Below is a comprehensive discussion of the legal framework and considerations surrounding the annulment or declaration of nullity of marriage in the Philippines when there is a misrepresentation of age. This article is based on the Family Code of the Philippines (Executive Order No. 209, as amended) and relevant jurisprudence, and is intended for general informational purposes only. For personalized legal advice, one should consult a qualified attorney.

1. Overview of Marriage Laws in the Philippines

Under Philippine law, marriage is legally defined as a special contract of permanent union between a man and a woman entered into in accordance with the law. The Family Code of the Philippines governs marriage, its requisites, and the grounds by which a marriage may be invalidated or annulled. There are two principal categories when challenging the validity of marriage:

Void (or Void ab initio) marriages – These are deemed never to have existed in the eyes of the law.
Voidable (or Annullable) marriages – These are considered valid until annulled by a competent court; once annulled, the marriage is rendered null from the time the judicial decree becomes final.

2. Minimum Age Requirements and Consent

2.1. Minimum Age to Marry

Below 18 years old: No person below 18 years of age can contract marriage in the Philippines, even with parental consent. Any marriage entered into by a person below 18 is void ab initio (void from the start) pursuant to Article 35(1) of the Family Code.
18 to 21 years old: A person who is at least 18 but below 21 may marry only with the consent of their parents or guardian. If this parental consent is not obtained, the marriage can be annulled (voidable) under Article 45(1) of the Family Code.
21 to 25 years old: While not needing parental consent, a person aged 21 to 25 is required by law to seek parental advice. The absence of parental advice does not in itself invalidate the marriage. Instead, it may affect certain procedural and documentary requirements, but it is not a ground for annulment or nullity under the Family Code.
25 years old and above: No parental consent or advice is required.

2.2. Effect of Misrepresentation of Age

Because age is crucial to determining whether a party can lawfully marry (and whether parental consent is required), a false declaration or misrepresentation about age can have significant legal consequences. However, not all misrepresentations of age will automatically render a marriage void or voidable. The effect depends on (1) the actual age of the person at the time of marriage, and (2) the necessary consent requirements under the law.

3. Void Marriages Due to Misrepresentation of Age

3.1. Actual Age Below 18

If one spouse was actually below 18 at the time of the wedding—even if that spouse presented falsified documents or misrepresented being older—the marriage is void ab initio under Article 35(1) of the Family Code. The law considers it as though no valid marriage ever took place.

Legal remedy: The remedy is a Petition for Declaration of Nullity of Marriage.
Who can file: Under Philippine procedural rules, typically the spouses themselves or even certain interested parties (e.g., parents, guardians) can file a petition to declare such marriage void.
No prescriptive period: A void marriage can be challenged at any time. Technically, it is already considered a nullity from the beginning, but a judicial declaration is required for official recognition of the nullity (e.g., for remarriage, property, or legitimacy issues).

4. Voidable (Annulable) Marriages and Lack of Parental Consent

4.1. When One Party is 18-21 but Without Parental Consent

If a spouse was at least 18 but below 21 and parental consent was required—but was not obtained, the marriage is voidable under Article 45(1) of the Family Code. Misrepresentation of age could lead the underage party (or their parents/guardian) to believe that no parental consent was needed. Consequently:

The underage spouse misrepresents being at least 21 to avoid parental consent; or
The misrepresentation is discovered after the marriage, and it turns out that the spouse was under 21 at the time—and no parental consent was obtained.

In this scenario, the marriage is not void ab initio (unless the spouse was actually under 18); rather, it is voidable because the lack of parental consent for a person aged 18-21 is a recognized ground for annulment.

4.2. Who Can File and Time Limits

Under Article 47 of the Family Code, if the ground is lack of parental consent:

Who can file:
1. The parent or guardian who did not give consent.
2. The party who was between 18 and 21 at the time of marriage.
Prescriptive period:
- If filed by a parent or guardian, the action must be filed before the party who needed consent turns 21.
- If filed by the underage spouse themselves (who did not get the required consent), the action must be filed within 5 years after reaching the age of 21.

If the petition is not filed within the applicable timeframe, the marriage is deemed valid and can no longer be challenged on this ground.

5. Fraud as a Ground for Annulment: Is Misrepresentation of Age Included?

5.1. Enumerated Grounds under Article 46

The Family Code provides in Article 45(3) that a marriage may be annulled if “the consent of either party was obtained by fraud.” However, Article 46 exhaustively enumerates what constitutes “fraud” for purposes of annulment, specifically mentioning:

Non-disclosure of a conviction by final judgment of a crime involving moral turpitude.
Concealment of pregnancy by another man.
Concealment of sexually transmissible disease.
Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism.

It also expressly states:

“No other misrepresentation or deceit as to character, health, rank, fortune, or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.”

5.2. Exclusion of “Misrepresentation of Age” Under Article 46

Given the restrictive language of Article 46, misrepresentation of age is not listed among the types of fraud that would justify an annulment on the ground of fraud. Therefore:

Simply lying about one’s age (e.g., claiming to be older or younger) does not fall under the enumerated grounds for fraud-based annulment, unless it leads directly to a lack of parental consent scenario for a person aged 18-21.
If neither party needed parental consent (i.e., both were over 21 in reality) and there was just a misstatement of age, no statutory basis under Article 46 allows the other spouse to seek annulment based purely on that misrepresentation.

6. Procedures and Requirements for Declaration of Nullity or Annulment

Whether a marriage is void or voidable, Philippine law requires filing a judicial petition in the appropriate Regional Trial Court (Family Court). The rules and steps include:

Filing of the Petition: State the relevant facts, the ground relied upon (e.g., underage at marriage, lack of parental consent, or the marriage is void), and the relief sought (declaration of nullity or annulment).
Collusion Investigation: The court will ensure no collusion between spouses.
Pre-Trial and Trial: Presentation of evidence (e.g., birth certificate proving the real age, marriage certificate, testimonies).
Decision: If the court finds the ground meritorious and proven, it issues a decision granting nullity or annulment.
Entry of Judgment: The decision becomes final after the lapse of the appeal period (15 days if no appeal is filed).
Registration: The final decree of nullity or annulment is registered with the local civil registrar where the marriage was recorded and with the Philippine Statistics Authority (PSA).

7. Effects of a Declaration of Nullity or Annulment

7.1. For Void Marriages (e.g., one party under 18)

The marriage is deemed never to have existed.
Children born of a void marriage may be considered illegitimate except in certain exceptional circumstances (e.g., the doctrine of putative marriage in good faith).
Property relations are generally unwound as if no marriage existed, but the rules on co-ownership and reimbursements may apply if there was a good-faith belief in the validity of marriage.

7.2. For Voidable Marriages (lack of parental consent)

The marriage is valid until annulled and becomes invalid only upon the finality of the court judgment.
Children conceived before the judgment are considered legitimate.
Upon annulment, the court typically orders liquidation of assets under the applicable property regime, and may also address child custody and support.

8. Practical Insights and Considerations

Importance of Accurate Birth Records: Because age is critical in determining capacity to marry (and need for parental consent), ensuring correct birth records and official documents is paramount.
Limited Coverage of “Fraud”: Philippine law has a narrow definition of fraud in marriage. Misrepresentation of age is not listed among the valid “fraud” grounds.
Document Falsification: Apart from the marital implications, falsifying official documents (e.g., birth certificate, identification papers) can expose a person to criminal liability (e.g., falsification of public documents).
Consult a Lawyer Early: If a person discovers that their spouse misrepresented their age and there may be issues of consent or validity, seeking prompt legal counsel helps to ascertain whether there is a basis to file a petition and whether the prescriptive periods still allow it.

9. Conclusion

Misrepresentation of age in the context of marriage can lead to either nullity (if the spouse was actually below 18) or annulment (if the spouse was between 18 and 21 and required but did not obtain parental consent). However, if the misrepresentation of age does not implicate the minimum age requirement or the need for parental consent under the Family Code, it is unlikely to be a valid ground for annulment based solely on “fraud.”

Ultimately, the specific remedy—declaration of nullity or annulment—will depend on the true facts about the parties’ ages at the time of marriage and the presence or absence of the required parental consent. A court proceeding is necessary to secure a judicial declaration of nullity or decree of annulment, and legal counsel should be sought to navigate the technical requirements, deadlines, and evidentiary burdens of these petitions.

Disclaimer: This article provides general legal information based on the Family Code of the Philippines and relevant legal principles. It is not a substitute for personalized legal advice. Anyone facing actual marital or legal concerns is advised to consult a licensed Philippine attorney for guidance specific to their circumstances.