Developments in Jurisprudence on the Nullity of Marriage in the Philippines

Marriage is a lifelong commitment, but not all marriages are legally valid.

In the Philippines, the nullity of marriage is governed by the Family Code, and over the years, jurisprudence has refined the interpretation of laws regarding void marriages.

Judicial Declaration of Nullity is Required

A marriage, even if void from the start, must be declared null by a court before a party can remarry. In Teves v. People (2011), the Supreme Court ruled that failing to secure this declaration before entering a new marriage constitutes bigamy, which is punishable under the Revised Penal Code.

Bigamy and Void Marriages

The traditional rule was that a void marriage still required a court decision before being disregarded in a bigamy case. However, in Pulido v. People (2021), the Court allowed a void marriage to be used as a defense against bigamy, particularly when the first marriage lacked a valid marriage license. An accused in a bigamy case is allowed to raise the defense of a prior void ab initio marriage through competent evidence other than the judicial decree of nullity.

Evolving Standards for Psychological Incapacity

A landmark case, Tan-Andal v. Andal (2021), clarified that psychological incapacity under Article 36 of the Family Code is not a medical disorder but an inability to fulfill essential marital obligations. This means that proving psychological incapacity no longer requires strict clinical diagnoses—courts will now assess the totality of evidence instead. After all, psychological incapacity is legal, not a medical term.

No Time Limit for Declaring a Marriage Void

The Supreme Court has reiterated in Ablaza v. Republic (2010) that actions for nullity of marriage do not prescribe—a void marriage can be challenged at any time, even after the death of one or both spouses.

Why Does This Matter?

Understanding these developments is crucial for individuals seeking to clarify their marital status or those facing legal issues related to void marriages. If you or someone you know is dealing with marriage nullity concerns, consulting a lawyer can help you navigate the legal process properly.