A marriage void ab initio is considered non-existent from the moment of celebration . Under the law, it is as if the union never occurred. Because it is inherently flawed, it can never be ratified by living together .
Grounds Under the Family Code
Underage Marriage : Marriages where either party is below 18, even with parental consent .
Lack of Authority : Marriages performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is psychologically incapacitated to fulfill essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered valid and subsisting until it is canceled by a judge. Unlike null unions, a voidable marriage can be ratified if the injured party cohabits with the other after the ground is discovered .
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Insanity : If either spouse was mentally ill at the void vs voidable marriage philippines celebration.
Deception: Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through threats.
Physical Incapacity : If either party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Not possible | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | Children's Status | Legally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these marriages, you must file a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is essential to manage your case is processed correctly.