Process of Annulment and Declaration of Nullity of Marriage in the Philippines
- Atty. Ashley Martin-Rojo
- Jun 10
- 6 min read
Updated: Jun 14
INTRODUCTION
The dissolution of marriage in the Philippines is a matter of both legal and personal significance, governed by a complex interplay of statutory law, procedural rules, and evolving jurisprudence. As the only country (aside from the Vatican) where divorce remains generally unavailable, the processes of annulment and declaration of nullity of marriage serve as the primary legal remedies for spouses seeking to sever marital ties. Recent Supreme Court decisions and updated procedural rules have further clarified and, in some respects, streamlined these processes, underscoring the importance of understanding both the substantive and procedural requirements.
The Family Code of the Philippines (Executive Order No. 209) remains the principal law governing marriage and its dissolution. Complementing this are the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC), as well as the 1997 Rules of Civil Procedure and pertinent Supreme Court jurisprudence.
DISTINGUISHING ANNULMENT OF MARRIAGE FROM DECLARATION OF NULLITY
Annulment of Marriage: Applies to marriages that are valid until annulled by a court due to defects existing at the time of celebration (voidable marriages).
Declaration of Nullity of Marriage: Applies to marriages that are void from the beginning due to the absence of essential or formal requisites, or for reasons expressly declared by law (void ab initio marriages)
GROUNDS
FOR ANNULMENT OF MARRIAGE
Annulment applies to voidable marriages—those that are valid until annulled by a court. The Family Code enumerates specific grounds, including:
Lack of Parental Consent: If one party was between 18 and 21 years old and married without parental consent, the marriage may be annulled, provided no cohabitation occurred after reaching 21.
Insanity: If either party was of unsound mind at the time of marriage, unless there was subsequent cohabitation after regaining sanity.
Fraud: If consent was obtained by fraud, unless there was cohabitation after discovery.
Force, Intimidation, or Undue Influence: If consent was obtained through these means, unless there was cohabitation after the cause ceased.
Impotence: If either party was physically incapable of consummating the marriage and the incapacity is incurable.
Sexually Transmissible Disease: If either party was afflicted with a serious and incurable sexually transmissible disease at the time of marriage.
These grounds are detailed in Article 45 of the Family Code, with prescriptive periods and standing to file specified in Article 47. For example, an action based on fraud must be filed within five years from discovery, and only the injured party may file the petition. The law is clear that only the parties themselves may file for annulment, and the action must be brought within the lifetimes of both spouses. The Supreme Court has emphasized that voidable marriages cannot be assailed after the death of either party, unlike void marriages, which can be questioned even posthumously (Niñal, et al. v. Bayadog, G.R. No. 133778 (2000)).
FOR DECLARATION OF NULLITY OF MARRIAGE
A declaration of nullity applies to void marriages—those considered never to have existed. The Family Code and jurisprudence recognize several grounds, including:
Psychological Incapacity: Either party was psychologically incapacitated to comply with the essential marital obligations at the time of marriage (Baldovino-Torres v. Torres, G.R. No. 248675 (2022); Te v. Gutierrez Yu-Te, G.R. No. 161793 (2009)).
Absence of Essential or Formal Requisites: Such as lack of a marriage license (Niñal, et al. v. Bayadog, G.R. No. 133778 (2000)).
Incestuous or Bigamous Marriages: Marriages prohibited by law due to close blood relations or existing prior marriages (Family Code of the Philippines; THE MARRIAGE LAW, Act No. 3613).
Other Grounds: As provided by law, such as marriages solemnized by unauthorized persons without at least one party acting in good faith.
Unlike annulment, any interested party may file a petition for declaration of nullity, and the action is imprescriptible (Niñal, et al. v. Bayadog, G.R. No. 133778 (2000)).
PROCEDURAL GUIDE
1. Who May File
For declaration of nullity, only the husband or wife may file the petition, and, as clarified in recent jurisprudence, only the aggrieved or injured spouse has standing to do so. The Supreme Court in Quirit-Figarido v. Figarido, G.R. No. 259520 (2024) emphasized:
"An action for the declaration of nullity of a void marriage may be filed solely by the aggrieved or injured spouse..."
2. Venue
The petition must be filed in the Family Court of the province or city where either the petitioner or respondent has resided for at least six months prior to filing, or, in the case of a non-resident respondent, where he or she may be found (Office of the Court Administrator v. Justalero, 2023).
3. Participation of the State
The State, through the Office of the Solicitor General (OSG) and the public prosecutor, is an indispensable party. The court is mandated to prevent collusion and ensure that evidence is not fabricated or suppressed (Family Code, Art. 48; Puyat v. Puyat, G.R. No. 181614 (2021)).
4. Grounds and Time Limits
Annulment: Grounds and prescriptive periods are enumerated in Article 47 of the Family Code:
Lack of parental consent (within 5 years after reaching 21)
Insanity (before death of either party)
Fraud, force, intimidation, or undue influence (within 5 years from discovery or cessation)
Physical incapacity or sexually transmissible disease (within 5 years after marriage)
Nullity: No prescriptive period; action is imprescriptible (Pulido v. People, G.R. No. 220149 (2021)).
5. Trial and Evidence
The court must ensure that the evidence is substantial and not based on mere stipulation or confession (Family Code, Art. 48; Puyat v. Puyat, G.R. No. 181614 (2021)). Psychological incapacity, for instance, must be proven as grave, incurable, and existing at the time of marriage (Baldovino-Torres v. Torres, G.R. No. 248675 (2022)).
6. Decision and Finality
A decision granting the petition becomes final after 15 days from notice to all parties, including the OSG, provided no motion for reconsideration, new trial, or appeal is filed (Divinagracia v. Ozon, 2024):
"A decision granting a petition for declaration of nullity of void marriages and annulment of void marriages becomes final upon the expiration of 15 days from notice to the parties, including the OSG, and no motion for reconsideration or new trial, or appeal is filed..."
7. Issuance of Decree and Registration
Upon finality, the court issues a Decree of Nullity or Annulment only after compliance with Articles 50 and 51 of the Family Code, including liquidation of property and delivery of presumptive legitimes to children (Divinagracia v. Ozon, 2024; Republic v. Tangarorang, G.R. No. 272006 (2025)):
"The entry of judgment shall be registered in the Civil Registry where the marriage was recorded and in the Civil Registry where the Family Court granting the petition for declaration of absolute nullity or annulment of marriage is located."
KEY DEVELOPMENTS
Only the aggrieved spouse may file for declaration of nullity (Quirit-Figarido v. Figarido, 2024).
Children born before the declaration of nullity under Article 36 (psychological incapacity) remain legitimate (Republic v. Tangarorang, 2025).
The OSG and public prosecutor must actively participate to prevent collusion and protect public interest (Puyat v. Puyat, 2021).
The decree is issued only after compliance with property and child-related requirements, and must be registered with the appropriate civil registries (Divinagracia v. Ozon, 2024; Baldovino-Torres v. Torres, 2022).
The processes for annulment and declaration of nullity of marriage in the Philippines are marked by both legal rigor and evolving jurisprudence. Recent Supreme Court decisions have clarified standing, the legitimacy of children, and procedural safeguards, reinforcing the State’s commitment to the sanctity of marriage while providing relief to those in untenable unions. For those contemplating these remedies, a clear understanding of the law, recent jurisprudence, and procedural requirements is vital to navigating this challenging legal journey.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, this article may not reflect the most current legal developments or interpretations. Readers are encouraged to consult with a legal counsel for advice regarding their specific legal issues or concerns. The authors and publishers of this article disclaim any liability for actions taken or not taken based on the content of this article.