What is Annulment in the Philippines?

Legal Definition of Annulment

In the Philippines, annulment is a legal procedure that declares a marriage null and void as if it never existed. It is different from legal separation or divorce (which is not allowed in the Philippines except for Muslim Filipinos under the Code of Muslim Personal Laws).

When a marriage is annulled, it is treated as though it was never valid from the beginning. This is in contrast to divorce, which acknowledges that a valid marriage existed but is now being dissolved.

Legal Framework

The legal framework for annulment in the Philippines is primarily governed by the Family Code of the Philippines (Executive Order No. 209), particularly Articles 35 to 53, which outline the grounds and procedures for annulment and declaration of nullity of marriage.

Types of Marriage Dissolution in the Philippines

In the Philippines, there are three main legal remedies for couples seeking to end their marital relationship:

1. Annulment

Annulment refers to the invalidation of a marriage that is considered voidable – meaning it was valid until annulled. The grounds for annulment must have existed at the time of marriage.

2. Declaration of Nullity of Marriage

This applies to marriages that are considered void from the beginning (void ab initio). These marriages are treated as if they never existed legally.

3. Legal Separation

Legal separation allows spouses to live separately but does not dissolve the marriage bond. The spouses cannot remarry as they are still legally married.

Psychological Incapacity

One of the most commonly invoked grounds for annulment in the Philippines is "psychological incapacity" under Article 36 of the Family Code. This refers to a spouse's inability to comply with essential marital obligations due to psychological factors.

The Supreme Court has established guidelines for determining psychological incapacity in the landmark case of Republic v. Court of Appeals and Molina (G.R. No. 108763, February 13, 1997), known as the "Molina Guidelines." These include:

• The incapacity must be grave or serious
• The incapacity must have existed at the time of marriage
• The incapacity must be incurable
• The incapacity must be proven by experts
• The incapacity must be related to the essential obligations of marriage

Effects of Annulment

When a marriage is annulled in the Philippines, it has several important legal effects:

On Personal Status

Both parties return to their single status and are free to remarry. Women may choose to revert to their maiden name.

On Children

Children born before the annulment are considered legitimate unless the court declares otherwise. The court will decide on matters concerning child custody, support, and visitation rights based on the best interest of the children.

On Property

The court may issue orders regarding the division of property acquired during the marriage. The property regime will be dissolved, and the assets will be divided according to the applicable property relations between the spouses.

Difference from Divorce

It's important to understand that annulment is fundamentally different from divorce:

Conclusion

Annulment in the Philippines is a complex legal process with stringent requirements. It provides a legal way to declare a marriage invalid based on specific grounds recognized by law. Due to the absence of divorce in the Philippines, annulment serves as the primary legal remedy for those seeking to dissolve their marital bonds completely.

If you're considering annulment, it's essential to consult with an experienced family law attorney who can guide you through the process and help you understand if you have valid grounds for annulment under Philippine law.