Legal Grounds for Annulment in the Philippines
(Note: The discussion below provides a general overview under Philippine laws. It is not intended as formal legal advice. For specific concerns, consult a qualified lawyer.)

1. Introduction

In the Philippines, marriage is legally considered an inviolable social institution. Consequently, Philippine law provides only limited ways to terminate or invalidate a marriage. Unlike other jurisdictions that allow divorce, the Philippines (except for some cases under the Code of Muslim Personal Laws and certain situations involving foreign spouses) does not recognize divorce. Instead, there are two primary legal remedies to end a marriage:

Declaration of Nullity of Marriage (Void Marriage) – A legal determination that the marriage was void from the very beginning (e.g., due to psychological incapacity under Article 36 of the Family Code, absence of a valid license, or other defects that make the marriage null and void ab initio).
Annulment of Marriage (Voidable Marriage) – A legal remedy to annul a marriage that was valid at the time of celebration but can be subsequently voided for specific causes provided by law.

This article focuses on Annulment of Marriage under the Family Code of the Philippines (Executive Order No. 209, as amended).

2. Key Distinction: “Void” vs. “Voidable” Marriages

Void Marriages: These are marriages deemed null and void from the start (e.g., lack of authority of the solemnizing officer, absence of a marriage license, bigamous or polygamous marriages, psychological incapacity, etc.). A petition for a Declaration of Nullity may be filed to confirm its invalidity.
Voidable Marriages (Annulment): These marriages are considered valid until annulled by a court. They have defects existing at the time of the marriage that render them susceptible to annulment. Until a judicial decree is obtained, the marriage enjoys the presumption of validity.

Understanding whether a marriage is void from the start or merely voidable is crucial in determining which legal proceeding applies.

3. Grounds for Annulment Under the Family Code

The Family Code of the Philippines specifies the grounds that render a marriage voidable (i.e., subject to annulment). These are found in Articles 45 and 46 of the Family Code.

Lack of Parental Consent
- Under Article 45(1), if one or both of the parties was between 18 and 21 years old at the time of marriage and did not obtain the required parental consent, the marriage can be annulled.
- The petition must be filed by the parent or guardian who did not give consent or by the party whose consent was not obtained, and it must be filed within five (5) years after reaching the age of 21.
Insanity or Psychological Illness at the Time of Marriage
- Under Article 45(2), if one party was of unsound mind at the time of the celebration of the marriage, the other spouse or a relative/guardian of the insane spouse (under certain conditions) may file for annulment.
- The law allows the sane spouse to file a petition, or any relative with an interest in the property of the insane spouse, provided certain requisites are met.
- The action must be filed before the death of either party and within a specified period once insanity is discovered (generally 5 years from the discovery).
Fraud
- Under Article 45(3), if consent was obtained by fraud, the injured party may seek annulment. Article 46 enumerates what constitutes fraud:
  - Misrepresentation as to identity
  - Concealment of a conviction by final judgment of a crime involving moral turpitude
  - Concealment of pregnancy by another man
  - Concealment of a sexually transmissible disease (STD)
- Concealment of homosexuality or drug addiction, if proven to constitute fraud affecting consent, may also be a ground under certain interpretations by the courts.
- The action must be filed within five (5) years from the discovery of the fraud.
Force, Intimidation, or Undue Influence
- Under Article 45(4), if consent was obtained by force, intimidation, or undue influence, the marriage is voidable.
- The petition must be brought within five (5) years from the time the force or intimidation ceased, or the undue influence stopped.
Impotence or Physical Incapacity to Consummate the Marriage
- Under Article 45(5), if either party was physically incapable of consummating the marriage (i.e., impotence) and such incapacity continues and appears to be incurable, the marriage can be annulled.
- The petition must be filed within five (5) years after the marriage.
Serious Sexually Transmissible Disease (STD)
- Under Article 45(6), if at the time of marriage one party was afflicted with a sexually transmissible disease found to be serious and incurable, the other spouse may seek annulment.
- This action must also be filed within five (5) years from the date of the marriage.

4. Who May File a Petition for Annulment

Generally, the injured or aggrieved spouse has the right to file the petition for annulment. However, certain grounds allow other interested parties (e.g., parents or guardians in the case of lack of parental consent, relatives for an insane spouse) to initiate the suit, subject to strict legal requirements.

5. Prescriptive Periods

Each ground for annulment has a specific time limit (prescriptive period) within which the petition must be filed. If the petition is not filed within this period, the right to file an action for annulment may be lost. Here is a summary of the typical time limits:

Lack of Parental Consent: 5 years after reaching the age of 21.
Insanity: Anytime before the death of either spouse (often interpreted as within 5 years from discovery of the insanity, subject to case law).
Fraud: 5 years from the discovery of the fraud.
Force, Intimidation, or Undue Influence: 5 years from the time the force or intimidation ceased.
Impotence: 5 years from the date of marriage.
Sexually Transmissible Disease: 5 years from the date of marriage.

Filing outside these statutory periods generally leads to dismissal of the case.

6. Effects of Annulment

Status of Children
- Children conceived or born before the judgment of annulment are considered legitimate.
- They retain the right to use their father’s surname (if recognized) and are entitled to support and inheritance rights as legitimate children.
Property Relations
- The court will decide on the liquidation of the spouses’ common or conjugal property (depending on their property regime).
- In annulment cases, the property regime is typically dissolved. The assets will be liquidated and distributed in accordance with the law (usually following the rules on liquidation for the property regime in effect).
Custody and Support
- The court’s decision will include orders on child custody, visitation rights, and child support.
- Custody is usually awarded based on the child’s best interests, with preference for children under seven (7) to remain with the mother, unless there are compelling reasons to rule otherwise.
Inheritance
- After a final judgment of annulment, ex-spouses lose inheritance rights from each other (unless a will provides otherwise). However, the children’s inheritance rights remain intact.
Use of Surname
- As a general rule, upon annulment, a wife may revert to her maiden name.
- Use of surname after annulment is not automatic and may depend on other legal factors (e.g., professional license, passport, children’s surname, etc.). Many women choose to revert to their maiden name once the marriage is annulled.

7. Procedure for Filing an Annulment

Consultation with a Lawyer
- Petitioners should consult a lawyer to ascertain if their situation falls under any of the annulment grounds.
Preparation of the Petition
- The petition must clearly state the grounds for annulment, relevant facts, supporting evidence, and the reliefs prayed for (e.g., custody of children, property settlement, support).
Filing in Court
- The petition is filed with the Regional Trial Court (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, or in the case of a non-resident respondent, where the petitioner resides.
Collusion Check and Prosecutor’s Investigation
- The court will order the public prosecutor or designated government lawyer to investigate whether there is collusion between parties. If there is collusion (i.e., the parties are merely staging the grounds for annulment), the petition may be dismissed.
Trial and Presentation of Evidence
- Both parties will be given the chance to present evidence (witnesses, documents, expert testimonies if needed).
- The court may also appoint commissioners or psychologists (in certain cases) to evaluate evidence.
Decision
- If the court finds sufficient grounds and evidence that the marriage should be annulled, it will issue a decision declaring the marriage annulled.
- The decision must be registered with the Local Civil Registrar, the Philippine Statistics Authority (PSA), and other relevant offices to be effective.

8. Cost and Duration

Costs vary depending on attorney’s fees, filing fees, publication requirements (when necessary), and other incidental expenses.
Duration of an annulment case can range from several months to a few years, depending on court schedules, complexity of issues, availability of witnesses, and potential appeals.

9. Common Misconceptions

Psychological Incapacity Automatically Means “Annulment.”
- Psychological incapacity under Article 36 of the Family Code is actually a ground for Declaration of Nullity of Marriage, not “annulment.” It deems the marriage void from the beginning, rather than voidable.
Children Become Illegitimate After Annulment.
- Children born to a valid marriage (before its annulment) remain legitimate.
There Is a “Quick Fix” for Failed Marriages.
- Annulment in the Philippines is neither quick nor easy. It is a judicial process requiring clear and convincing proof of any statutory ground.
Annulment and Legal Separation Are the Same.
- Legal Separation does not end the marriage bond; the spouses are only separated in bed and board. The marriage itself remains legally valid, and neither party may remarry.

10. Conclusion

Annulment in the Philippines is a statutory remedy strictly governed by the Family Code. Only specific grounds—lack of parental consent, insanity, fraud, force/intimidation/undue influence, impotence, and serious sexually transmissible disease—can render a marriage voidable and, therefore, eligible for an annulment decree. The remedies, procedures, and effects are meticulously regulated, reflecting the country’s constitutional mandate to protect and preserve marriage as an institution.

Individuals seeking an annulment should carefully determine if their circumstances meet any of the enumerated grounds, be mindful of prescriptive periods, and be prepared for a potentially protracted and complex judicial proceeding. Engaging a qualified and experienced family law attorney is crucial for navigating the legal, emotional, and financial aspects of an annulment case in the Philippines.

Disclaimer: This write-up is meant for general informational purposes and does not substitute professional legal advice. Specific cases may vary depending on the facts and applicable jurisprudence. Always consult a licensed attorney in the relevant jurisdiction for personalized guidance.