Tag Archives: declaration of nullity

How to File a Case for Annulment in the Philippines while Abroad

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Can a Filipino file an annulment case in the Philippines while abroad? The same issue equally applies to annulment of marriage, declaration of nullity of marriage, and recognition of a foreign divorce decree. Overseas Filipinos (OF) and Overseas Filipino Workers (OFWs) are currently confronted with the threat of the covid-19 global pandemic and the resulting lockdown/quarantine implemented around the world. Many Filipinos, whether in the Philippines or while abroad, seek a fresh start in their marital life. They seek to do it the right way by ensuring that the previous marriage is properly nullified or declared void (for one, children in the next family are considered illegitimate).

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Weddings may still be Conducted during the Community Quarantine Period

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Mass gatherings are prohibited under the Revised Omnibus Guidelines, issued by the IATF to regulate activities during the community quarantine period. Nevertheless, a number of activities are allowed (and establishments allowed to operate). While there is no explicit mention of weddings, such ceremonies may be subsumed under “religious gatherings”, to be attended by not more than 5 persons in MECQ areas and 10 persons in GCQ areas.

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Grounds for Declaration of Nullity of Marriage in the Philippines

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Declaration of nullity and annulment are used interchangeably by lay people, but these two concepts are different. Declaration of nullity refers to a marriage which is void from the very beginning, while annulment refers to a marriage that is valid until annulled by a court. There are separate grounds for declaration of nullity of marriage (see below), annulment of marriage, and legal separation. The following marriages shall be void from the beginning:

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Procedure in Annulment of Marriage and Declaration of Nullity of Marriage in the Philippines

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The procedure provided under the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages is discussed below. Note that a petition for “annulment” refers to voidable marriages, which are valid until annulled by the court, while a petition for “declaration of nullity” refers to marriages that are considered void or inexistent from the very beginning. There are other differences, e.g., legitimate status of children, property relations between the spouses, prescription and ratification (for the procedure in legal separation, see Steps/Procedure in Legal Separation Cases). For convenience, we may refer to both petitions as “annulment”.

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How Many Years Before a Marriage becomes Void in the Philippines?

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There are a number of articles in this Forum discussing the legal reality that a marriage, no matter how may years the spouses are apart or separated, remains valid under the laws of the Philippines. The questions, however, keep pouring in. After how many years of separation is a marriage annulled? If married but separated for 10 years, is the marriage void? Does the marriage become invalid after 7 years of separation? Can I remarry if my husband abandoned us?

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Residence: Guidelines to Validate Compliance with Jurisdictional Requirement (Annulment, Declaration of Nullity, Legal Separation)

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Venue, or in which city or province the petition must be filed, is one of the matters covered in the relevant procedures for legal separation or annulment/declaration of nullity. The venue in these petitions is the place of residence of either the petitioner (spouse who filed the petition) or respondent (the other spouse), at the option of the petitioner. The Supreme Court has issued a set stricter guidelines when it comes to venue. 

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Steps/Procedure in Legal Separation Cases

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When filing a petition for legal separation, the petitioner-spouse must consider a number of factors. One, there must be a ground for legal separation (see Grounds for Legal Separation), which is different from the grounds for annulment or declaration of nullity (see Grounds for Annulment and Grounds for Declaration of Nullity). Two, legal separation does not result to the dissolution of marriage, which means that none of the spouses can remarry even if the petition is granted. Three, the procedure for legal separation is different from that of annulment or declaration of nullity (see Procedure for Annulment or Declaration of Nullity), but the duration and costs are comparably the same. The procedure for legal separation, based on A.M. No. 02-11-11-SC dated 4 March 2003, is discussed below.

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Irreconcilable Differences: Not a Ground for Declaration of Nullity of Marriage in the Philippines

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There is a spike in divorce applications in other countries as a result of the COVID-19 lockdown, reports say. The apparent reasons cited include clash of personalities, arguments and irreconcilable differences that resulted after weeks of being forced close together under one roof. The Philippines is also on lockdown, but the similarity ends there — divorce is not allowed (but may be recognized) in this jurisdiction and the ground of irreconcilable differences is not expressly included in the grounds for legal separation, annulment, or declaration of nullity.

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Psychological Incapacity: Basic Guidelines (Declaration of Nullity of Marriage in the Philippines)

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The Family Code does not define the term “psychological incapacity” (Article 36). This provision is deliberately broad. The Supreme Court noted in  the 1995 case of Santos that based on the deliberations of the committee on the Family Code Revision, the provision is designed “to allow some resiliency in its application”. In Santos, the Supreme Court first declared that psychological incapacity is characterized by the following:

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Expert Witnesses in Psychological Incapacity Cases (Article 36, Family Code of the Philippines)

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Successfully prosecuting a case for declaration of nullity of marriage based on the ground of psychological incapacity (Article 36, Family Code) is not easy. Among the requirements, set out in the Molina case, is that the root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision.

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