Understanding the Fundamental Difference Between a Declaration of Nullity and Annulment

Imagine this:

Alex and Bea had a beautiful “church wedding” in 2010. The flowers were fresh, the priest officiated the ceremony, and everyone thought it was the start of a lifelong journey together. But there was one major problem—they never secured a civil marriage license. Years later, when the relationship soured, Alex wanted out. Can he just say the marriage was never valid in the first place?

Now meet Carlo and Dana. They got married in 2022 after Dana’s parents threatened Carlo with criminal charges unless he said “I do.” Once the intimidation ended, Carlo wanted the marriage set aside. But this time, the law doesn’t treat his marriage the same way as Alex’s.

Why? Because not all “failed marriages” are legally equal. One might be void from the very beginning (as if no marriage ever existed), while the other is valid—until annulled.

Let’s look at the law.

Philippine law draws a clear line between void and voidable marriages. This distinction is the heart of the difference between a Declaration of Nullity and an Annulment.

In Cruz v. Cruz (G.R. No. 211153, 28 February 2018), the Supreme Court explained:

“An action for annulment of contract is one filed where consent is vitiated… annulment contemplates a contract which is voidable, that is, valid until annulled… It may be ratified… An action for annulment of contract has a four-year prescriptive period. On the other hand, an action for declaration of nullity of contract presupposes a void contract… Such contract as a rule produces no legal and binding effect… Neither may it be ratified. An action for the declaration of nullity of contract is imprescriptible.”

This means that a voidable marriage (subject of annulment) starts out valid and produces legal effects—until a court says otherwise. It can even be ratified if the defect is later corrected. But a void marriage (subject of nullity) is treated as though it never existed at all—no amount of time or consent can make it valid.

The same idea was echoed in Niñal v. Bayadog (G.R. No. 133778, 14 March 2000):

“A marriage that is annulable is valid until otherwise declared by the court; whereas a marriage that is void ab initio is considered as having never to have taken place and cannot be the source of rights… A voidable marriage cannot be assailed collaterally… while a void marriage can be attacked collaterally… That is why the action or defense for nullity is imprescriptible… Only the parties to a voidable marriage can assail it but any proper interested party may attack a void marriage.”

The Family Code reinforces this distinction. It declares that a marriage lacking essential or formal requisites (like a marriage license) is void, while those entered into with vitiated (corrupted) consent—such as through intimidation or fraud—are merely voidable.

However, under Enrico v. Heirs of Medinaceli (G.R. No. 173614, 28 September 2007), only the husband or wife may file the original petition for declaration of nullity for marriages celebrated under the Family Code. Heirs may question the validity of such marriages only collaterally, such as in estate proceedings.

And to settle it once and for all, the Supreme Court in Tilar v. Republic (G.R. No. 214529, 12 July 2017) ruled that ecclesiastical declarations (from church tribunals) have no civil effect—only civil courts can decide the validity of a marriage under Philippine law.

Let’s go back to our couples.

For Alex and Bea, who had no marriage license when they got married in 2010, their marriage is void ab initio—as if it never existed in the eyes of the law. Alex must file a Petition for Declaration of Absolute Nullity of Void Marriage. It doesn’t matter that years have passed; actions for nullity never prescribe (Niñal; Cruz).

If Alex had already died, his heirs could still raise the issue of the marriage’s validity during estate proceedings, but they cannot file an original nullity petition (Enrico case). And even if the Church later declares the marriage null, that decision has no civil effect unless confirmed by a Philippine court (Tilar).

For Carlo and Dana, who married under pressure in 2022, their marriage is voidable—meaning it’s valid until annulled. Carlo must file a Petition for Annulment of Voidable Marriage within the period set by law, counted from the time the intimidation ceased.

If, after the intimidation, Carlo continued to live with Dana freely, the law considers the marriage ratified, extinguishing his ground for annulment. While it remains valid, all marital rights and obligations continue to exist—property relations, legitimacy of children, and more—until the court issues a decree of annulment. Carlo cannot simply ignore the marriage; he must challenge it directly (Niñal; Cruz).

Now, let us look at the key takeaways.

A Declaration of Nullity is for marriages that are void from the very beginning—no license, no consent, or other fatal defects. These marriages as if never existed, and the action to declare them void is imprescriptible.

An Annulment, on the other hand, is for marriages that were valid at first but suffered from defects like intimidation, fraud, or insanity. These can still be ratified and are subject to prescriptive periods.

So, if you’re wondering whether your marriage “never really existed” or “needs to be annulled,” the distinction matters—a lot. The right legal remedy can mean the difference between freedom and frustration.

If you find yourself in a situation like Alex or Carlo, consulting a family law practitioner can help you understand which path applies to your case—and how to move forward legally and confidently.

If you’re unsure whether your marriage is void or voidable, it’s best to seek professional legal advice before taking any step. Should you wish to have a professional guidance that is clear without having to travel far, you may schedule a confidential consultation with us via Viber, Zoom or Google Meet.

(This post was created with the aid of digital tools and reviewed by a licensed legal professional to ensure accuracy and relevance.)