Below is a comprehensive discussion on the topic of remarriage after annulment in the Philippines, covering both Filipino citizens and foreign nationals. This article focuses on the legal (civil) aspect, rather than ecclesiastical or religious annulments, and aims to provide an overview of the key laws, procedures, and requirements under Philippine law. Please note that this information is for general guidance only and should not be taken as formal legal advice. For specific questions or concerns, it is best to consult a qualified Philippine attorney.

1. Key Concepts Under Philippine Marriage Laws

1.1 Nullity vs. Annulment (Void vs. Voidable Marriages)

Declaration of Nullity of Marriage (Void Marriage): A marriage that is void from the beginning (e.g., bigamous marriages, underage marriages, certain incestuous marriages, psychological incapacity under Article 36 of the Family Code). The legal action here is often referred to as a “declaration of nullity.”
Annulment of Marriage (Voidable Marriage): A marriage that is valid until annulled by a court. Grounds include lack of parental consent (for those 18 but below 21 at the time of marriage), insanity, fraud, force/intimidation/undue influence, or impotence, among others as provided under the Family Code.

While these two processes are colloquially grouped together as “annulment,” they are distinct in law. However, the end result of both—once granted by the court—is that the marriage is considered no longer valid for civil purposes, allowing the parties to remarry.

1.2 Governing Laws

Family Code of the Philippines (Executive Order No. 209, as amended): Primary source for legal provisions on marriage, its requisites, and legal remedies to sever the marital bond.
Rules of Court: Specifically, the Rules on Declaration of Nullity of Marriage, Annulment, and Legal Separation (A.M. No. 02-11-10-SC) set the procedural rules for court cases.

2. Annulment/Nullity Process Overview

Filing a Petition: One spouse (the “petitioner”) files a petition in the Regional Trial Court (Family Court) of the province or city where either spouse resides.
Grounds and Evidence: The petitioner must prove the specific ground (e.g., psychological incapacity, fraud, lack of parental consent, etc.). The burden of proof is on the petitioner, and the court must be convinced based on preponderance of evidence.
Prosecutor and Solicitor General’s Office Involvement: To ensure there is no collusion between spouses, a public prosecutor participates. If psychological incapacity under Article 36 is alleged, the Office of the Solicitor General may also be involved.
Court Decision: If the court grants the petition, it issues a Decision declaring the marriage void or voidable (annulled).
Finality: The Decision must become final and executory. Normally, this involves a waiting period (15 days from notice) if no appeal is filed.
Registration of Decree: Once the Decision is final, the court issues a Certificate of Finality. The petitioner (or the legal counsel) must then register the final decree with the Local Civil Registry (where the marriage was recorded) and the Philippine Statistics Authority (PSA). This step is crucial to reflect the nullity or annulment on official records.
Annotated Marriage Certificate: After registration, the PSA will annotate the marriage certificate to indicate that the marriage has been declared null or void. This annotated certificate is often required for the subsequent steps in remarriage.

Important Note: Only after the Decision has become final and is properly recorded with the civil registries (Local Civil Registrar and PSA) can the parties remarry legally.

3. Requirements for Remarriage for Filipino Citizens

Certificate of Finality and Court Decision: The remarrying party must secure an official copy of the court’s Decision and the Certificate of Finality from the court that granted the annulment or declaration of nullity.
Annotated Marriage Certificate (or Negative Certification):
- Secure an annotated copy of your old marriage certificate from the PSA (formerly NSO). This document reflects that the prior marriage was nullified.
- Alternatively, the PSA may issue a certificate stating no record of a valid existing marriage if the annotation has been processed.
Application for a New Marriage License: Present the annotated marriage certificate and Certificate of Finality to the Local Civil Registrar of the city or municipality where you intend to marry. You must comply with all the standard requirements for securing a marriage license (birth certificates, IDs, CENOMAR if required, etc.).
Standard Pre-Marriage Requirements:
- Identification documents (e.g., valid ID, birth certificate)
- Certificate of No Marriage (CENOMAR) or, in this case, the annotated marriage certificate from the PSA
- Attendance in a pre-marriage counseling seminar (if mandated by the local government)
- Payment of marriage license fees, etc.
Waiting Period: There is no specific additional waiting period under Philippine law once the annulment or declaration of nullity is final. However, you must wait for the legal processes (finality and registration) to be completed before applying for a new marriage license.

4. Requirements for Remarriage Involving Foreigners

Foreigners who wish to marry in the Philippines—whether to a Filipino citizen or to another foreigner—must comply with both Philippine regulations and, often, requirements from their own country’s embassy or consulate. If a foreign national has had a previous marriage annulled or declared void, the following typically apply:

Certificate of Legal Capacity to Contract Marriage (CLCCM) or Affidavit in Lieu of Legal Capacity
- Foreign nationals generally need a document from their embassy or consulate, stating that they are legally free to marry.
- Some embassies issue an Affidavit in Lieu of a CLCCM, while others issue a “No Objection” certificate or a “Certificate of Capacity to Marry.” Requirements vary by country.
Proof of Termination of Previous Marriage
- If the foreigner was previously married, they must provide the legal documentation of the dissolution of that marriage (e.g., divorce decree, annulment decree, or death certificate of the former spouse).
- In the context of an annulment or declaration of nullity in the Philippines, the foreigner must also show a final and executory Decision from the court (for a marriage celebrated in the Philippines) or foreign documents recognized by the Philippine courts if the marriage was celebrated abroad.
Recognition of Foreign Divorce (If Applicable)
- Philippine law (Article 26, Family Code) allows recognition of a foreign divorce under certain circumstances, specifically when the divorce is obtained by the foreign spouse against a Filipino spouse. Once recognized, the Filipino spouse also has the capacity to remarry.
- If the foreigner has a divorce from a different jurisdiction, and the prior marriage took place abroad, the local civil registrar might require a judicial recognition of that divorce in the Philippines to reflect it properly on local records.
Other Documentary Requirements
- Valid passport (and sometimes proof of legal stay in the Philippines, such as visa or ACR card).
- Birth certificate (with official translation if not in English).
- Certificate of No Marriage (CENOMAR) if the foreigner’s embassy requires it, or if the local civil registrar requests it.
Marriage License Application
- After gathering the CLCCM and relevant documents proving termination of prior marriage, the couple (foreigner and Filipino, or two foreigners) applies for a marriage license at the Local Civil Registrar.
- They must attend the required pre-marriage counseling seminar, submit required fees, and wait for the issuance of the marriage license.

5. Church (Canonical) Annulment vs. Civil Annulment

Canonical Annulment: Issued by a church tribunal, typically under the laws of the Catholic Church, it addresses religious standing and the ability to marry in church ceremonies. However, this does not dissolve the civil aspect of the marriage.
Civil Annulment: Granted by a Philippine civil court, is what legally ends the marriage for all civil purposes, allowing parties to remarry under Philippine law.

Key Point: A party who has only obtained a church annulment is still considered legally married unless a civil annulment (or declaration of nullity) is also granted by the courts.

6. Steps After the Court Decision for Remarriage

Obtain Court Documents:
- Certified True Copy of the Decision.
- Certified True Copy of the Certificate of Finality.
Register the Decree:
- With the Local Civil Registrar where the marriage was originally recorded.
- Forward to the Philippine Statistics Authority (PSA) for annotation.
Secure Annotated Marriage Certificate:
- From the PSA, confirming the nullity or annulment.
Apply for a Marriage License:
- Submit the required documents to the Local Civil Registrar where you plan to marry.
Proceed with Marriage Ceremony:
- Once you have a valid marriage license, you can be married before a judge, mayor, or authorized officiant.
- The new marriage must be registered again with the Local Civil Registrar and forwarded to the PSA for the issuance of a new marriage certificate.

7. Common Pitfalls and Important Considerations

Finality of Annulment: You cannot remarry immediately upon the court’s ruling. Wait for the Decision to become final and executory, and ensure it is properly registered.
Annotation Delays: The process of annotating the marriage certificate with the PSA can take time. It is essential to follow up with both the court and the civil registrar to avoid delays.
Errors in Court Decree or Civil Registry Entries: Make sure all names, dates, and details are correct in the Decision and the registry entries. Errors can cause complications in securing a new marriage license.
Foreign Documents Authentication: Foreign documents must often be authenticated (e.g., via Apostille or consular authentication) before being accepted in the Philippines.
Embassy Requirements Vary: Different embassies have different rules for issuing Certificates of Legal Capacity to Contract Marriage. The couple must check with the relevant embassy or consulate to ensure proper compliance.

8. Practical Tips

Consult a Lawyer Early: Navigating annulment/nullity proceedings can be complex, and a lawyer can guide you on the proper grounds and documentary requirements.
Keep Multiple Certified Copies: Courts, civil registrars, and embassies often require certified true copies of the annulment Decision, Certificate of Finality, and annotated PSA documents.
Coordinate with the PSA: After the court renders its final judgment, coordinate or regularly follow up with the PSA and the Local Civil Registrar to ensure prompt annotation.
Plan for Timelines and Costs: Annulment and declaration of nullity cases can be time-consuming and costly. Even after the court grants the petition, processing of documents with government offices can take additional weeks or months.
Check Local (Municipal/City) Ordinances: Certain localities may have additional requirements for marriage license applications, including pre-marriage counseling or family planning seminars.

9. Conclusion

Remarriage after an annulment or declaration of nullity in the Philippines involves several procedural steps and documentary requirements. For Filipino citizens, ensuring the court Decision is final and duly registered with civil authorities is essential before applying for a new marriage license. Foreigners who wish to marry in the Philippines after having a previous marriage annulled (or otherwise terminated) must, in addition to the Philippine requirements, secure necessary documents from their embassy or consulate.

The key to a smooth process is thorough preparation: gather all necessary documents, follow up with government offices for timely annotation, and consult with a legal professional when in doubt. Although this article provides an extensive overview, each case may have unique circumstances, so personalized legal advice is highly recommended.