ANNULMENT IN THE
PHILIPPINES
ANNULMENT vs. DECLARATION OF NULLITY
ANNULMENT
DECLARATION OF NULLITY
-considers the marriage valid -applies to marriages that
and existing until it is are null and void from the
annulled. beginning (void ab initio).
GROUNDS FOR ANNULMENT OF MARRIAGE (Art. 45
FC)
1. Lack of parental consent (for those who were 18 to 20 years of age at the time of marriage)
2. Insanity
3. The consent of either party was obtained by fraud
a) Non-disclosure of a previous conviction by final judgment
b) Concealment of pregnancy
c) Concealment of sexually transmissible disease
d) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
NB: 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.
1. The consent of either party was obtained by force, intimidation or un due influence
2. Incapacity of consummating the marriage (impotence)
3. Serious and incurable sexually transmissible disease
GROUNDS FOR ANNULMENT OF MARRIAGE (Art. 45
FC)
4. The consent of either party was obtained by
force, intimidation or undue influence
5. Physical incapacity of consummating the
marriage
6. Serious and incurable sexually-transmissible
disease
VOID AB INITIO MARRIAGES (GROUNDS FOR
DECLARATION Of NULLITY)
1.Due to lack of requisites
2.Due to psychological incapacity
3.Incestuous marriages
4.Marriages against public policy
5.Void subsequent marriages
1. Due to lack of requisites (Art. 35 FC)
Any party is below 18 years of age
Solemnized by any person not legally
authorized
Solemnized without marriage license.
2. Due to psychological incapacity
(Art. 36 FC)
Psychological incapacity – a personal condition
that prevents a spouse to comply with
fundamental marital obligations only in relation
to a specific partner that may exist at the time of
the marriage but may have revealed through
behavior subsequent to the ceremonies (Tan-
Andal vs. Andal, G.R. No. 196359, May 11, 2021)
3. Incestuous marriages (Art. 37 FC)
Between ascendants and descendants of any
degree
Between brothers and sisters
4. MARRIAGES AGAINST PUBLIC POLICY
(ART. 38 FC
Between collateral blood relatives up to fourth civil degree.
Between step-parents and step-children.
Between parents-in-law and children-in-law.
Between the adopting parent and the adopted child.
Between the surviving spouse of the adopting parents and the
adopted child.
Between the surviving spouse of the adopting parent and the
adopted child.
4. MARRIAGES AGAINST PUBLIC POLICY
(ART. 38 FC
Between the surviving spouse of the adopted child and the adopter
Between an adopted child and a legitimate child of the adopter.
Between the adopted children of the same adopter.
Between parties where one, with the intention to marry the other,
killed that other person’s spouse, or his or her own spouse.
5. Bigamous marriage and subsequent marriage (Art. 41, 52 & 53 FC)
Bigamous marriage – a marriage contracted by
any person during subsistence of a previous
marriage.
Requirements Before Subsequent Marriage:
Partition
Distribution
Delivery
• Art. 26. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they were
solemnized, and valid there as such, shall also be valid in this
country, except those prohibited under Articles 35 (1), (4), (5) and
(6), 3637 and 38. (17a)
• Where a marriage between a Filipino citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained abroad
by the alien spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine law. (As
amended by Executive Order 227)
