An annulment or declaration of nullity is not automatic; the respondent spouse, and importantly the State (through the public prosecutor and the Office of the Solicitor General), may oppose the petition, and there are recognized grounds and defenses. For petitions to annul a voidable marriage, common defenses include: ratification, where the aggrieved party freely cohabited with the other after the cause ceased or was discovered (for example, continuing to live together after the fraud was discovered, or after a party attained the required age in a lack-of-parental-consent case), which validates the marriage; prescription, where the action was not filed within the period the law allows for the particular ground (each annulment ground has its own prescriptive period, generally five years from the relevant reckoning point); and the failure to prove the ground itself, since the burden is on the petitioner to establish the ground by the required quantum of evidence. For petitions to declare a marriage void (such as on the ground of psychological incapacity), the respondent may contest the existence of the ground, for example, by disputing that the alleged incapacity is grave, juridically antecedent, and incurable in the legal sense, or by showing that what is presented is mere incompatibility or marital difficulty rather than a true incapacity. Crucially, the State plays an active role to prevent the collusive or fabricated dissolution of marriages: the prosecuting attorney or fiscal is tasked to appear on behalf of the State to take steps to prevent collusion between the parties and to ensure that the evidence is not fabricated or suppressed, and the OSG represents the State's interest in upholding the sanctity of marriage; a finding of collusion is a ground to dismiss the petition. There can be no judgment on the pleadings, summary judgment, or confession of judgment in these cases, precisely to guard against collusion. So an annulment or nullity petition may be opposed on grounds such as ratification, prescription, and failure to prove the ground, and the State actively opposes collusive petitions.
It Is Not Automatic
An annulment/nullity may be opposed by the respondent spouse and by the State (prosecutor and OSG). There are recognized defenses.
Defenses to a Voidable-Marriage Annulment
- Ratification — free cohabitation after the cause ceased or was discovered;
- Prescription — not filed within the period (generally 5 years); and
- Failure to prove the ground (the petitioner bears the burden).
Contesting Nullity, and the State's Role
For a void marriage (e.g., psychological incapacity), the respondent may show the alleged incapacity is not grave, antecedent, or incurable, or is mere incompatibility. The State guards against collusion and fabricated evidence — collusion is a ground to dismiss, and there is no judgment on the pleadings or by confession.
Practical Takeaways
- Oppose with ratification, prescription, or failure to prove the ground;
- For nullity, dispute the elements of the ground;
- The State opposes collusive petitions.
Frequently Asked Questions
Can an annulment petition be opposed? Yes. The respondent spouse and the State, through the public prosecutor and the OSG, may oppose the petition on recognized grounds and defenses, and the petitioner must still prove the ground.
What are defenses to an annulment of a voidable marriage? Ratification (free cohabitation after the cause ceased or was discovered), prescription (the action not filed within the period, generally five years), and the petitioner's failure to prove the ground by the required evidence.
How can a nullity petition based on psychological incapacity be contested? By disputing that the alleged incapacity is grave, juridically antecedent, and incurable in the legal sense, or by showing that what is presented is mere incompatibility or marital difficulty rather than a true psychological incapacity.
What is the State's role in opposing annulment? The prosecutor appears to prevent collusion between the parties and ensure the evidence is not fabricated or suppressed, and the OSG upholds the State's interest. A finding of collusion is a ground to dismiss, and there can be no judgment on the pleadings or by confession.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.