Family Code

Annulment and nullity of marriage in the Philippines

Void marriages (nullity) differ from voidable ones (annulment). Art. 47 sets who may file and when.

Void (nullity)

Arts. 35–38, 53; Art. 36 psychological incapacity (see Tan-Andal v. Andal, G.R. No. 196359, 11 May 2021).

Art. 45 grounds; Art. 47 periods (e.g. fraud — 5 years from discovery).

Family Court (RTC); prosecutor appears to prevent collusion; lawyer required.

Last reviewed November 9, 2026. Laws, rules and Bar Bulletins change; if a source above has been amended or superseded, the official text controls.

Art. 36 vs insanity?

Art. 36 voids; Art. 45(2) insanity is voidable.

Fraud deadline?

Art. 47(3): 5 years after discovery.

Does ocoai file?

No — research aid only.

A.M. No. 08-8-7-SC small claims filing steps, venue, forms and final judgment.

SENA, RAB venue, position paper and 10-day appeal under Labor Code Art. 229.

Rule 74 settlement by agreement when the decedent left no will and no debts.