1. How can one legally dissolve his/her marriage in the Philippines?
A marriage may be dissolved through the filing of a Petition for Declaration of Nullity of Marriage or a Petition for Annulment of Marriage. Others may opt to file a Petition for Legal Separation, but such only entails separation from bed and board. The vinculo matrimonii, or the marital bond, is not severed in cases of Legal Separation.
2. What are the differences between and among petitions for the declaration of nullity of marriage, annulment, and legal separation?
In a Declaration of Nullity of Marriage, the marriage that is sought to be declared void ab initio or void from the beginning. Whereas in an Annulment, the marriage is considered voidable, or the marriage is valid but is susceptible of being voided pursuant to the grounds provided under the law. In both instances, the marriage of the parties is dissolved, allowing them to eventually remarry if they so desire. However, Legal Separation is only a separation from bed and board. The husband and the wife remain married to each other, and may not remarry.
3. Where should the Petition for Declaration of Nullity of Marriage, Annulment of Marriage or Legal Separation be filed?
The Petition should be filed with the Regional Trial Court acting as a Family Court of the province or city where either spouse has been residing for at least six (6) months prior to the date of filing thereof. (Sections 2(b) and 4, A.M. No. 02-11-10-SC) (Section 2(c), A.M. No. 02-11-11-SC)
4. Who may file for a Petition for declaration of Nullity of Marriage?
A Petition for Declaration of Nullity of marriage may be filed solely by the husband or the wife. (Section 2(a), A.M. No. 02-11-10-SC) However, in cases of bigamous marriages, the first spouse has the legal standing to file for the declaration of the nullity of the second marriage of his spouse. When the right of the spouse to protect his marriage is violated, that spouse is an injured party and is therefore necessarily interested in the judgment of the suit. The case of Estrellita Juliano-Llave vs. The Republic of the Philippines ruled that the prior spouse "is clearly the aggrieved party as the bigamous marriage not only threatens the financial and the property ownership aspect of the prior marriage but, most of all, it causes an emotional burden to the prior spouse." Being a real party in interest, the prior spouse is entitled to sue in order to declare a bigamous marriage void. (Fujiki v. Marinay G.R. No. 196049, 26 June 2013)
5. Does the action for declaration of nullity of a marriage prescribe?
No. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (Article 39, Family Code of the Philippines, as amended by R.A. No. 8533)
6. What are the grounds for a Judicial Declaration of Nullity of Marriage?
The grounds for filing for a Judicial Declaration of Nullity of Marriage are:
(1) Absence of any essential or formal requisites of marriage; (Article 4, Family Code)
(2) Bigamous and polygamous marriages (Article 40, Family Code);
(3) Psychologically incapacitated spouse; (Article 36, Family Code)
(4) Subsequent marriage upon reappearance of spouse; (Article 42, Family Code)
(5) Incestuous marriages; (Article 37, Family Code)
(6) Void by reasons of public policy; (Article 38, Family Code)
(7) Void subsequent marriages; (Articles 41, Family Code)
(8) Bad faith of both spouses (Article 44, Family Code); and
(9) Non-compliance with recording requirement after declaration of nullity
(Article 53, Family Code).
7. What marriages are void from the very beginning?
The following marriages are considered void from the very beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) 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;
(3) Those solemnized without a license, except in marriages under exceptional circumstances;
(4) Those bigamous or polygamous marriages not falling under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.
(Article 35, Family Code)
8. What marriages are considered incestuous and, for that reason, can be a ground for the declaration of nullity of marriage?
Marriages between the following are incestuous and void from the beginning, regardless if the parties' relationship is legitimate or illegitimate:
(a) Between ascendants and descendants of any degree; and
(b) Between brothers and sisters, whether of the full or half-blood.
(Article 37, Family Code)
9. What marriages are considered against public policy and, for that reason, can be a ground for declaration of nullity?
The following marriages are void from the beginning by reason of public policy:
(a) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
(b) Between step-parents and step-children;
(c) Between parents-in-law and children-in-law;
(d) Between the adopting parent and the adopted child;
(e) Between the surviving spouse of the adopting parent and the adopted child;
(f) Between the surviving spouse of the adopted child and the adopter;
(g) Between an adopted child and a legitimate child of the adopter;
(h) Between the adopted children of the same adopter; and
(i) Between parties where one, with the intention to marry the other, killed that other person’s spouse or his or her own spouse. (Article 38, The Family Code)
10. My husband and I, both Filipino citizens, got married abroad at the age of 16. Our marriage was celebrated and solemnized in a country where it was legal to get married at that age. Could I file a Petition for Declaration of Nullity of Marriage?
Yes, you may file a Petition for Declaration of Nullity of Marriage. As a general rule, 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, are also valid in the Philippines. However, the law simultaneously provides that such marriages should not expressly prohibited in our jurisdiction (Article 26, Family Code). A marriage contracted by minors, or those below eighteen years of age, even with the consent of parents or guardians, is considered void from the beginning (Article 35[1], Family Code). Since your marriage falls within the prohibition provided by statute, the same is void and you may file a petition to declare the nullity of such marriage.
11. My husband and I asked the wedding planner to process the requirements for our marriage. However, years later, we learned that the marriage license she provided was fake. What is the status of our marriage?
A valid marriage license is a requisite of marriage, the absence of which shall render the marriage void from the beginning (Article 3, Family Code). There are certain marriages which are exempted from requiring a marriage license for their validity (Article 27, 28, 31, 32, 33, 34, Family Code of the Philippines). However, your marriage does not appear to fall within such exceptions. Moreover, to be considered void on the ground of absence of a marriage license, the law requires that the absence of such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from the local civil registrar that no such marriage license was issued to the parties (Alcantara vs. Alcantara, G.R. No. 167746, 28 August 2007).
12. After we learned on our own assessment that our marriage is void because of the absence of a valid marriage license, my husband left me. After a few years, I found the love of my life and he proposed marriage. Can I remarry since my first marriage is void anyway?
No, a marriage though void still needs a judicial declaration of such fact before any party thereto can marry again; otherwise the second marriage will also be void (Apiag vs. Cantero, A.M. No. MTJ-95-1070, 12 February 1997). This was expressly provided for under Article 40 of the Family Code, to wit: the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.
13. What is psychological incapacity?
Psychological incapacity refers to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage. It is a ground to nullify a marriage under Article 36 of the Family Code and is confined to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage (Santos v. Court of Appeals, et al., G.R. No. 112019, 04 January 1995). However, the Supreme Court, in the recent case of Tan-Andal vs. Andal (G.R. No. 196359, 11 May 2021), modified the interpretation of the requirements of psychological incapacity. The Court ruled that it is not a medical but a legal concept, which refers to 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. Further, the Court held that this psychological incapacity need not be a mental or personality disorder. It need not be a permanent and incurable condition. Therefore, the testimony of a psychologist or psychiatrist is not mandatory in all cases. The totality of the evidence, however, must still show clear and convincing evidence to cause the declaration of nullity of the marriage.
14. After 15 years of marriage, I’m no longer in love with my husband. We don’t have any problem but the love and affection are no longer present. Can I file a petition to declare our marriage a nullity based on such ground?
No, lack of affection or love is not counted as among the grounds for declaration of nullity of marriage. To be tired and to give up on one’s situation and on one’s spouse are not necessarily signs of psychological illness; neither can falling out of love be so labeled. When these happen, the remedy for some is to cut the marital knot to allow the parties to go their separate ways. This simple remedy, however, is not available to us under our laws. Ours is a limited remedy that addresses only a very specific situation – a relationship where no marriage could have validly been concluded because the parties; or where one of them, by reason of a grave and incurable psychological illness existing when the marriage was celebrated, did not appreciate the obligations of marital life and, thus, could not have validly entered into a marriage (Renato Reyes So v. Valera, G.R. No. 150677, 05 June 2009).
15. My husband and I fight all the time such that our relation is extremely strained. Can I file for the declaration of nullity of our marriage on that ground?
Yes, you may file a petition to declare the nullity of your marriage if you could prove that such strain is brought about by your husband's psychological incapacity. Article 36 of the Family Code considers as void 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. The marriage shall likewise be void even if such incapacity becomes manifest only after its solemnization. In view of the recent pronouncement of the Supreme Court in the case of Tan-Andal vs. Andal (G.R. No. 196359, 11 May 2021), which modified the interpretation of the requirements of psychological incapacity, the totality of evidence needs only to be clear and convincing to cause the declaration of nullity of marriage. The Court in that case held that psychological incapacity is not a medical but a legal concept, which refers to 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. Further, the Court held that this psychological incapacity need not be a mental or personality disorder. It also need not be a permanent and incurable condition. Thus, you must prove that the strain in your relationship is an effect, manifestation, or symptom of such psychological incapacity.
16. My wife and I were able to marry each other in 1990 when we were both only 17 years old. She left me for another man in 1993 and I have not heard from her or seen her since. Could I still file a case for the declaration of nullity of our marriage?
Yes, the action or defense for the declaration of absolute nullity of a marriage does not prescribe. (Article 39, The Family Code of the Philippines) In your case, the declaration of absolute nullity of your marriage is based on the lack of legal capacity to contract marriage as both you and your wife were minors at the time of the celebration of the marriage.
17. What would be the effects of the declaration of nullity of our marriage to the status of our children?
As the general rule, children born or conceived within void marriages are considered illegitimate (Article 165, Family Code). However, the following situations are exceptions to the rule:
(a) Children conceived or born before the judgement of absolute nullity of the marriage under Article 36 has become final and executory are considered legitimate; and
(b) Children conceived or born of subsequent marriages under Article 53 shall likewise be legitimate (Article 54, Family Code).
18. Who may enjoy parental authority and custody of the children upon the declaration of nullity of my marriage?
Generally, children conceived and born outside a valid marriage are illegitimate and shall be under the parental authority of their mother. Accordingly, mothers are entitled to the sole parental authority of their illegitimate children, notwithstanding the father’s recognition of the child (Article 165 and 176, Family Code of the Philippines). The Court has previously ruled that it will not deprive a mother of custody, absent any imperative cause showing her unfitness to exercise such authority and care (Briones vs. Miguel, G.R. No. 156343, 18 October 2004). Moreover, the choice of a child over seven (7) years of age (Article 213[1], Family Code) and over ten (10) years of age (Rule 99, Rules of Court) shall be considered in custody disputes only between married parents because they are, according to Article 211 of the Family Code, accorded joint parental authority over the persons of their common children. The Court clarified in Masbate vs. Relucio (G.R. No. 235498), that this choice is not available to an illegitimate child, much more one of tender age (Article 213[2], Family Code), because sole parental authority is given only to the mother, unless she is shown to be unfit or unsuitable (Article 176, Family Code). If the mother is found to be unsuitable, Article 214 of the Family Code provides that substitute parental authority shall be exercised by the surviving grandparent. In default of parents or a judicially appointed guardian, Article 216 of the Family Code states that the following persons shall exercise substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as provided in Article 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified.
In view of the foregoing provisions of law, it must be noted that the paramount consideration in deciding to whom custody of children should be awarded is the best interest of the child.
