Title: "Understanding Annulment and Nullity of Marriage in the Philippines"

Question: What is the difference between annulment and nullity of marriage in the Philippines, and under what circumstances can each be pursued?

Answer:

In the context of the Philippines, both annulment and nullity of marriage pertain to the termination of marital ties, but they are grounded on different legal bases and have different implications.

Annulment of Marriage:
- Basis: Annulment is based on causes that render the marriage voidable. These are circumstances that, while not preventing the marriage from being valid at the outset, can be grounds to nullify it later. Examples include lack of parental consent for parties between 18 and 21 years old, unsoundness of mind, and fraud.
- Implication: When a marriage is annulled, it means the marriage was valid at the time of its celebration but is later invalidated due to certain reasons. After annulment, the marriage is considered terminated from the time of the annulment decree.
Nullity of Marriage (or Declaration of Nullity):
- Basis: Nullity is grounded on causes that render the marriage void from the beginning. Examples include bigamous marriages, marriages where one or both parties are below 18, and marriages between blood relatives.
- Implication: When a marriage is declared null and void, it means the marriage never existed in the eyes of the law from the very start.

Legal Process: Both processes require a court petition. For annulment, one files a Petition for Annulment of Marriage, while for nullity, one files a Petition for Declaration of Nullity of Marriage.

Effect on Property and Children: Whether pursuing annulment or nullity, the decision on property relations, custody, and support of children, and other related matters will be determined by the court.

In summary, while both annulment and nullity lead to the termination of marital ties, they are based on different legal grounds and have varying implications regarding the validity of the marriage. It's vital for individuals considering these options to seek legal counsel in the Philippines for advice tailored to their specific situation.