Before You File: Understanding Annulment Under Philippine Law

Annulment in Philippine law sets aside a voidable marriage for specific, narrow grounds and within strict time limits. It is different from a declaration of nullity, which recognizes a marriage as void from the start.

Voidable marriages under Article 45 of the Family Code are considered valid and produces all its civil effects until it is set aside by a competent court in an action for annulment. It is capable of ratification, and cannot be assailed collaterally except in a direct proceeding.

What is annulment?

Annulment targets a voidable marriage—one that is valid until a court annuls it. Grounds are limited (Family Code, Art. 45): lack of parental consent (when a party was 18–20), insanity, fraud, force/intimidation/undue influence, impotence, and serious incurable sexually transmitted disease. Each ground has a specific prescriptive period (Art. 47), generally five years counted from well-defined trigger events (e.g., discovery of fraud; cessation of force).

How is it different from a declaration of nullity?

Nullity (e.g., psychological incapacity under Art. 36, bigamous marriage, void due to absence of a requisite or presence of an impediment) recognizes that the marriage never legally existed. Evidence can include expert testimony on psychological incapacity; personal examination of the other spouse is not indispensable if the totality of evidence suffices. Pulido confirms voidable marriages are valid until annulled, while void marriages are non-existent from the beginning. 

Proof and process 

Annulment is a strictly grounded, time-barred remedy. Petition is filed in the Family Court; the public prosecutor participates to guard against collusion; finality comes only upon a decree. Psychological incapacity, by contrast, supports a petition for declaration of nullity, proven by the totality of evidence—often with expert analysis explaining the gravity, antecedence, and incurability of the incapacity.

Guidelines 

Because annulment applies only to voidable marriages, start by matching facts to a specific ground under Art. 45 and check prescription under Art. 47. If the facts instead suggest a void marriage (e.g., psychological incapacity, bigamy, lack of a formal or essential requisite), the proper remedy is a petition for declaration of nullity, not annulment. Evidence planning should align with the chosen theory: documentary, testimonial, and, when relevant, expert evidence.

Conclusion

Because annulment addresses only voidable marriages on narrow grounds and within strict deadlines, the first step is to classify the marriage as voidable or void. File the right petition, build evidence around the statutory elements, and avoid “shortcut” schemes that promise quick results.

*This blog post is intended for informational and academic purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified lawyer for advice specific to their individual circumstances.

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