Annulment vs Declaration of Nullity in the Philippines: Which Applies?

By Atty. Ray John Bangi. Published 2026-01-30.

The Core Difference

A void marriage is one that never legally existed. A voidable marriage is valid until annulled. Declaration of nullity addresses the first; annulment addresses the second.

Grounds for Declaration of Nullity

Article 36 (psychological incapacity), absence of essential or formal requisites, incestuous or bigamous marriages, and others.

Grounds for Annulment

Lack of parental consent, unsound mind, fraud, force or intimidation, impotence, or sexually transmissible disease — each subject to specific prescriptive periods.

Effects on Children and Property

Children of marriages declared void under Article 36 are considered legitimate. Property regimes, support, and custody are governed by the Family Code provisions specific to the cause.

Timeline and Cost

Both proceedings are full-blown court cases. Timelines depend heavily on the docket of the Family Court and the position taken by the Office of the Solicitor General. For the numbers, see our annulment cost breakdown, and for the procedure the step-by-step filing guide. If you are still weighing remedies, compare legal separation, annulment, nullity and divorce.

Contact Eleazar Bangi & Associates Law Firm

Office: 511 Bell Mansion, Bagong Pag-asa, Quezon City, Metro Manila 1105, Philippines. Hours: Monday to Friday, 9:00 AM to 6:00 PM. Email: rjbangi@reblegal.com. WhatsApp and Viber available. Contact us.