A marriage void ab initio is deemed non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the ceremony never happened . Because it is legally flawed, it can never be cured by cohabitation .
Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered binding and effective until it is annulled by a competent court . Unlike null unions, a voidable marriage may be ratified if the offended party cohabits with the other after the defect is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If one spouse was mentally ill at the time of the wedding .
Deception: Consent gained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through violence .
Physical Incapacity : If one party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable void vs voidable marriage philippines
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Cannot be cured | Can be validated | | Prescription | Never expires | Usually 5 years | | Children's Status | Generally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Speaking with a specialized attorney in the Philippines is essential to guarantee your petition is processed correctly.