Marriage is a sacred union, but sometimes circumstances arise that render a marriage void or invalid from its inception. In the Philippines, the Family Code provides provisions for the nullity of marriage, which allows individuals to seek legal recognition that their marriage is void and holds no legal effect. In this blog post, we will explore the concept of nullity of marriage in the Philippines, its grounds, and the legal process involved.
What is Nullity of Marriage?
Nullity of marriage, also known as a declaration of nullity, refers to the legal process through which a marriage is declared null and void by a court. It means that the marriage is considered invalid from the beginning as if it never legally existed.
How is Nullity of Marriage different from Annulment and Legal Separation?
Nullity of marriage asserts that there was no valid marriage to begin with, an annulment declares a valid marriage as null and void due to specific grounds, and legal separation allows spouses to live separately without ending the marriage itself.
What are the grounds for Nullity of Marriage?
Grounds for Nullity of Marriage: The Family Code of the Philippines provides specific grounds on which a marriage can be declared null and void. These grounds include:
- Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
- Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
- Those solemnized without license;
- Those bigamous or polygamous marriages not failing under Article 41;
- Those contracted through mistake of one contracting party as to the identity of the other;
- Those subsequent marriages that are void under Article 53;[1]
- Psychological incapacity[2], which states that a marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227;
- Incestuous Marriages, which include those between ascendants and descendants of any degree; and between brothers and sisters, whether of the full or half-blood;[3]
- Marriages which are void for reasons of public policy, which include:
- Between collateral blood relatives whether legitimate or illegitimate, up to the 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 parent and the adopted child;
- Between the surviving spouse of the adopted child and the adopter;
- Between an adopted child and a legitimate child of the adopter;
- Between adopted children of the same adopter; and
- Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.[4]
How to file a petition for a declaration of nullity of marriage?
The petition for declaration of nullity of void marriage shall be filed solely by the husband or wife in the Family Court where the petitioner or the president lives for at least six (6) months upon the filing of the petition, or in case of the non-resident respondent, wherever he or she may be found in the Philippines, at the election of the petitioner. [5]The petitioner needs to present evidence to support their claim for nullity based on one of the recognized grounds. This evidence may include testimonies, medical reports, psychological evaluations, or documentary evidence.
The court will evaluate the evidence presented and conduct hearings to determine the validity of the marriage. If the court finds sufficient grounds for nullity, it will issue a declaration of nullity, stating that the marriage is void ab initio. The court’s decision will have a retroactive effect, meaning that it treats the marriage as if it never existed.
[1] Article 35, The Family Code of the Philippines.
[2] Article 36, The Family Code of the Philippines.
[3] Article 37, The Family Code of the Philippines.
[4] Article 38, The Family Code of the Philippines.
[5] Section 2, A.M. No. 02-11-10-SC.
