Is there a difference between annulment and declaration of nullity of marriage?

Since divorce is still not allowed in the Philippines, some Filipinos have been asking about the difference between annulment and declaration of nullity of marriage.

In an episode of “Sumbungan ng Bayan,” Attorney Rowena Daroy Morales shared that the two were different concepts.

She said nullity of marriage meant it was void in the first place.

“Walang kasal. Sabi ng korte, hindi kayo kasal. Considered void. Walang validity eh di hindi kayo kasal,” Morales said.

[No marriage took place. The court says you are not married. Considered void. There is no validity so you are not married.]

She added that psychological incapacity could be one of the grounds for nullity.

Annulment, however, considers the marriage valid. Psychological incapacity, therefore, cannot be used as grounds for annulment.

“May kasal kaya lang may balakid para matuloy ang kasalan,” Morales said.

[There is a marriage but there is a barrier that stops you from continuing it.]

According to the lawyer, there is a difference between not fulfilling duties and not being able to.

“Kung hindi niya kaya, declaration (if they can’t fulfill their duties, it’s a declaration),” she said. – Kaela Malig/RC, GMA News