Dear Attorney,

I hope this letter finds you in good health and high spirits. I am writing to seek your guidance regarding a unique marital predicament. In 2009, I was married to a foreign national in a very informal ceremony. At the time, I was unaware that there was no marriage license involved. We did not have any wedding celebration, and within a week of this marriage, I discovered that my spouse already had a wife and a child in his country of origin. Once he realized I intended to file a case against him, he fled back to his home country. For the past fifteen years, I have had no contact information for him, nor do I know any of his relatives or have a valid address for him. I would like to have this marriage declared null and void, given these circumstances, but I am uncertain about the process and legal grounds in the Philippines for doing so. Kindly guide me on the legal framework, the steps I need to take, and any supporting documents or procedural requirements necessary to resolve this matter.

Thank you for your time and expertise. I truly appreciate any insights or recommendations you can provide.

Respectfully,
A Concerned Individual

LEGAL ARTICLE: OVERVIEW AND DETAILED DISCUSSION ON DECLARING NULLITY OF MARRIAGE IN THE PHILIPPINES

I. Introduction
Under Philippine law, the legal concept of marriage is sacrosanct, grounded in both the Constitution and statutory provisions. However, there are instances where a marriage may be declared void ab initio—that is, void from the very beginning—due to the absence of essential or formal requisites, or because of serious legal impediments that render the marital union invalid. This article will provide a meticulous examination of the pertinent provisions in the Family Code, relevant Supreme Court rulings, the procedural requirements, and potential legal strategies for a situation such as the one described above. Although the facts appear unique—no marriage license, a very short cohabitation, and the spouse subsequently fleeing the country—the fundamental rules and principles discussed herein apply to those seeking remedies under Philippine law.

II. Governing Laws on Marriage
A. The Family Code of the Philippines

Essential Requisites
Article 2 of the Family Code states that the essential requisites of marriage are the legal capacity of the contracting parties (i.e., male and female at least eighteen years old) and their consent freely given in the presence of a solemnizing officer.
Formal Requisites
Article 3 outlines the formal requisites: (a) authority of the solemnizing officer, (b) a valid marriage license, except in cases provided by law, and (c) a marriage ceremony performed with both parties personally appearing before the solemnizing officer and declaring that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

Failure to comply with either essential or formal requisites renders the marriage either void or voidable, depending on the nature of the defect. Article 4 clarifies that the absence of any of the essential or formal requisites generally renders the marriage void ab initio.

B. Important Supreme Court Decisions
Philippine jurisprudence has consistently upheld the absolute necessity of complying with both the essential and formal requisites of marriage for it to be recognized under the law. Courts have been particularly strict with the requirement of a valid marriage license. If proven that there was no genuine license at the time of the ceremony, or that such license was spurious or nonexistent, the marriage is typically declared void from the start.

III. Grounds for Nullity of Marriage
Under Article 35, the following marriages are among those considered void from the beginning:

Where there is a lack of any essential or formal requisites of marriage.
- If there was no marriage license, except under extraordinary circumstances where the law specifically dispenses with the requirement (e.g., marriages of exceptional character, such as under Article 34 involving cohabiting couples for at least five years, or in remote places under Article 28).
Bigamous or Polygamous Marriages
- Under Article 35(4), bigamous or polygamous marriages not falling under Article 41 are void. However, this typically assumes that one party has a subsisting prior marriage. In the scenario described, the foreign spouse apparently had a legal wife in his country, which could further reinforce the void nature of the Philippine marriage. Nevertheless, the mere existence of a foreign marriage must be established to invoke bigamy or polygamy as a ground.
Other Grounds
- Other grounds exist but may or may not be directly relevant to the situation presented. For instance, if the marriage was solemnized by someone not legally authorized or if it was a psychological incapacity case under Article 36 of the Family Code.

Given the facts stated—lack of a marriage license, immediate separation, and possible bigamy—there is a strong basis to file a petition for the declaration of nullity of marriage either under Article 35(2) (lack of a valid marriage license) or Article 35(4) (bigamous marriage), assuming appropriate evidence can be shown.

IV. Procedural Requirements for Filing a Petition for Declaration of Nullity of Marriage
A. Which Court Has Jurisdiction?

Under the Family Code and relevant rules, the appropriate Regional Trial Court (Family Court) of the province or city where the petitioner or respondent has been residing for at least six months immediately prior to the filing of the petition typically has jurisdiction. In cases where the respondent is absent or a non-resident, the petition may be filed where the petitioner resides.

B. Who Can File the Petition?

Under the Rules on Declaration of Nullity of Void Marriages, the petition to declare a marriage void may be filed by the husband, wife, or other authorized parties with a legal interest. In this scenario, the Filipino spouse who wishes to have the marriage declared null and void may file the petition.

C. Form and Contents of the Petition

The petition must contain the facts and the specific grounds on which the petition is based. Pertinent documents, such as a marriage certificate (or any proof of the ceremony), and evidence of the lack of a marriage license, should be attached. If bigamy is alleged, evidence of the foreign spouse’s existing marriage, if available, should be produced.
Should the petitioner not possess full evidence of the foreign spouse’s prior marriage, the petitioner might rely heavily on the ground that no valid marriage license was secured. A Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA) or official certification proving no license was issued could be compelling evidence.

D. Service of Summons and Notice

Since the foreign national spouse has fled the country and his whereabouts are unknown, the Rules of Court on extraterritorial or substituted service of summons may apply. If his exact address is not known, the court might require the publication of summons in a newspaper of general circulation. The petitioner must comply with the court’s directive to ensure that due process requirements are met.

E. Court Proceedings

Once the petition is filed, the court will require the public prosecutor or designated court officer to conduct an investigation to ensure there is no collusion between parties. The proceedings for declaration of nullity are generally adversarial, but in the absence of a responsive spouse, the court may proceed ex parte or allow for other appropriate procedures.
The petitioner will present evidence to prove the absence of a marriage license and/or the existence of the foreign spouse’s subsisting prior marriage. The petitioner’s testimony, supporting documents, witness testimony, and any other relevant evidence must be marshaled to satisfy the court’s evidentiary threshold.

F. Decision and Finality

If the court grants the petition, it will issue a Decision declaring the marriage null and void. This Decision will only become final after the lapse of the reglementary period, typically fifteen days from receipt of the Decision unless a motion for reconsideration or an appeal is filed. A Certificate of Finality is then obtained from the court, and the final decree is registered with the Local Civil Registry where the marriage was recorded and with the Philippine Statistics Authority for annotation.

V. Supporting Evidence
A. Documents That Prove Lack of Marriage License

The principal piece of evidence to show that no marriage license was ever issued is typically a certification from the local civil registrar stating that no marriage license exists in their records for the parties within the relevant timeframe. Alternatively, an official statement from the PSA may also help if they track all marriage licenses.

B. Proof of Bigamy (If Pursued)

If the petitioner intends to rely on bigamy, proof of the spouse’s prior existing marriage is essential. For a foreign national, this may require official documents from the foreign jurisdiction. However, if obtaining these documents is impossible—such as when no current address exists—one may still rely on testimonies, admissions, or other forms of evidence such as notarized statements or prior communications indicating the foreign spouse’s existing marriage in his country.

VI. Potential Complications
A. Difficulty in Serving Summons

Locating the foreign national spouse to serve him with summons can be difficult. The court must be satisfied that due notice has been given. When the respondent’s address is unknown, the court usually requires publication of summons in a newspaper of general circulation for a specified period. This can be costly and time-consuming.

B. Evidentiary Requirements

The burden of proof in proving nullity rests on the petitioner. Courts in the Philippines are particularly careful in cases involving nullity of marriage. Judges follow the principle that marriage, as a basic social institution, enjoys the presumption of validity. Therefore, the petitioner must present clear and convincing evidence to rebut this presumption.

C. Financial Costs

Filing fees, publication fees (for summons by publication), attorney’s fees, and miscellaneous expenses can be considerable. Petitioners should be prepared for these legal and administrative costs.

VII. Other Legal Remedies and Considerations
A. Void vs. Voidable Marriages

It is crucial to distinguish between a void and a voidable marriage. A void marriage produces no legal effects from the start, whereas a voidable marriage is considered valid until annulled. In the situation at hand—absence of a marriage license or potential bigamy—the marriage would be void, not voidable, simplifying the nature of the remedy since one would not need the standard grounds for annulment (e.g., lack of parental consent, psychological incapacity, fraud, force, intimidation, or undue influence, impotence, STD, etc.).

B. Criminal Liability for Bigamy

If the foreign spouse’s first marriage was legally subsisting, bigamy may be committed. However, pursuing criminal charges for bigamy under Article 349 of the Revised Penal Code requires the accused be present or at least be subject to the criminal jurisdiction of the Philippine courts. Since the foreign national has fled, prosecuting him may be extremely challenging unless he returns.

C. Reconciliation or Other Alternatives

In many family law disputes, courts may attempt reconciliation if the circumstances permit. But in the described scenario—given the spouse’s flight and an alleged preexisting marriage—such attempts may be futile or not in the petitioner’s best interest.

D. Psychological Incapacity Under Article 36

Where no valid marriage license issue is found or if there are reasons to suspect that the spouse was psychologically incapable of fulfilling marital obligations, the petitioner might consider an Article 36 petition. However, psychological incapacity cases involve a rigorous evidentiary process requiring expert testimony, psychological evaluations, and typically longer court proceedings.

E. Legal Separation

Legal separation is another remedy that separates the couple’s property but does not sever the marriage bond. This is irrelevant if the marriage is void from the beginning; the more appropriate remedy is declaration of nullity.

VIII. Step-by-Step Outline for the Petitioner

Consult a Qualified Attorney
- Before initiating any legal action, the petitioner should thoroughly consult with a family law specialist. They will assess the strength of the case, draft the petition, and provide guidance on the best possible cause of action under the circumstances.
Gather Documentary Evidence
- Secure a copy of the marriage certificate (if any was filed). Obtain certifications from the local civil registrar or the PSA indicating that no marriage license was issued at the time.
- If feasible, collect evidence or statements that demonstrate the foreign spouse’s preexisting marriage in his homeland. This may include online records, social media acknowledgments, or communication transcripts where the spouse acknowledges having another family.
Prepare for Summons by Publication
- As the respondent’s address is unknown, the attorney may need to file a motion for leave of court to serve summons by publication. This usually involves providing an affidavit of diligent search explaining efforts made to locate the respondent.
File the Petition in the Proper Court
- The petition must be filed in the RTC (Family Court) of the petitioner’s place of residence if the respondent is absent. Ensure all attachments are duly certified and in compliance with the Rules of Court.
Prosecution of the Case
- Once the petition is filed, actively participate in hearings, present testimony, and submit evidence. The public prosecutor will be involved to rule out the possibility of collusion.
Obtain Decision and Certificate of Finality
- If the court finds merit in the petition, it will declare the marriage void ab initio. After the decision becomes final, secure a Certificate of Finality from the court and annotate it in the local civil registry and with the PSA.
Rectify Public Records
- Update the petitioner’s civil status records to reflect the nullity of the marriage, ensuring legal clarity.

IX. Practical Tips and Best Practices

Be Proactive in Searching for Evidence
- The petitioner might seek assistance from the PSA, local civil registrar, or even some informal sources to establish the non-existence of a marriage license.
Document Everything
- Keep any communications between the petitioner and the foreign spouse that might demonstrate knowledge of his prior marriage or refusal to cooperate.
Follow Court Timelines Strictly
- Failing to comply with deadlines, especially in serving summons by publication or submitting required pleadings, may delay the case significantly.

X. Conclusion
Given the scenario of a marriage entered into without a valid marriage license—and complicated by the fact that the spouse appears to have a prior marriage overseas—Philippine law provides a viable remedy through the filing of a petition for declaration of nullity of marriage. The lack of a marriage license is itself a strong ground for nullity under Article 35 of the Family Code. Additionally, if bigamy is established, it may further strengthen the argument that the marriage is void. While the foreign spouse’s flight complicates matters of service and evidence-gathering, Philippine procedural rules allow for summons by publication and ex parte proceedings under certain conditions.

As emphasized, the process requires thorough preparation: gathering documents to prove the absence of a marriage license, establishing that the respondent cannot be located, and demonstrating to the court the fundamental defects in the marriage. Ultimately, by securing a court declaration of nullity and its certificate of finality, the petitioner may conclusively resolve all legal ties, ensuring that the marriage is treated as though it never existed from the start. This final step is particularly essential for the petitioner’s personal status, entitling her to remarry in the future, if she so desires, and removing any legal ambiguities that might arise from what is, in essence, a void union.

While this article provides a comprehensive overview of the applicable rules and procedures, each case has its own unique nuances. Engaging competent counsel with expertise in family law is indispensable to navigate the intricacies of Philippine legal proceedings, especially those involving absent or foreign spouses. By building a meticulous case and adhering to all procedural mandates, a petitioner can ultimately secure the declaration of nullity of a marriage that was never valid to begin with, thus allowing for a clear legal path forward.