Philippine Annulment Law Made Easy
DECLARATION OF NULLITY OF MARRIAGE
petition to declare the marriage void presupposes that the marriage was
void or invalid from the beginning. Legally, it can be said that the
marriage did not even exist. But there are so many questions about this
issue like, do you need to file the Petition if your marriage did not
even exist from the beginning? The answers that you have been looking
for can be found below.
Q. What are the grounds to declare the marriage void?
GTALAW: The grounds to declare the marriage void are as follows:
1. Those contracted by any party below eighteen years of age even
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 license unless exempted by law.
4. Those bigamous or polygamous marriages.
5. Those contracted through mistake of one contracting party as to the
identity of the other;
6. Assuming that you caused the annulment of your first marriage.
However, you get married immediately without waiting for issuance
Final Decree of Annulment. Your second marriage can also
be voided by
7. Psychological Incapacity of the husband or wife, existing at the time
of marriage, which prevents him or her from complying with the essential
marital obligations of marriage, even if such incapacity becomes
manifest only after the solemnization of the marriage.
8. Incestuous Marriages (between ascendants and descendants; between
brothers and sisters whether full or half blood).
9. Marriages between relatives:
a. between collateral blood relatives,
whether legitimate or illegitimate, up to the fourth civil
b. between step-parents and step-children;
c. between parents-in-law and children-in-law;
d. between the adopting parent and the adopted
e. between the surviving spouse of the adopting
parent and the adopted
f. between the surviving spouse of the adopted
child and the adopter;
g. between an adopted child and and a legitimate
child of the adopter;
h. between adopted children of the same
i. between parties where one, with the intention to
marry the other, killed the other person’s
spouse, or his or her own spouse.
Q. I just found out that my husband was married before and I have
obtained a marriage contract from the NSO to prove this. It was
also confirmed when I confronted my husband about this. Do I still have to
file a Petition? Can I also file a criminal case against my husband? Can
his ex-wife file a criminal case against me? What is my defense, if any?
GTALAW: Although your marriage was void from beginning, the law
still requires you to obtain a declaration of absolute nullity of your
marriage by filing a petition in court. Yes, you can also file a
criminal case for Bigamy against your husband. Yes, his ex-wife may file
a criminal case for bigamy against you and your husband. But your
defense is lack or absence of knowledge regarding his prior marriage or
absence of criminal intent.
Q. What happens if I will get married without having my first
marriage declared void?
GTALAW: Your second marriage will be invalid for being bigamous.
The sad thing is, you will be facing another criminal case for bigamy
so far as your second marriage is concerned.
Q. Is there a time limit for me to file a Petition to
declare the marriage void?
GTALAW: The action to declare the marriage void shall not
prescribe. Meaning, you can file the petition anytime during your
Q. My lawyer told me that my second marriage was void from
beginning. I totally disagreed because the Court has already issued
a Decision declaring my first marriage void from the beginning. I also
showed him the Court Decision and an Entry of Judgment from the same
Court. But my lawyer still insists that my second marriage
because I failed to obtain a final decree of annulment
from the Court?
Is my lawyer correct?
GTALAW: Yes, your lawyer is correct. It appears to us that you
have not completed the process before you can validly contract a second
marriage. You should have brought the Court Decision and Entry of
Judgment for recording at the Local Civil Registrar where your first
marriage was recorded. After the recording, you should have gone back to
the Court to show proof that the Court documents were already recorded
in the Local Civil Registrar. The Court will then issue a Final Decree
of Annulment. Since you failed to follow this process, your second
marriage is void.
:: Related Topics
Lesson I: Annulment
Lesson II: Declaration of Nullity of Marriage
Lesson III: Issues About Marriage License
Lesson IV: Issues About Psychological Incapacity
Lesson V: Court procedure and evidence to
prove psychological Incapacity
Lesson VI: Solutions for Petitioners Working Overseas
Lesson VII: Issues after the issuance of
Lesson VIII: Divorce obtained by former
Lesson IX: Our Fee Structure