The Annulment Process in the Philippines

A comprehensive legal primer (updated April 2025)

Important – This article is for general information only. Because every marriage and every petition is fact-specific, consult a Philippine lawyer accredited to practice family law before taking action.

1. Overview: What “annulment” means in Philippine law

Term	Statutory basis	Essence	Effect
Declaration of Nullity	Arts. 35, 36, 37, 38 Family Code	Marriage was void from the start	Marriage is deemed never to have existed; the parties were never spouses.
Annulment (of a voidable marriage)	Arts. 45-46 Family Code	Marriage was valid until annulled by final judgment	Marriage exists until decree becomes final; once final it is set aside.
Legal Separation	Arts. 55-67 Family Code	Separation from bed and board only	Marriage bond remains; no capacity to remarry.

Because Filipinos still cannot divorce each other in civil law, a declaration of nullity or an annulment decree is the only route to regain the legal capacity to marry again (aside from the limited divorce a Muslim may obtain under P.D. 1083 or divorce abroad by a foreign spouse recognized under Art. 26 par. 2).

2. Grounds

2.1 Void marriages (declaration of nullity)

Lack of essential/requisite formalities – e.g., no authority of solemnizing officer, absence of marriage license, absence of a valid consent (Art. 35).
Psychological incapacity (Art. 36) – A grave, incurable, antecedent incapacity to perform the essential marital obligations. Jurisprudence (e.g., Tan-Andal v. Andal, G.R. Nos. 196359/20128, May 11 2021) liberalized the standard: total inability is not required, but the incapacity must be linked to the defective personality structure existing at the time of marriage.
Incestuous marriages (Art. 37) – between lineal relatives or within prohibited collateral degrees.
Void by public policy (Art. 38) – e.g., marriage between step-parent and step-child, or between adopter and adoptee.

Void marriages may be impugned at any time by any interested party, even after the spouses’ death; no prescriptive period.

2.2 Voidable marriages (annulment proper)

Lack of parental consent (Art. 45 ¶1): one spouse was 18–21 and consent was not obtained. Must be filed within five years after reaching 21.
Vitiated consent (Art. 45 ¶2): by fraud (Art. 46) or intimidation/undue influence. Must be filed within five years from discovery or from cessation of force.
Impotence or sexually-transmissible disease – existing and incurable at the time of marriage (Arts. 45 ¶5-6). Must be filed within five years of marriage.
Unsound mind (Art. 45 ¶3): Action may be filed by the sane spouse before the insane spouse’s death or by the insane spouse during lucid interval.

Voidable marriages remain valid until annulled and cannot be questioned by third parties. After prescription or death of either spouse, the marriage becomes unassailable.

3. Jurisdiction and venue

Petition filed in	Statutory rule
Regional Trial Court (RTC), designated Family Court of the province/city where: (a) the petitioner resides for at least 6 months immediately prior to filing; or (b) the spouses last co-habited (A.M. No. 02-11-10-SC, “Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages,” 2003).

4. Procedural roadmap

Consultation & case build-up
Secure certificates of marriage & live birth, gather proof of grounds (psychological evaluation, medical records, affidavits, photos, text messages, etc.).
Psychological evaluation (if Art. 36)
– Both petitioner and respondent may be examined; Supreme Court jurisprudence no longer requires the respondent’s evaluation if unavailable (Tan-Andal, 2021).
– Report must link traits to incapacity existing at time of marriage, be incurable, and explain how it impacts marital obligations.
Drafting & verification of petition
– Must allege jurisdictional facts, the acts constituting the ground, prayer for custody, support, property disposition, and restoration of maiden name if applicable.
Filing & docket fees
– Filing fee (≈ ₱3 000–₱4 000) + sheriff’s fee + mediation fee; lawyer’s professional fee varies widely (₱120 000 to ₱350 000+ depending on complexity and location). Indigent litigants may seek pauper litigant status.
Raffle & issuance of summons
– Court issues summons to respondent; if unserved, resort to substituted or publication service.
Pre-trial conference
– Mandatory appearance; issues are joined, possibility of settlement on collateral matters (custody, support, property) explored.
– Failure to appear may result in dismissal (petitioner) or allowance of ex-parte presentation of evidence (respondent).
Judicial Affidavits & presentation of evidence
– Testimony in chief is by sworn judicial affidavit; cross-examination is live. Required witnesses: petitioner, psychologist/psychiatrist (for Art. 36), corroborating witness (family/friend), and priest/solemnizing officer when ground is lack of authority.
Assistant City/Provincial Prosecutor & Fiscal’s report
– Checks for collusion. Court cannot proceed without a prosecutor’s certification of no collusion.
Office of the Solicitor General (OSG) intervention
– OSG is nominal public respondent; may oppose petition or appeal adverse rulings.
Decision
– Court must write a detailed decision within 90 days of submission. The dispositive portion states whether marriage is declared null and void, annulled, or dismissed, and rules on custody, support, and property division.
Finality & Entry of Judgment
– Decision becomes final 15 calendar days after receipt by parties/OSG if no appeal. RTC issues an Entry of Judgment.
Decree of Nullity/Annulment
– Separate, ministerial document ordering the Civil Registrar to annotate the marriage record; issued only after finality.
Annotation in civil registry
– Annotate in LCR of place of marriage and NSO/PSA central records; decree is ineffective against third persons until registration (Art. 52).
New civil status & capacity to remarry
– Upon PSA issuance of an annotated marriage certificate, parties regain the legal capacity to contract a new marriage.

Total timeline: 1 ½ – 3 years if uncontested, longer if appealed or congested court docket.

5. Effects of the decree

Aspect	Declaration of Nullity (void)	Annulment (voidable)
Property relations	Parties are co-owners of property acquired in good faith before decree (Art. 147 for unions in good faith, Art. 148 if bigamous).	Conjugal/ACP is dissolved; liquidation follows Art. 50-51.
Children’s status	Legitimate if marriage was void only due to Art. 36 (psychological incapacity) or Art. 35 (2) absence of authority but parties were in good faith; otherwise illegitimate (Art. 50-51 & jurisprudence).	Legitimate because the marriage was valid until annulled.
Successional rights	Same as above.	Legitimate.
Surnames	Wife may revert to maiden name.	Same.
Support & custody	Both parents obliged to support legitimate or illegitimate children.	Same.
Right to remarry	Yes, after final decree and PSA annotation.	Yes, after final decree and PSA annotation.

6. Common evidence pitfalls & practice tips

Inadequate link to marital obligations – Psychological reports that merely enumerate traits (narcissism, immaturity) but do not explain how these traits fatally impair the duties of marriage are routinely denied.
Curability – Courts deny petitions where therapy or medication could enable performance of marital duties.
Timeline mismatch – All Art. 36 manifestations must pre-date the wedding.
No corroboration – At least one third-party witness should confirm the spouses’ behavior.
Collusion indicators – Identical affidavits, scripted testimonies, or respondent’s “non-opposition” letters trigger denial.

7. Church annulment vs. civil annulment

Catholic Tribunal decisions have no civil effect. Many couples undergo canonical proceedings under Canon 1095 (lack of due discretion or incapacity to assume marital obligations) for religious conscience, but a separate civil petition is still necessary to remarry under Philippine law. Conversely, a civil decree does not bind the Church.

8. Costs in 2025 (indicative)

Item	Metro Manila	Provincial centers
Lawyer’s professional fee	₱150 000 – ₱400 000 (flat or staggered)	₱100 000 – ₱250 000
Psychologist fee/report	₱25 000 – ₱60 000	₱15 000 – ₱40 000
Court filing & sheriff	₱3 000 – ₱5 000	Similar
Publication (if required)	₱8 000 – ₱15 000	₱6 000 – ₱10 000
Misc./notarial/transcript	₱5 000 – ₱10 000	₱3 000 – ₱7 000

Pro bono: The Public Attorney’s Office (PAO) may accept nullity/annulment cases only when public interest is involved; most annulments are handled by the Integrated Bar of the Philippines (IBP) legal aid or private counsel.

9. Recent jurisprudential developments (2015 – 2025)

Psychological incapacity “not a medical but legal concept.” - Leonardo-Daza v. Daza (G.R. No. 203442, Apr 22 2014) reiterated Santos & Republic v. Court of Appeals & Molina tests but allowed flexible application.
Tan-Andal v. Andal (2021) eased the stringency: incapacity need not be “utterly” or “totally” disabling; expert testimony is still persuasive but not indispensable when the totality of evidence is sufficient.
Videoconference testimonies – Made permanent by A.M. No. 21-06-08-SC (2022), allowing overseas Filipinos to testify remotely, shortening trial calendars.
Rule on Provisional Orders in Family Cases (A.M. No. 19-08-15-SC, effective 2020) now lets courts issue interim custody/support orders within 30 days of filing the petition.
Equal property division even if only one spouse worked – Basilio v. Basilio (G.R. No. 237789, Oct 3 2023) held that in void marriages under Art. 147, actual monetary contribution need not be proven when one spouse rendered full-time domestic services.
Fixed docket fee schedules for indigents – OCA Circular 198-2024 standardized documentary stamp exemptions for qualified indigent litigants.

10. Practical checklist for petitioners

Secure PSA-issued certificates (marriage & children).
Gather proof of residency (barangay cert, IDs) for venue.
Retain counsel and discuss strategy (nullity vs. annulment grounds).
Undergo psychological evaluation if invoking Art. 36.
Prepare witness list and collate documentary exhibits (emails, chats, medical records).
Budget realistically and set aside contingency funds for publication or appeals.
After decree, file certified copies with LCR/PSA and update IDs, bank accounts, PhilHealth, SSS, etc. to reflect new civil status or surname.

11. FAQs

Question	Short answer
Can we file a “mutual” annulment?	No. Collusion is prohibited. Both spouses may cooperate factually, but the court-designated prosecutor must still certify no collusion.
Is living apart for many years a ground?	By itself, no. It may be symptomatic evidence of psychological incapacity but must satisfy Art. 36 elements.
Can a foreign divorce be recognized?	Yes, but only if the divorce was validly obtained by the foreign spouse or after the foreign spouse’s acquisition of foreign citizenship, per Art. 26 (2) and Republic v. C.A. & Orbecido (G.R. No. 154380, Oct 5 2005).
Do I need my spouse’s signature?	No. The petition is adversarial; the respondent’s consent is neither required nor solicited.
How soon can I marry again?	After (a) RTC decision becomes final, (b) decree of nullity/annulment is issued, and (c) PSA has annotated the marriage certification—typically 3–4 months post-decision.

12. Key statutory texts

Family Code of the Philippines (E.O. 209, as amended by E.O. 227, R.A. 8533, R.A. 10572).
A.M. No. 02-11-10-SC – Rules on Absolute Nullity/Annulment (2003).
A.M. No. 03-04-04-SC – Rule on Legal Separation.
A.M. No. 21-06-08-SC – Rules on Remote Appearance and Testimony.
A.M. No. 19-08-15-SC – Provisional Orders in Family Cases.
Civil Registry Law (Act 3753) & R.A. 9048/10172 for clerical corrections.

13. Concluding note

While the Philippines retains one of the world’s most restrictive matrimonial regimes, jurisprudence has steadily widened the gateway to marital dissolution, particularly through a more humane reading of psychological incapacity. Still, the evidentiary burden remains significant, costs are non-trivial, and timelines are slow. Careful preparation, realistic budgeting, and sound legal counsel are indispensable to navigate—and, ultimately, complete—the annulment process.