Understanding the Declaration of Nullity of Marriage in the Philippines: Grounds and Effects

In Philippine law, there are situations where a marriage is considered void from the very beginning (void ab initio). Unlike annulment, where the marriage is valid until annulled, a void marriage is treated as if it never existed at all — but for purposes of record and certainty, a court must still issue a judicial declaration of nullity.

The Family Code of the Philippines enumerates the grounds for declaring a marriage void. These are distinct from the grounds for annulment or legal separation.

Grounds for Declaration of Nullity

A marriage may be declared void under the following provisions of the Family Code:

1. Absence of essential requisites (Article 35)

   • If either party was below 18 years old, even with parental consent.

   • If there was no valid marriage license, except in cases expressly exempted (e.g., marriages in articulo mortis).

   • If the marriage was solemnized by someone without legal authority.

   • If one party was already married to another at the time (bigamy).

   • If the marriage was void under Articles 37 and 38 (see below).

2. Psychological incapacity (Article 36)

   • If either spouse was psychologically incapacitated to comply with the essential marital obligations at the time of the marriage, even if such incapacity manifests only later. This is one of the most invoked but also most complex grounds, requiring expert testimony and jurisprudential guidance.

3. Incestuous marriages (Article 37)

   • Marriages between ascendants and descendants, between brothers and sisters (full or half blood), regardless of legitimacy.

4. Marriages void by reason of public policy (Article 38)

   • Marriages between step-parents and step-children, between parents-in-law and children-in-law, between the adopting parent and the adopted child, and other similar relationships prohibited by law.

   • Certain marriages are prohibited for reasons of public policy and are therefore void:

     Between collateral blood relatives within the fourth civil degree (e.g., first cousins).

     Between step-parents and step-children.

     Between parents-in-law and children-in-law.

     Between adopting parent and adopted child.

     Between the surviving spouse of the adopting parent and the adopted child.

     Between the surviving spouse of the adopted child and the adopter.

     Between an adopted child and a legitimate child of the adopter.

     Between adopted children of the same adopter.

     Between parties where one, with the intention to marry the other, killed the other person's spouse, or his/her own spouse.

5. Bigamous or Polygamous Marriages

   Bigamous or polygamous marriages are void, except where Article 41 applies. Article 41 allows remarriage if one spouse has been absent for four consecutive years (or two years in specific instances, such as danger of death situations) and is declared presumptively dead by a competent court.

6. Subsequent marriages without compliance with recording requirements (Article 53)

   • If the prior marriage was annulled or declared void, but no proper recording of such judgment and partition of properties was made, the subsequent marriage is void.

Effects of Declaration of Nullity

• Marriage considered void from the start — Treated as if no valid marriage ever existed.

• Property relations dissolved — The property regime is liquidated in accordance with the Family Code.

• Legitimacy of children — Children conceived or born before the declaration of nullity are considered legitimate under Article 54.

• Right to remarry — Once the judgment of nullity becomes final, either party may contract a valid marriage again, subject to recording requirements.

Distinction from Annulment and Legal Separation

• Nullity vs. Annulment: Nullity applies to marriages that were never valid, while annulment applies to marriages that are voidable due to defects in consent.

• Nullity vs. Legal Separation: Legal separation allows spouses to live apart and dissolve property relations, but the marriage bond remains intact.

The declaration of nullity of marriage is a remedy designed to clarify and formally recognize that a marriage never had legal existence. Because of its serious legal consequences on status, property, and children, this remedy requires a judicial proceeding and careful presentation of evidence.

Anyone considering this process should consult a qualified lawyer to determine whether the circumstances fall within the specific grounds laid down by law.

Source: Articles 35, 36, 37, 38, and 53, Family Code of the Philippines (Executive Order No. 209, as amended).