Personal and Family Law

Under the Family Code of the Philippines, the following are the grounds to declare a marriage void from the beginning:

  • Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
  • 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;
  • Those solemnized without license subject to certain exceptions;
  • Those bigamous or polygamous marriages;
  • Those contracted through mistake of one contracting party as to the identity of the other;
  • Psychological incapacity at the time of the marriage celebration, which prevents either the husband or wife from fulfilling the essential obligations of marriage;
  • Marriages between ascendants and descendants of any degree; between brothers and sisters whether full- or half-blood are incestuous and void from the beginning;
  • Incestuous marriages (Under Art. 37)
  • Marriages void by reason of public policy (under Art. 38)

Under the Family Code of the Philippines, the following are the grounds by which the court can annul a marriage:

  • ABSENCE OF PARENTAL CONSENT - Either party to the marriage was eighteen (18) years of age or over but below twenty-one (21) consent was not given by the parents, guardian or person having substitute parental authority. However, if the parties freely cohabited as husband and wife after having reached the age of twenty one (21), a Petition for Annulment can no longer be filed.
  • INSANITY - Either party was of unsound mind when the marriage was solemnized If the parties freely cohabited with each other after he or she came to reason, a petition for annulment of marriage can no longer be filed.
  • FRAUD - The consent of either party was obtained by fraud, unless such party after having knowledge of the fraud, freely cohabited with the other. The Petition for Annulment must be filed within five (5) years after the discovery of the fraud.
  • FORCE, INTIMIDATION, or UNDUE INFLUENCE - The consent of either party was obtained by force, intimidation or undue influence, unless when the force, intimidation or undue influence has ceased and the injured party freely cohabited with the other. The injured party must file the Petition for Annulment within five (5) years from time the force, intimidation or undue influence disappeared or ceased.
  • IMPOTENCY - One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The Petition for Annulment must be filed within five (5) years after the solemnization of the marriage.
  • AFFLICTION OF SEXUALLY TRANSMISSIBLE DISEASE - Either party was at the time of marriage afflicted with a sexually-transmitted-disease (STD) found to be serious and incurable. The Petition of Annulment must be filed within five (5) years after the solemnization of the marriage.

Paragraph 2 of Article 26 of the Family Code sanctions an action for recognition of divorce. The said provision provides:

“Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.”

  • A foreign decree of divorce may be recognized in the Philippines although it was the Filipino spouse who obtained the same (Republic of the Philippines vs. Marelyn Tanedo Manalo / G.R. No. 221029)
  • An alien who obtained a valid divorce in his own country, need NOT file a petition for the recognition of his divorce in order for him to gain legal capacity to re-marry. If the law of the alien who obtained a divorce says that he can legally remarry after the divorce, such law applies and he can remarry without filing a petition for the recognition of the divorce he obtained. This applies regardless of where the marriage between an alien and a Filipino Citizen was solemnized.

  • This service is available to those who are outside the Philippines, whether Filipino Citizens or citizens of other countries, in need of National Bureau of Investigation (NBI) or Police Clearance. If you are currently residing in the Philippines and you need an NBI Clearance, you must personally get one from the National Bureau of Investigation office.