To comprehensively discuss the grounds available in the Philippines to declare null and void marriages celebrated abroad, we must delve into the pertinent laws, jurisprudence, and guidelines that outline the application of Philippine civil law to marriages contracted outside Philippine jurisdiction.

Legal Framework

Philippine Family Code and Applicability to Foreign Marriages
- Under Article 26 of the Family Code of the Philippines, a marriage validly celebrated abroad is generally recognized as valid in the Philippines. However, if any of the essential requisites for marriage under Philippine law are not met, the marriage may be challenged as null and void.
- The general principle is the lex loci celebrationis—the law of the place where the marriage was celebrated governs its validity. Nevertheless, if parties to the marriage are Filipinos, Philippine law follows them even if they contract marriage outside the Philippines.
Jurisdiction of Philippine Courts
- Philippine courts have jurisdiction over a case involving the declaration of nullity of marriage celebrated abroad if at least one party is a Filipino citizen or if residency requirements are met for filing a petition. Article 15 of the Civil Code mandates that laws related to family rights and duties are binding on Filipino citizens even if they are abroad.
- A Filipino spouse, or in certain cases a foreign spouse, may petition for nullity under the Family Code if they meet the grounds and requirements as stipulated under Philippine law.

Grounds to Declare Marriages Celebrated Abroad Null and Void in the Philippines

Marriages contracted abroad by Filipino citizens or involving a Filipino party may be declared null and void based on the grounds specified in Articles 35, 36, 37, and 38 of the Family Code, which apply to all marriages irrespective of the location of the celebration. These grounds include:

Absence of Essential and Formal Requisites (Article 35)

The absence of the essential or formal requisites for marriage under Article 2 of the Family Code renders a marriage void ab initio:
- Lack of Legal Capacity of the Contracting Parties: Both parties must meet the age requirement (18 years old or older). If either party is underage or otherwise legally disqualified (e.g., already married), the marriage is void.
- Absence of Mutual Consent: The contracting parties must freely consent to marry, without force, intimidation, or fraud. Any form of coercion or deception that undermines true consent may be grounds for nullity.
- Non-compliance with Formal Requisites: Under Article 3, a marriage must be solemnized by an authorized officiant and in the presence of at least two witnesses of legal age. If these formalities are disregarded, the marriage may be voided.
Psychological Incapacity (Article 36)
- Article 36 of the Family Code provides that a marriage may be declared void if one or both spouses were psychologically incapacitated to comply with the essential marital obligations. Psychological incapacity is a mental incapacity that renders an individual incapable of understanding or fulfilling marital responsibilities.
- Jurisprudence such as Republic v. Molina established guidelines for proving psychological incapacity, requiring it to be (a) medically or clinically rooted, (b) existing at the time of marriage, (c) grave in nature, and (d) incurable.
Incestuous Marriages (Article 37)
- Article 37 renders marriages void if they are between parties who are closely related by consanguinity, specifically between:
  - Ascendants and descendants (parent and child).
  - Siblings, whether full or half-blood.
- Incestuous marriages are void irrespective of the location where the marriage was celebrated.
Void Marriages Due to Public Policy (Article 38)
- Article 38 declares certain marriages void based on public policy:
  - Between collateral relatives up to the fourth civil degree (e.g., first cousins).
  - Between step-parent and step-child.
  - Between step-siblings, among other relationships specified by the law.
Bigamous or Polygamous Marriages (Article 35)
- A subsequent marriage entered into by a person who is already legally married to another party is void, unless the first marriage has been legally annulled or the first spouse is presumed dead under Article 41 of the Family Code.
- The exception is if a judicial declaration of presumptive death has been obtained in compliance with Article 41.
Marriage Celebrated with Fraud, Force, or Intimidation
- Marriages entered into through fraud or under duress are void if it can be proven that one of the parties lacked genuine consent at the time of marriage due to force, intimidation, or fraud.
- Examples of fraud include misrepresentation of pregnancy, deception regarding identity, or coercion through physical threats.

Special Considerations: Mixed Marriages (Article 26, Paragraph 2)

Marriage with a Foreigner and Subsequent Divorce
- If a Filipino citizen marries a foreigner, and the foreign spouse subsequently obtains a divorce that capacitates them to remarry, the Filipino spouse is also considered free to remarry under Article 26, Paragraph 2.
- This provision is specifically crafted for Filipino citizens to prevent unfair situations where the foreign spouse, having divorced, can remarry, but the Filipino is left bound by the marriage due to Philippine restrictions on divorce.
Recognition of Foreign Divorce Decree
- Philippine courts may recognize a divorce decree obtained abroad if it grants the foreign spouse the capacity to remarry. This requires a judicial recognition of the foreign divorce through a petition for recognition of foreign judgment.

Evidentiary Requirements for Petition for Nullity of Marriage

To succeed in a petition for nullity, the petitioner must present:

Authenticated copies of marriage and relevant documents from the foreign country.
Proof of residence if jurisdictional requirements necessitate it.
Evidence supporting grounds for nullity: psychological evaluations (for Article 36 cases), sworn statements, and other documents or testimonies that substantiate the absence of essential requisites or other grounds.
Expert testimonies may be necessary, especially for cases involving psychological incapacity.

Conclusion

The validity of marriages celebrated abroad and their nullity in the Philippines hinges on whether the marriage adheres to the essential requisites mandated by Philippine law. Philippine courts have the authority to nullify foreign marriages based on statutory grounds under the Family Code.