Disclaimer: The following is a general discussion of the laws and procedures on filing a Petition for Declaration of Nullity (Void Marriage) in the Philippines, based on the Family Code of the Philippines and related rules. This is not legal advice. For specific guidance, consult a qualified attorney.

1. Overview of Void vs. Voidable Marriages

1.1 Distinguishing “Void” from “Voidable” Marriages

Void Marriage: A marriage that is deemed never to have existed from the start (void ab initio). It cannot be ratified or made valid by any subsequent act or lapse of time.
Voidable (Annulable) Marriage: A marriage that is valid until it is annulled. Certain defects present at the time of marriage allow a spouse (or, in specific instances, other authorized persons) to seek a court decree of annulment. If not challenged, a voidable marriage may continue to be recognized as valid.

In Philippine law (primarily the Family Code), you file:

“Petition for Declaration of Nullity of Marriage” for void marriages.
“Petition for Annulment of Marriage” for voidable marriages.

Despite some colloquial or overlapping references, “nullity” and “annulment” are different actions with different legal grounds and implications.

2. Legal Grounds for Void Marriages Under the Family Code

Article 35, 36, 37, 38, and other related provisions of the Family Code enumerate the grounds on which a marriage is considered void. Generally, a marriage is void in any of the following circumstances:

Marriage Contracted by Minors Below the Age Requirements (Article 35[1])
- Where either party is below 18 years of age at the time of the marriage, even with parental consent.
Marriage Solemnized by an Unauthorized Officer (Article 35[2])
- The officer or person who performed the marriage ceremony had no legal authority and either party believed in good faith that the solemnizing officer had authority.
- If neither party believed in good faith, the marriage is also void.
Marriage Without a Valid Marriage License (Article 35[3])
- A marriage contracted without securing the required marriage license from the local civil registrar (subject to certain exceptions, e.g., marriages of exceptional character like those under Article 34—cohabiting parties of at least five years, which might not require a license if all legal requirements are met).
Bigamous or Polygamous Marriages (Article 35[4])
- A marriage contracted when a prior valid marriage is still subsisting, except as provided under Article 41 (presumption of death).
Mistake in Identity (Article 35[5])
- A marriage contracted through a mistake as to the identity of one of the parties.
Psychological Incapacity (Article 36)
- A marriage where either party is psychologically incapacitated to comply with the essential marital obligations. Philippine jurisprudence requires the incapacity to be grave, incurable, and existing at the time of marriage.
- In practice, this requires a thorough psychological assessment and judicial process for the court to declare the marriage void.
Incestuous Marriages (Article 37)
- Marriages between ascendants and descendants of any degree, or between brothers and sisters (whether full or half-blood).
Marriages Against Public Policy (Article 38)
- Marriages within certain degrees of affinity (e.g., between a step-parent and stepchild) or other relationships prohibited by law.
Subsequent Marriage without Compliance with Article 52 or Article 53
- In certain cases (e.g., after a declaration of nullity or annulment, or after a judgment of legal separation of property), the spouse who remarries must comply with registration requirements regarding property settlement. If they fail, the subsequent marriage is considered void.

3. Who May File the Petition

Under the Family Code and the Rules on Declaration of Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC):

Generally, either spouse can file the Petition for Declaration of Nullity of Marriage.
In certain void marriages, specific parties (e.g., parents, guardians, or other heirs) may file, especially when the incapacity or minority of one party is in question, or if the marital status affects property and inheritance rights.

4. Where to File (Jurisdiction)

Family Court of the province or city where the petitioner or the respondent has resided for at least six (6) months prior to the filing.
- Family Courts (Regional Trial Courts designated as Family Courts) have exclusive original jurisdiction over these cases.
If the petitioner is a non-resident Filipino or overseas Filipino worker, the petition may be filed where the respondent or his/her representative resides in the Philippines.

5. Documentary Requirements and Steps

Although specifics can vary by court, common documents and steps to prepare include:

Petition: A verified Petition for Declaration of Nullity of Marriage stating:
- Jurisdictional facts (addresses, date and place of marriage, etc.).
- Factual and legal grounds for nullity (e.g., psychological incapacity, bigamy).
- Compliance with procedural rules (no collusion, attempt at reconciliation if feasible, etc.).
Attachments (commonly required):
- Marriage Certificate (certified true copy).
- Birth Certificates of parties (and if relevant, children).
- Proof of identity or other relevant documents (e.g., medical/psychological reports, if citing psychological incapacity).
- Judicial Affidavits, testimonies, or any documentary evidence to prove the alleged ground(s).
Filing and Docket Fees:
- Payment of required filing fees, which vary depending on the nature of the case and the court.
Pre-trial and Collusion Investigation:
- After filing, the case typically goes through pre-trial where issues are simplified, witnesses and documents are marked, and the possibility of settlement (where applicable) is explored.
- A Public Prosecutor (or City/Municipal Prosecutor) is required by the Rules to investigate whether there is collusion between the parties (i.e., they are not simply fabricating grounds to obtain a decree).
Trial Proper:
- Presentation of evidence, testimonies (including expert witness or psychologist/psychiatrist for Article 36 cases).
- Cross-examination by the opposing counsel or prosecutor.
Decision:
- If the court is satisfied that the marriage is void based on the evidence and the law, it will issue a Decision or Decree of Declaration of Nullity of Marriage.
Registration:
- The court’s decision must be registered with the local civil registrar where the marriage was recorded, and also with the Philippine Statistics Authority (PSA). This is essential to update the civil registry.

6. Effects of a Void Marriage

Once a marriage is declared void:

Parties’ Status: The parties revert to being “single,” as the marriage is treated as if it never existed.
Property Relations:
- Typically, property acquired during the invalid marriage is governed by co-ownership (in the absence of a valid marriage settlement).
- In practice, the court may also determine how to partition property acquired jointly, with due consideration to each party’s contribution, presence of bad faith, etc.
Legitimacy of Children:
- Children conceived or born before the judgment of nullity are generally considered legitimate if the marriage is declared void under Article 36 (psychological incapacity) or under Article 52.
- For other void marriages, the legitimacy question can be more complex; the Family Code (Articles 50, 54) provides that children conceived in certain unions might still be considered legitimate or illegitimate depending on the specific grounds of nullity.
- It is crucial to clarify with the court whether the children retain “legitimate” status, as the court may require additional proof or clarifications.
Successional Rights:
- If the marriage was void ab initio and no exceptions apply (e.g., children remain legitimate in some cases), the parties do not inherit as spouses from each other. However, children determined to be legitimate under the Family Code will have full inheritance rights from both parents.

7. Common Grounds and Practical Considerations

7.1 Psychological Incapacity (Article 36)

Most commonly invoked ground, but also the most complex.
Requires thorough psychological or psychiatric evaluation, evidence of incapacity to fulfill “essential marital obligations,” and proof that the condition existed at the time of the marriage (though it may manifest only later).

7.2 Bigamous Marriages

A straightforward ground if documentary proof exists that one spouse had a prior valid and still-subsisting marriage at the time of contracting the second marriage.

7.3 Lack of Marriage License

A surprisingly frequent basis for nullity when the parties never secured a valid license or the license was invalid/expired.
A recognized exception is Article 34 (for couples who have lived together as husband and wife for at least five years and have no legal impediments), which dispenses with the license. However, strict compliance with that provision is required; any misrepresentation about the cohabitation period can invalidate the exemption.

8. Timeline and Costs

The length of time can vary widely: from 1 year to several years, depending on the court’s schedule, the complexity of issues, availability of witnesses, and possible appeals.
Costs include:
1. Filing Fees: Vary by court but can be several thousand pesos.
2. Attorney’s Fees: Depend on the law firm or lawyer, complexity of the case, and location.
3. Psychological/Medical Examination Fees (if Article 36 is used).
4. Miscellaneous (e.g., transcript, documentary evidence, publication fees if required, etc.).

9. Possible Outcomes and Appeals

Grant of Petition: The court declares the marriage void.
- This decision must be registered with the local civil registrar and the PSA.
Denial of Petition: The marriage is not declared void.
- The petitioner can appeal the denial to the Court of Appeals and potentially the Supreme Court.
Partial Grant (less common): Where the court addresses certain property or child-related issues differently from what was prayed for but upholds the main declaration of nullity.

10. Practical Tips

Seek Competent Legal Counsel Early
- Nullity cases can be procedurally and substantively complex. An experienced family lawyer can guide you through gathering evidence, preparing the petition, and trial.
Prepare All Documents Thoroughly
- Inconsistencies in the marriage certificate, license, or personal records can significantly affect the case. Have certified true copies ready.
Understand the Importance of Good Faith and Collusion Prohibition
- Courts are strict about ensuring there is no collusion—both parties cannot simply “agree” to declare the marriage void. Evidence must be independently convincing.
Consider the Children’s Welfare
- Courts often require that the welfare and legitimacy/illegitimacy status of children be clarified. Issues of custody, support, and property partition may be tackled in the same or a separate proceeding.
Attend All Hearings and Pre-trial Conferences
- Missed hearings can lead to delays or dismissal of the petition.

11. Conclusion

Filing a Petition for Declaration of Nullity of Marriage (void marriage) in the Philippines is a legal remedy to formally recognize that a marriage was invalid from the beginning. It involves:

Knowing the specific legal grounds under the Family Code.
Filing in the proper court with complete documentary evidence.
Participating in a trial-like proceeding with rigorous scrutiny from both the court and the public prosecutor.

If the court grants the petition, the decree confirms that the marriage never existed in the eyes of the law. This can have significant personal, property, and familial consequences—hence the need for careful and well-advised legal action. For a successful and efficient resolution, it is best to seek help from a qualified family law attorney who can navigate Philippine court procedures, ensure compliance with technical requirements, and protect all parties’ rights and interests throughout the process.