Grounds for Void Marriage in the Philippines: A Comprehensive Overview

In Philippine law, the concept of a “void marriage” is crucial in distinguishing marriages that are legally nonexistent from those that are merely defective but still valid unless annulled. Under the Family Code of the Philippines (Executive Order No. 209, as amended), certain marriages are deemed void from the very beginning — meaning that, in the eyes of the law, these marriages never came into existence. This article explains what void marriages are, how they differ from voidable (annulable) marriages, and enumerates the principal legal grounds on which a marriage may be declared void in the Philippines.

1. What Is a Void Marriage?

A marriage is considered void (or “void ab initio”) when it suffers from a defect so serious that the law treats it as if it never took place. In other words, there is no marriage to speak of from the start, and neither party acquires any marital rights or obligations. Nonetheless, for practical purposes (e.g., affecting property rights, inheritance, legitimacy of children), a judicial declaration of nullity of a void marriage is still required by Philippine courts before the parties are free to marry again or to settle related legal matters.

2. Void vs. Voidable (Annulable) Marriages

Philippine law distinguishes between void and voidable marriages:

Void Marriage:
- Deemed invalid from the beginning.
- No legal effects arise from the marriage (except with respect to legitimate status of children in certain cases).
- A petition for Declaration of Nullity of Marriage is required to officially confirm that the marriage was void from the start.
Voidable (Annulable) Marriage:
- Valid until it is annulled by a competent court.
- Can be terminated only upon the filing and granting of a Petition for Annulment.
- Defects rendering a marriage voidable include lack of parental consent (if between 18 and 21 years old), fraud, force or intimidation, impotence, and sexually transmissible disease found to be serious and incurable, among others (Article 45, Family Code).

Whereas void marriages rest on defects so fundamental that the law gives them no effect, voidable marriages contain curable or remediable defects — meaning that if no petition is filed to annul the marriage, it remains valid.

3. Grounds for Void Marriage Under the Family Code

Several specific situations render a marriage void in the Philippines. These grounds are found predominantly in Articles 35, 36, 37, and 38 of the Family Code, with additional provisions under Articles 40, 41, and 44. Below is a detailed discussion of each.

3.1. Marriage Contracted by Persons Below Eighteen (Article 35[1])

“Those contracted by any party below eighteen years of age even with the consent of parents or guardians shall be void from the beginning.”

Reasoning: The law imposes a strict minimum age requirement (18 years old) for valid marriages.
Effect: Even parental consent cannot cure this defect.

3.2. Marriage Solemnized by Unauthorized Persons (Article 35[2])

“Those solemnized by any person not legally authorized to perform marriages unless either or both parties believed in good faith that the solemnizing officer had the legal authority to do so shall be void from the beginning.”

A valid marriage in the Philippines must be officiated by a solemnizing officer with legal authority (e.g., a judge, a parish priest, or other authorized religious/church official, among others).
An exception applies if one or both parties honestly and reasonably believed that the officiant had authority (the “good faith” exception). In such a case, the marriage is deemed valid.

3.3. Marriage Solemnized Without a Valid Marriage License (Article 35[3])

“Those solemnized without a license, except those covered by the preceding Chapter, shall be void from the beginning.”

A valid marriage license is ordinarily a prerequisite to a lawful marriage.
There are recognized exemptions, such as “marriages in articulo mortis” (in danger of imminent death) or marriages of persons who have lived together as husband and wife for at least five years without any legal impediment to marry each other (commonly called a “ratification of cohabitation” under certain conditions). If such exceptions do not apply, the absence of a marriage license renders the marriage void.

3.4. Bigamous or Polygamous Marriages (Article 35[4])

“Those bigamous or polygamous marriages not failing under Article 41 shall be void from the beginning.”

A marriage is automatically void if either spouse is still validly married to another person at the time of the second (or subsequent) marriage.
Exception (Article 41): A subsequent marriage may be valid if the first spouse had been absent for four consecutive years (or two years in certain situations, such as danger of death) and the present spouse had obtained a court declaration of presumptive death before remarrying. Failure to strictly comply with these requirements renders the second marriage void.

3.5. Marriage Contracted Through Mistake of Identity (Article 35[5])

“Those contracted through mistake of one contracting party as to the identity of the other.”

The error must pertain to the identity of the other party, not just qualities or attributes. For example, if one party marries a person believing they are someone else altogether.

3.6. Psychological Incapacity (Article 36)

“A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.”

One of the most frequently invoked grounds for nullity of marriage is “psychological incapacity” — an incapacity so grave and enduring that it prevents a spouse from performing the fundamental duties of marriage (e.g., procreation, cohabitation, fidelity, love, respect, mutual help, etc.).
The Supreme Court’s landmark rulings, such as in Santos v. Bedia-Santos and Republic v. Molina, established strict guidelines for proving psychological incapacity. However, jurisprudence continues to evolve, recently allowing more liberal interpretations to protect individual rights and reflect modern psychological standards.

3.7. Incestuous Marriages (Article 37)

“Marriages between ascendants and descendants of any degree, and between brothers and sisters, whether of the full or half-blood, are incestuous and void from the beginning.”

Any marriage involving direct relatives (parents and children, grandparents and grandchildren) or siblings (including half-siblings) is automatically void for reasons of public policy and moral considerations.

3.8. Marriages Contrary to Public Policy (Article 38)

“The following marriages shall be void from the beginning for reasons of public policy…”

Collateral blood relatives up to the fourth civil degree (e.g., aunt and nephew, uncle and niece).
Relationships based on adoption (e.g., between an adopter and the adopted; between the adopted child and the adopter’s legitimate child).

These restrictions exist to prevent marriages deemed socially and morally unacceptable and to protect family structures.

4. Additional Provisions Affecting Void Marriages

Article 40: Requires a final judgment declaring the nullity of a previous marriage before contracting a subsequent marriage. Failure to obtain a judicial declaration renders a subsequent marriage void.
Article 41: Deals with presumptive death and the possibility of contracting a subsequent marriage upon strict compliance with court procedures.
Article 44: Addresses the status of children and property if a second marriage is contracted under the mistaken belief that one’s spouse is deceased.

5. Effects of a Void Marriage

No Conjugal or Community Property: Generally, property acquired during a void marriage cannot be considered part of any valid conjugal or community property regime. However, the law provides certain remedies to protect the rights of innocent parties.
Legitimacy of Children: Children conceived or born of void marriages may still be considered legitimate in certain circumstances (e.g., when both parents entered the marriage in good faith).
Inheritance Rights: Since there is no valid marriage, the spouses do not inherit from each other absent any valid will or testamentary provisions.

6. Judicial Declaration of Nullity

Even though a void marriage is invalid from the outset, Philippine law requires a judicial declaration of nullity before either party can remarry or effectively settle matters such as custody, property, and support. A petition is filed in the Regional Trial Court (Family Court) with jurisdiction over the residence of either spouse. Following court proceedings and presentation of evidence, the judge issues a final judgment.

6.1. Process Outline

Filing of Petition: The petitioner (one of the spouses) alleges a specific ground under the Family Code and states the facts supporting the petition.
Collusion Investigation: The public prosecutor investigates to ensure there is no collusion or fabrication of grounds between the parties.
Pre-trial and Trial: Evidence is presented (e.g., witness testimony, expert psychiatric/psychological findings for psychological incapacity).
Decision: If the court finds the marriage void for the ground invoked, it issues a Decision declaring the nullity.
Finality and Registration: The Decision becomes final and executory if not appealed. It is then registered with the Local Civil Registry and the Philippine Statistics Authority (PSA) for completeness of the official records.

7. Conclusion

Under Philippine law, a marriage is more than a mutual promise; it is a special contract imbued with public interest and governed by strict legal requirements. When a marriage is fundamentally flawed due to statutory or public policy violations, it is treated as void ab initio, conferring no spousal rights or obligations from the outset. Yet, to clarify and secure their legal standing, parties must still obtain a judicial declaration of nullity — a step necessary to avoid complications in future transactions, family matters, and most importantly, in contracting another valid marriage.

Understanding the grounds for void marriages is crucial, whether you are seeking to protect your rights, clarify the legitimacy of children, or terminate a fundamentally flawed marital situation. If you suspect that your marriage may be void, consulting a qualified Philippine family lawyer ensures that you follow the proper legal procedures and protect your interests under the law.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns about void marriages or any other family law matters in the Philippines, it is best to seek professional legal counsel.