People often lump together every way out of a marriage as 'annulment,' but the grounds fall into two legally different baskets. Psychological incapacity under Article 36 of the Family Code is a ground for declaring a marriage void from the beginning (a petition for declaration of nullity); it addresses a genuine, grave, and pre-existing incapacity of a spouse to comply with the essential marital obligations, rooted in their psychic makeup and existing at the time of the marriage even if it manifested later. Because such a marriage is void, once declared, the parties are freed to remarry, and the children's status and property relations follow the rules for void marriages (with the important note that children of a marriage void for psychological incapacity are legitimate). The grounds for annulment, by contrast, make a marriage voidable, that is, valid until annulled, and they are a different, enumerated list that existed at the time of the marriage: lack of parental consent for a party aged eighteen to below twenty-one; either party being of unsound mind at the time of marriage; consent obtained by fraud; consent obtained by force, intimidation, or undue influence; either party being physically incapable of consummating the marriage (impotence) and the incapacity being incurable; and either party being afflicted with a serious and incurable sexually transmissible disease. Each annulment ground has its own requisites and prescriptive period, and some may be ratified by free cohabitation after the cause ceases. So the key difference is that psychological incapacity renders a marriage void (declaration of nullity), while the six annulment grounds render a marriage voidable (annulment), with different effects, requisites, and time limits.
Two Different Baskets of Grounds
Psychological incapacity (Art. 36) makes a marriage void from the start (a declaration of nullity). The annulment grounds make a marriage voidable (valid until annulled).
The Annulment (Voidable) Grounds
- Lack of parental consent (party 18 to below 21);
- Unsound mind at the time of marriage;
- Consent obtained by fraud, or by force/intimidation/undue influence;
- Impotence (incurable); and
- A serious, incurable STD.
Why the Difference Matters
A marriage void for psychological incapacity is treated as never valid (children are legitimate). A voidable marriage is valid until annulled, each ground has its own prescriptive period, and some may be ratified by free cohabitation after the cause ceases.
Practical Takeaways
- Art. 36 = a void marriage (nullity); the six grounds = a voidable marriage (annulment);
- The grounds, effects, and time limits differ;
- Some annulment grounds can be ratified; psychological incapacity cannot.
Frequently Asked Questions
Is psychological incapacity a ground for annulment? Strictly, no. Psychological incapacity under Article 36 is a ground for declaration of nullity, because it makes the marriage void from the beginning, not merely voidable as in annulment.
What are the grounds for annulment? Lack of parental consent for a party aged 18 to below 21, unsound mind at the time of marriage, consent obtained by fraud, consent obtained by force, intimidation, or undue influence, incurable impotence, and a serious incurable sexually transmissible disease.
Why does it matter whether a marriage is void or voidable? A void marriage is treated as never having validly existed, while a voidable marriage is valid until annulled. This affects the children's status, the property relations, the prescriptive periods, and whether the marriage can be ratified.
Can annulment grounds be ratified? Some can. For instance, lack of parental consent or fraud may be ratified by free cohabitation after the party attains the required age or after the fraud is discovered. Psychological incapacity, making the marriage void, cannot be ratified.
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.