located, publication may be ordered. The respondent must file an answer within fifteen (15) days.
Investigation by the Public Prosecutor
The public prosecutor or the Office of the Solicitor General is required to investigate whether there is collusion between the parties. If collusion is found, the petition may be dismissed. The prosecutor participates in the proceedings to protect the institution of marriage.
Preliminary Conference and Pre-Trial
A preliminary conference is held to simplify issues and explore possible settlement on matters other than the validity of the marriage (e.g., child custody, support, property relations).
Trial on the Merits
Evidence is presented, including testimony of the parties, witnesses, and, in psychological-incapacity cases, expert psychiatric or psychological evaluation. The court may appoint its own expert if necessary. For voidable marriages, the petitioner must prove the ground existed at the time of the marriage.
Decision and Appeal
The court renders a decision declaring the marriage null and void or annulling it. The decision becomes final only after the lapse of fifteen (15) days from notice and after the Office of the Solicitor General has been furnished a copy. Either party may appeal. A motion for reconsideration is allowed.
Registration of the Decree
Upon finality, the decree must be registered in the Local Civil Registry where the marriage was recorded and in the National Statistics Office (now Philippine Statistics Authority). Only after registration can the parties remarry.
Provisional Remedies
During the pendency of the case, the court may issue orders on child custody, support, visitation rights, protection orders against violence, and administration of conjugal or absolute community property.

IV. Effects of the Decree of Nullity or Annulment

Once the decree becomes final:

The marriage is dissolved, and the parties regain the capacity to remarry.
Children conceived or born before the decree becomes final are considered legitimate (Article 54).
The property regime is liquidated in accordance with the rules on co-ownership or the regime agreed upon (absolute community, conjugal partnership, or complete separation), with forfeiture of shares in certain cases (e.g., bad faith).
The court may award moral and exemplary damages, attorney’s fees, and other reliefs where warranted.
The innocent spouse may use the surname of the other spouse until remarriage.
Parental authority and support obligations continue with respect to the children.

V. Distinction from Legal Separation

Legal separation (Articles 55–67) does not dissolve the marriage bond; the parties remain married and cannot remarry. Grounds include repeated physical violence, moral pressure, drug addiction, habitual alcoholism, sexual infidelity, abandonment, and others. Reconciliation is encouraged, and the action prescribes in five (5) years. Legal separation may be converted into nullity or annulment if a ground for the latter exists, but the remedies are independent.

VI. Practical Considerations and Jurisprudential Trends

Petitions for nullity or annulment are emotionally, financially, and temporally demanding. Psychological evaluations, expert witnesses, and prolonged litigation often result in cases lasting several years. The Supreme Court has repeatedly emphasized the strict interpretation of Article 36 to prevent abuse. Courts require clear and convincing evidence; mere incompatibility, irreconcilable differences, or emotional immaturity do not suffice.

The action for declaration of nullity may be filed by either party, by the prosecutor in certain cases, or even collaterally in other proceedings (subject to Article 40). In contrast, annulment actions are personal and imprescriptible only in specific instances (unsound mind). After the death of either spouse, an action for nullity may still be filed by the surviving spouse or heirs if property rights are involved, but annulment actions generally abate.

The Family Code provisions and the 2003 Rule represent a comprehensive statutory and procedural framework designed to balance the sanctity of marriage with the protection of individual rights and the welfare of children. Every petition is evaluated on its own facts, and judicial decisions continue to shape the application of these grounds in light of evolving social realities while upholding the constitutional policy of protecting the family as a basic social institution.