A marriage void ab initio is treated as non-existent from the moment of celebration . Under the law, it is as if the union never happened . Because it is fundamentally flawed, it can not be fixed by time.
Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal authority to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and subsisting until it is annulled by a judge. Unlike null unions, a voidable marriage may be ratified if the offended party cohabits with the other after the ground is discovered .
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was forced through threats.
Impotence: If one party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Healing | Cannot be cured | Can be validated | | Time Limit | Never expires | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due void vs voidable marriage philippines to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these unions , 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 .
Speaking with a experienced attorney in the Philippines is highly recommended to guarantee your petition is processed correctly.