Annulment vs. Nullity: Understanding Annulment of Marriage in Philippine Law

Introduction

In the Philippines, annulment is one of the legal remedies available to end a marriage. Unlike legal separation, which does not dissolve the marriage bond, an annulment declares a valid marriage voidable due to defects present at the time of its celebration. Once annulled, the marriage is considered invalid from the beginning, but only after a court declares it so.

The Family Code of the Philippines specifies the grounds for annulment under Articles 45 and 46. These grounds must be proven in court before a marriage can be annulled.

Grounds for Annulment of Marriage

Under Article 45 of the Family Code, the following are recognized grounds:

1. Lack of parental consent — If one party was between 18 and 21 years old and married without parental consent. The action must be filed within five (5) years after reaching age 21.

2. Insanity — If a spouse was insane at the time of marriage, unless such spouse regained sanity and freely cohabited with the other spouse after regaining sanity.

3. Fraud — If consent to the marriage was obtained through fraud. Examples include:

   • Concealment of a prior conviction for a crime involving moral turpitude.

   • Concealment of a sexually transmissible disease (STD) found to be serious and incurable.

   • Concealment of pregnancy by another man at the time of marriage.

4. Force, intimidation, or undue influence — If consent was obtained through these means, unless the coerced spouse freely cohabited with the other after the intimidation or force ceased.

5. Physical incapacity — If a spouse is physically incapable of consummating the marriage, and this incapacity appears to be incurable.

6. Sexually transmissible disease (STD) — If a spouse was afflicted with a serious and incurable STD at the time of marriage.

Effects of Annulment

When a marriage is annulled:

• Marital ties are severed — The marriage is deemed void from the beginning, but only after judicial declaration.

• Property regime is dissolved — The absolute community or conjugal partnership is liquidated.

• Custody and support — The court will decide child custody, always prioritizing the best interests of the child.

• Legitimacy of children — Children conceived or born before the annulment are still considered legitimate under Article 54 of the Family Code.

Distinction from Other Remedies

• Annulment vs. Legal Separation: Legal separation does not dissolve the marriage bond, while annulment declares it voidable.

• Annulment vs. Declaration of Nullity: Nullity applies to marriages that were void from the very beginning (void ab initio), such as bigamous or psychologically incapacitated marriages.

Annulment is a complex and highly procedural remedy under Philippine law. A petition must be filed before the proper family court, and strong evidence must be presented to establish the grounds.

If you are considering annulment, it is crucial to consult with a lawyer who can evaluate your specific situation and guide you through the legal process.

📚 Source: Articles 45–46, Family Code of the Philippines (Executive Order No. 209, as amended).