Annulment and nullity of marriage must be filed and served electronically with the Supreme Court.
The Supreme Court expanded Rule 13-A of the Rules of Civil Procedure, governing the electronic filing of all pleadings, motions, and other papers, including annulment and nullity of marriage cases as it is classified as special proceedings and procedurally similar to the prosecution of civil actions.
Difference between Annulment and Declaration of Nullity of Marriage
Annulment is a legal process by which a valid marriage is declared as null and void by the court due to specific grounds arising after the wedding ceremony. While the declaration of nullity of marriage is where a marriage is declared as null and void, as it has never taken place from the beginning.
Legal Grounds for Annulment and Nullity of Marriage
Annulment and nullity of marriage may sound similar and confusing. However, these are different cases and can be filed depending on their legal grounds.
Legal Grounds for Annulment in the Philippines
Under Article 45 of the Family Code of the Philippines, the marriage may be annulled if:
- One or both parties were underage or too young when they got married and without the consent of their parents at the time of marriage. However, if they reached the age of twenty-one (21) and wants to stay married, this may no longer apply;
- One of the parties was of unsound mind;
- One party agreed to be married by force, intimidation, or undue influence;
- One of them agreed to the marriage due to fraud;
- Either of the parties is physically incapable of consummating the marriage; and
- One party has a serious and incurable sexually-transmissible disease (STD).
Legal Grounds for Nullity of Marriage in the Philippines
Under Article 35 of the Family Code, a marriage may be nullified if:
- One or both parties are under eighteen (18) years old, even with the consent of their parents or guardians;
- Marriage is 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;
- Marriage was solemnized without a valid marriage license;
- Involves bigamous or polygamous marriage;
- One party’s identity was mistaken by the other party;
- Marriage is considered invalid under Article 53 of the same Code.
Additionally, the following marriages shall be void from the beginning, as provided in Articles 36 to 38 of the Family Code of the Philippines:
- 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.
- Marriages between ascendants and descendants of any degree, and between brothers and sisters, whether of the full or half blood, whether relationship between the parties be legitimate or illegitimate
- Marriages 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 shall be void from the beginning for reasons of public policy.
Who May File for Annulment in the Philippines?
According to Article 47 of the Family Code of the Philippines, the following individuals may file for annulment:
- Either of the parties’ parents or guardians who did not consent to the marriage, particularly if the marriage is between the underage parties;
- Unaware spouse about his/her spouse’s mental incapacity;
- Individual whose consent to the marriage was obtained through fraud;
- Injured party whose consent was obtained through force;
- Individual whose spouse is physically incapable of consummating the marriage; and
- Anyone whose spouse has a Sexually Transmitted Disease (STD).
Who May File for Nullity of Marriage in the Philippines?
Any involving party may file a petition for the nullity of marriage. However, in cases of bigamous or polygamous marriage, the first legal spouse is the only individual who can file for nullity of the second marriage of his/her spouse.
Filing Requirements for Annulment and Nullity of Marriage
Filing for annulment and nullity requires the necessary documents, which are as follows:
Requirements for Filing an Annulment in the Philippines
- PSA Marriage Certificate
- PSA Birth Certificates of Spouses and child/children, if applicable
- Proof of Residency of both parties (resident for 6 months prior filing)
- Notarized Certificate of Residency, issued by the barangay
- Affidavit of Personal Verification of Residency by counsel
- Judicial Affidavits of the petitioner and corroborating witnesses
- Medical Records or Psychological/ Psychiatric Evaluation Report, if applicable
- Additional documents, if required
Requirements for Filing a Nullity of Marriage in the Philippines
- Authenticated copy of marriage certificate
- PSA Birth Certificate of child/children, if applicable
- Copy of marriage settlement or pre-nuptial agreement, if applicable
- Copy of agreement regarding child support or custody, if applicable
- Inventory of properties
- List of witnesses
- Additional documents, if required
Electronic Filing Process of Annulment and Nullity of Marriage
The Supreme Court requires e-filing for annulment and nullity of marriage. To file your case with the court electronically, you may follow these procedures, as provided under AM No. 10-3-7-SC and AM No. 11-9-4-SC:
- Scan each pleading, with annexes, or convert them to Portable Document Format (PDF).
- Save as separate files following these filename formats: [Pleading]-[Docket No.].pdf and [Annex A]-[Pleading]-[Docket No.].pdf.
- Send to the court’s official email address within 24 hours from the primary filing with the subject: [Docket No.], [Case Title-Pleading Title], and [Designation of the Pleading or Court Submission]. The body shall contain the following: (a) Primary manner of filing; (b) Filing date; and (c) Case Data such as: (i) Docket Number; (ii) Case Title; (iii) Name of the Filing Party; (iv) Contact Numbers of the filer; (v) Other email address of the filer (if any); and (vi) List of titles of the attachments. Do not forget to carbon copy (CC:) the email addresses of all counsels and their law firms, and optionally, all parties, and retain a copy of transmittal of submissions, filing or service via email.
Please note that this is required after the physical filing of civil pleadings in first- and second-level courts. Additionally, consulting with a lawyer is highly advisable to be guided through the filing and court process.
How Long Does It Take to Process Annulment and Nullity of Marriage in the Philippines?
Processing an annulment and divorce has no guaranteed timeline, as it may take longer, depending on the complexity of the case and the court’s schedule.
Who Gets Custody Over a Child in Annulment and Nullity of Marriage?
Minor Child/ Children
The custody over a minor child is awarded to the innocent spouse. However, if the child is under seven (7) years old, they must not be separated from their mother unless the following compelling reasons apply:
- Neglect
- Abandonment
- Unemployment
- Immorality
- Habitual drunkenness
- Drug addiction
- Maltreatment of the child
- Insanity
- Affliction with a communicable disease
Child/ Children over seven (7) years of age
Article 213 of the Family Code it provides that the choice or interest of the child over seven years of age shall prevail in case of separation of the parents, unless the parent chosen is unfit.
Moreover, if both parents are unfit, substitute parental authority may be exercised by the surviving grandparent, eldest brother or sister over the age of twenty-one (21) years old, unless unfit or disqualified, or any other person deemed suitable by the court can be granted custody.
What Happens to the Conjugal Property in Annulment?
In annulment, the conjugal partnership is terminated upon the finality of the decree of annulment. The conjugal properties will be equally divided between both parties. Only the family home will be given to the party who resides with their child/children to ensure their welfare.
What Happens to the Conjugal Property in Nullity of Marriage?
In the nullity of marriage, the properties acquired by both parties through their work are considered co-owned. If any or both parties acquired properties in good faith through their work or industry, and the fruits thereof shall be owned in common in equal shares, as provided under Article 147 of the Family Code. However, if one or both parties are in bad faith, or are not capacitated to marry each other, only the property acquired by both parties through actual joint contribution of money, property, or industry shall be owned by them in proportion to their respective contributions.
Need further information and assistance regarding the Electronic Filing of Annulment and Nullity of Marriage with the Philippine Supreme Court? Talk to our team at Duran & Duran-Schulze Law in BGC, Metro Manila, Philippines to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
