Declaration of Absolute Nullity of Marriage (Article 36)

The judicial roadmap for voiding a marriage on the ground of psychological incapacity under the Family Code after Tan-Andal v. Andal.

Family Code (EO 209), Art. 36; A.M. No. 02-11-10-SC; Tan-Andal v. Andal (G.R. No. 196359, May 11, 2021)1deadline to watch

Who this is for: Spouses seeking declaration of nullity of marriage under Article 36 and legal practitioners navigating post-Tan-Andal requirements.

Step by step

1Evidence Gathering & Collateral HistoryFollowing Tan-Andal v. Andal (2021), psychological incapacity is a legal concept, not a clinical mental illness. The petitioner gathers comprehensive factual narratives from relatives, childhood friends, and colleagues tracing the respondent's personality structure to roots antedating the marriage (juridical antecedence).
2Filing the Verified Petition in Family CourtThe petition is filed before the Regional Trial Court designated as a Family Court of the province or city where either the petitioner or respondent has resided for at least 6 months prior to filing.
3Mandatory Non-Collusion InvestigationUnder Article 48 of the Family Code and A.M. No. 02-11-10-SC, the public prosecutor conducts an independent investigation within 20 days to ensure the spouses have not colluded or fabricated evidence.Report submitted within 1 month from assignment.
4Pre-Trial Conference & TrialThe parties mark exhibits and identify witnesses. During trial, lay witnesses and expert evaluators testify under the totality of evidence standard. Clear and convincing evidence is required.
5Liquidation, Partition, and PSA RegistrationUpon finality, the conjugal or absolute community property is liquidated, delivery of children's presumptive legitimes is recorded, and the decree is registered with the Local Civil Registry and the PSA to update the marital record.

Not legal advice

Pangkalahatang impormasyon lamang ito para sa edukasyon — hindi ito legal advice, at hindi ito sinuri ng abogado. Sinikap naming tama ito ayon sa batas na binanggit, pero para sa sarili mong kaso, kumonsulta sa abogado o sa Public Attorney's Office (PAO).

The whole process

Drawing diagram…

Watch out for

There is no automatic annulment based on passage of time (e.g. 5 or 10 years of physical separation); remarrying without a court decree constitutes the crime of bigamy under RPC Art. 349.
Children conceived or born prior to the decree of nullity under Article 36 are legitimate by express mandate of Article 54 of the Family Code.
Agreements by spouses to "admit" psychological incapacity in order to speed up court proceedings are void as illegal collusion and will cause immediate dismissal.