Family relationships are deeply personal and often emotionally complex. In the Philippines, where divorce remains generally unavailable, the Family Code provides two primary legal remedies to address marital breakdowns: annulment and legal separation. This guide offers a clear explanation of these remedies, with particular attention to the important ground of psychological incapacity under Article 36 of the Family Code, supported by relevant jurisprudence.

This overview is especially useful for individuals and families in Bulacan and other parts of the Philippines who are seeking to understand their legal options.

Annulment vis-á-vis Declaration of Nullity?

Declaration of nullity is a judicial declaration that a marriage is null and void from the beginning, as if it never legally existed.

Annulment is a judicial declaration that a marriage, though valid at the start, is invalid due to defects existing at the time of its celebration, and is valid until annulled by the court.

Unlike divorce, which dissolves a valid marriage, both annulment and declaration of nullity address defects existing at or before the time of marriage.

Grounds for Annulment

Under Article 45 of the Family Code, a marriage may be annulled for the following reasons:

Lack of parental consent — if one party was between 18 and 21 years old and married without the consent of parents or guardians.
Psychological incapacity — a party is psychologically incapacitated to comply with the essential marital obligations of marriage (Article 36).
Fraud — consent was obtained by fraud.
Force, intimidation, or undue influence — consent was obtained by such means.
Impotence — physical incapacity to consummate the marriage, continuing and incurable.
Serious sexually transmissible disease — unknown to the other party at the time of marriage and appears incurable.

Declaration of Nullity (Psychological Incapacity)

Article 36 of the Family Code provides that a marriage is void if either party was psychologically incapacitated at the time of marriage to comply with essential marital obligations. This incapacity must be:

Grave and serious — not a mere difficulty or incompatibility.
Existing at the time of marriage — even if it becomes manifest only later.
Incurable — no available remedy or treatment.

The Supreme Court has clarified in cases such as Fopalan v. Fopalan (G.R. No. 250287, 2022), Tan-Andal v. Andal (G.R. No. 196359, 2021) and Republic of the Philippines v. Galang (G.R. No. 168335, 2011) that psychological incapacity involves a mental condition that renders a party incapable of understanding and fulfilling the basic marital duties of love, respect, fidelity, and support. The incapacity must be proven with clear and convincing evidence, showing a deep psychic condition of an enduring personality disorder that existed at the time of marriage.

Effects of Annulment

The marriage is valid and produces legal effects until annulled by final judgment.
Upon annulment, the marriage is set aside prospectively; civil effects (e.g., legitimacy of children, property relations) are governed by the Family Code.
The parties may remarry only after the finality of the annulment decree.
The marriage may be ratified under certain circumstances before annulment.

Effects of Declaration of Nullity

The marriage is considered never to have existed from the beginning.
The declaration of nullity has retroactive effect; all civil effects of marriage are generally voided, except those provided to protect innocent parties and children (e.g., legitimacy of children under the "putative marriage" doctrine).
The parties are free to remarry after the finality of the decree.
There is no ratification possible for a void marriage.

What is Legal Separation?

Legal separation is a judicial remedy that allows spouses to live separately and divides their properties but does not dissolve the marriage bond. Often called the physical separation of spouses from bed and board. Unlike annulment and nullity, legal separation does not grant the right to remarry.

Grounds for Legal Separation

Under Article 55 of the Family Code, the following are grounds for legal separation

Repeated physical violence or grossly abusive conduct.
Physical violence or moral pressure to change religious or political affiliation.
Attempt to corrupt or induce spouse or child into prostitution.
Final judgment sentencing the respondent to imprisonment of more than six years.
Drug addiction or habitual alcoholism.
Lesbianism or homosexuality.
Bigamous or polygamous subsequent marriage.
Sexual infidelity or perversion.
Attempt against the life of the petitioner.
Abandonment without justifiable cause for more than one year.

Effects of Legal Separation

Spouses may live separately.
The conjugal partnership or absolute community of property is dissolved.
Custody and support of children are determined by the court, prioritizing their welfare.
Neither spouse may remarry as the marriage bond remains intact.

Conclusion

If you or someone you know is considering annulment, nullity, or legal separation, it is crucial to seek competent legal counsel. These processes involve detailed pleadings, court hearings, and documentary evidence. Understanding the grounds, especially the critical ground of psychological incapacity under Article 36 of the Family Code, and the effects of each remedy will help in making informed decisions.

This article is an original work prepared by Atty. Rhone Arevyn E. Roque, RMT. It constitutes the intellectual property of R. LAW FIRM. While sources and drafting assistance may include the use of artificial intelligence, the final content reflects professional legal oversight. This material is intended for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a licensed attorney.

R. LAW FIRM

Navigating Family Law in the Philippines: Annulment, Nullity and Legal Separation Explained