ANNULMENT, DIVORCE AND LEGAL SEPARATION IN

THE PHILIPPINES: QUESTIONS AND ANSWERS

By: Atty.Fred | January 11, 2007 in Annulment and Legal Separation
There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of
our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for
everyones easy reference, here are the FAQs on annulment and divorce in the Philippines:
Is divorce allowed under Philippine laws?
No, divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured
abroad by the foreigner-spouse, and even by former Filipinos, are recognized under Philippine laws. More
discussion here (Judicial Recognition of a Foreign Divorce Decree).
Would it make any difference if I marry abroad where divorce is allowed?
No. Filipinos are covered by this prohibition based on the nationality principle, regardless of wherever they
get married (and regardless where they get a decree of divorce). Discussions relating to Overseas Filipinos or
OFWs are transferred in Part V.
Is annulment different from a declaration of nullity of marriage?
Yes. In essence, annulment applies to a marriage that is considered valid, but there are grounds to nullify it.
A declaration of nullity of marriage, on the other hand, applies to marriages that are void or invalid from the
very beginning. In other words, it was never valid in the first place.
Also, an action for annulment of voidable marriages may prescribe, while an action for declaration of nullity of
marriage does not prescribe.
So, if a marriage is void from the very beginning (void ab initio), theres no need to file anything in
court?
For purposes of remarriage, there must be a court order declaring the marriage as null and void. Entering into a
subsequent marriage without such court declaration means that: (a) the subsequent marriage is void; and (b)
the parties open themselves to a possible charge ofbigamy.
What if no marriage certificate could be found?
Justice Sempio-Dy, in the Handbook of on the Family Code of the Philippines (p. 26, 1997 reprint), says:
The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be
void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission
of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not
invalidate the marriage. Also the mere fact that no record of marriage can be found, does not invalidate the
marriage provided all the requisites for its validity are present. (Citations omitted)
Can I file a petition (annulment or declaration of absolute nullity of marriage) even if I am in a foreign
country?
Yes, the rules recognize and allow the filing of the petition by Filipinos who are overseas.
What are the grounds for annulment?
1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was
solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching
21, the spouses freely cohabited with the other and both lived together as husband and wife.
2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless
such party after coming to reason, freely cohabited with the other as husband and wife.
3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge
of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) nondisclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
(ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than
her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the
time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or
lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character,

health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of
marriage.
4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means,
except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the
complaining party thereafter freely cohabited with the other as husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage
with the other, and such incapacity continues and appears to be incurable. Impotence is different from being
infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No.
3 above).
What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for
annulment?
Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At the very least,
however, these grounds may be used as basis for legal separation.
How is legal separation different from annulment?
The basic difference is this in legal separation, the spouses are still considered married to each other, and,
thus, may not remarry.
Is legal separation faster than annulment?
Not necessarily. The petitioner in a legal separation, just like in an annulment, is still required to prove the
allegations contained in the petition. More important is the mandatory 6-month cooling off period in legal
separation cases. This is not required in annulment or declaration of nullity cases. The court is required to
schedule the pre-trial conference not earlier than six (6) months from the filing of the petition. This period is
meant to give the spouses an opportunity for reconciliation.
What are the grounds for legal separation?
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a
child of the petitioner.
2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to
engage in prostitution, or connivance in such corruption or inducement.
4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
5. Drug addiction or habitual alcoholism of the respondent.
6. Lesbianism or homosexuality of the respondent.
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.
8. Sexual infidelity or perversion.
9. Attempt by the respondent against the life of the petitioner.
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.
The term child shall include a child by nature or by adoption.
Should I file a petition for legal separation, can I use my own sexual infidelity as a ground?
It is interesting to note that among the grounds for legal separation, as listed above, only sexual infidelity or
perversion is not qualified by the phrase of the respondent or by respondent. This may give the

impression that the sexual infidelity of the petitioner, or the one who filed the petition, may be used as a
ground in legal separation. We must consider, however, that legal separation is filed by the innocent spouse or
the aggrieved party against the guilty spouse.
What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still cohabitate with him/her?
This may be construed as condonation, which is a defense in actions for legal separation. In addition
to condonation, the following are the defenses in legal separation:
1.
Consent.
2. Connivance (in the commission of the offense or act constituting the ground for legal separation).
3.
Mutual
guilt
(both
parties
have
given
ground
for
legal
separation).
4.
Collusion
(to
obtain
decree
of
legal
separation).
5. Prescription (5 years from the occurence of the cause for legal separation).
If youre separated from your spouse for 4 years, is that a sufficient ground for annulment?
No. De facto separation is not a ground for annulment. However, the absence of 2 or 4 years, depending on the
circumstances, may be enough to ask the court for a declaration ofpresumptive death of the absent spouse, in
which case the petitioner may again re-marry. See Can someone remarry without going to court due to
absence or separation?
What are the grounds for declaration of nullity of marriage?
1. Minority (those contracted by any party below 18 years of age even with the consent of parents or
guardians).
2. Lack of authority of solemnizing officer (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. Absence of marriage license (except in certain cases).
4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively
dead).
5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of the other).
6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before entering into the
subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribute the properties
of the first marriage; and (ii) delivery of the childrens presumptive legitime.
7. Incestous marriages (between ascendants and descendants of any degree, between brothers and sisters,
whether of the full or half blood).
8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or
illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and childrenin-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted
child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child
of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to
marry the other, killed that other persons spouse, or his or her own spouse.
9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage,
contemplates downright incapacity or inability to take cognizance of and to assume the basic marital
obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse.
Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse,
habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a
finding of psychological incapacity. We already discussed the guidelines and illustrations of psychological
incapacity, including a case involving habitual lying, as well as the steps and procedure in filing a petition.
Please note, however, that there are still other grounds to declare a marriage as null and void.

Browse through the comments below to check if your questions are similar to that of others. Other common
issues are consolidated in Part II, Part III, Part IV, Part V, Costs in seeking an Annulment, and other related
posts. You can check the Related Posts at the bottom of each post.
Related Posts:

1. Rule on declaration of absolute nullity of void mariages and annulment

of voidable marriages
2. Annulment in the Philippines: Questions and Answers (Part 3)
3. Annulment in the Philippines: Questions and Answers (Part 2)
4. Rule on Legal Separation
5. Costs in seeking an annulment
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536 thoughts on Annulment, Divorce and Legal Separation in the Philippines:

Questions and Answers
1.

kpm_0301January 22, 2007 at 4:54 am

Dear Atty,
I would like to inquire abt the bigamy case. My cousin has remarried before his first marriage was
dissolved. Now his second wife got into trouble and got a fight with her friend about a certain loan.
Her friend wants her to shoulder the loan or the money that was missing and they told her that if she
do not pay that they will file a case against her and will definitely petition a bigamy case for her and
my cousin. Threatening her that they can easily issue a warrant of arrest because her friend is an
attorney and has access to most city halls and nbi. How will that be possible? They are both scared,
scared enough to come to work because they know that somebody might just catch them and arrest
them.
Reply

2.

emcolukJanuary 24, 2007 at 12:08 pm

If two foreigners marry in the Philippines and then obtain a divorce outside the Philippinesis this
divorce recognised under Philippines Law
Reply

3.

Atty. FredPost authorJanuary 24, 2007 at 5:27 pm

emcoluk, foreigners are governed by their own laws when it comes to divorce. As long as they validly
secure a divorce outside the Philippines, the divorce decree is respected under Philippines laws.
kpm, Im terribly sorry; please read the Terms. In the near future, we may be discussing preliminary
investigations, warrantless arrests and inquests in criminal cases. You might see the answers in that
post. Thank you.
Reply

4.

rwanJanuary 25, 2007 at 2:33 am

attorney,
is there such a law where a married woman can buy a property using her maiden name? will it be
still considered conjugal?
tnx
Reply

5.

rwanJanuary 27, 2007 at 4:21 am

in addition to what i wrote, i got married in 1997 and got separated in 2004. the father of my 9-yr old
son and i have no communication since then (no child support, etc which is not the issue). im
planning to buy a house & lot but wonder if i can use my maiden name. and of course, i dont want
him to have a share with this in case i file for annulment in the future.
tnx again
Reply

6.

Atty. FredPost authorJanuary 27, 2007 at 9:54 am

Rwan, Im not aware of any. On the other hand, a married woman is required to use the family name
of the husband. The extent by which a married woman may acquire property under her own name
largely depends on the kind of property relationship legally established during the time of marriage.
Beyond that information, I suggest you consult with your lawyer since were prohibited from giving

any legal advice in the absence of atty-client relationship. Of course, something could be done to
achieve your goal and I trust your lawyer knows it.
Good luck!
Reply

7.

marchfour08January 27, 2007 at 7:07 pm

Attorney Fred,
Could that be a valid ground to file for a petition of declaration of absolute nullity of marriage? Is that
certification an enough and valid proof that we dont have any marriage license? How long will it
usually take for such petition in family court? How long does it usually cost? Should I really need to
wait for the courts declaration before I could get married? Please help me. Thanks.
Reply

8.

angel_jasmineJanuary 28, 2007 at 10:31 pm

Attorney Fred,
Is there a way to file or get an annulment eventhough the wife doesnt appear in court? Are there
documents that needs to be signed by the wife in the process of the annulment? What if she doesnt
agree to sign? Is it still possible to continue the annulment? Is the divorce decree enough to finalize
the annulment?
Reply

9.

SEK800iJanuary 30, 2007 at 4:57 am

Atty. Fred,
Should an annulment be granted, can a church wedding be possible? Thank you for your time. Im
looking forward to your response. God bless.
Reply

10.

angel_jasmineJanuary 30, 2007 at 7:10 am

Atty Fred,
Will the Philippine court still recognized the divorce even the wife is neither a US immigrant or
citizen?
Reply

11.

Atty. FredPost authorFebruary 1, 2007 at 1:38 pm

Guys, sorry for the delayed reply, there were technical problems with the blog. First off, please
understand that we are prohibited from giving legal advice in this Forum, so you may notice that we
have declined from answering some of the questions. Nevertheless, as to general matters, here are
some notes that may hopefully point you in the right direction.
1. As discussed somewhere, it is indispensable, for the purpose of remarriage, to seek an annulment
or an order declaring a marriage as null and void. Ckeck with the NSO if a marriage certificate is on
file. Theres such a thing as a CENOMAR or a Certificate of No Marriage Record (read here).
2. A decree of annulment may be issued without the other party appearing in court. In fact, the
signature or appearance of the other spouse doesnt mean that the petition will be granted. The other
spouse may choose NOT to appear, which is the reason why the public prosecutor is under
obligation to check if theres no collusion between the parties.
3. Theres a requisite dispensation before someone whose marriage had been annuled may get
married again in church.
By the way, angel_jasmine, I cant understand your question. Please clarify.
Good luck to everyone.
Reply

12.

angel_jasmineFebruary 5, 2007 at 6:59 pm

Thanks for the reply atty. fred but Im still confused.

So are you saying that eventhough the wife (currently in America and has a divorce decree herself;
neither a US immigrant or a US citizen) doesnt appear in court and doesnt sign any document in
the process of the annulment, the husband can still acquire a decree of annulment? On what
grounds can the petition be granted? how long does it normally take?

If the husband has a copy of the divorce decree, can this be used as a strong evidence that can
expedite the process of the annulment? Does the phil. court recognized the divorce decree as legal
eventhough the wife is not a citizen of America?
Can the wife, eventhough not yet annuled, get married in America to a US immigrant? or does it
have to be a US citizen to completely consider the previous marriage null?
Does the wife have the right to have a copy of the annulment decree eventhough she didnt do
anything in the process? What does she need to do to obtain a copy? where?
I would appreciate your response.
Reply

13.

angel_jasmineFebruary 5, 2007 at 7:09 pm

Continuation
That is, if in case the husband doesnt want to give the wifes copy.
Reply

14.

Atty. FredPost authorFebruary 7, 2007 at 1:51 am

Jasmine, yes, its possible to secure an annulment or a declaration of nullity even if the other spouse
does not appear or sign anything. As I mentioned earlier, this is the reason why the public prosecutor
is under obligation to check if theres a collusion between the spouses. Please read again this article,
because the grounds are discussed in it. In my estimate, the average length of time is 1 year, and it
may be shorter or longer depending on the circumstances.
As long as the spouse seeking the divorce is a Filipino (a former Filipino is an entirely difference
matter), any divorce decree issued is not recognized under Phil. laws.
For your other queries, please check the other articles. You may use the search function the right
sidebar.
Good luck.
Reply

15.

rwanFebruary 7, 2007 at 5:40 pm

atty,
with regards to ur jan27 reply to my msg, can i at least register a property (should i buy one) under
my 9-yr old son? how does this go?
tnx again
Reply

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