Text of the provision
Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Articles 45, by the injured party, within five years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage.
(87a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Article 47 is the procedural key to Article 45. Article 45 lists the six grounds for annulling a voidable marriage; Article 47 answers the two questions that decide whether a petition can actually be brought: who may file, and by when. A ground that fits Article 45 perfectly is worthless if the wrong person brings it or the deadline has passed.
Note that these prescriptive periods apply to voidable marriages only. An action to declare a marriage void under Article 35 or Article 36 does not prescribe — a void marriage can be challenged at any time.
The periods at a glance
- No parental consent (Art. 45(1)) — the underage party has five years after turning twenty-one; the parent or guardian may file at any time before the party turns twenty-one.
- Unsound mind (Art. 45(2)) — the sane spouse, a relative or guardian, or the insane spouse in a lucid interval or after regaining sanity, at any time before the death of either party.
- Fraud (Art. 45(3)) — the injured party, within five years after discovering the fraud.
- Force, intimidation or undue influence (Art. 45(4)) — the injured party, within five years from when the force or intimidation ceased.
- Physical incapacity or serious STD (Art. 45(5) and (6)) — the injured party, within five years of the marriage.
Read this article together with the Article 45 "unless" clauses: a ground can be lost either by ratification through continued cohabitation or by letting the period here run out.
Related provisions
- Article 45 — the six grounds these periods attach to.
- Article 48 — the State's mandatory role once a petition is filed.
Cases interpreting this article
- Authorities construing the prescriptive periods and standing under this article will be added as each is verified against primary sources.