Annulment in the Philippines

Annulment is the process by which the spouses seek the aid of the court to judicially end the marriage. And since divorce is not allowed in the Philippines, in some ways, annulment is the counterpart of divorce in the country.

Annulment is the process to dissolve marriages which are valid from the beginning but there exist a ground to nullify it or to terminate it.

Grounds for Annulment:

That the marriage was solemnized without parental consent:

Marriage between parties who were eighteen (18) years of age or over but below 21, solemnized without the consent of the parents, guardian or person having substitute parental authority may be annulled by the party whose parent or guardian did not give his or her consent or by the parent or guardian or person having legal charge of the minor. The party who seeks to annul the marriage must bring the petition for annulment of marriage in court within five years after attaining his or her age of twenty one (21). The parent or guardian however is given the right to file a petition for annulment of the marriage on this ground at any time before the party reaches the age of 21.
Nevertheless, no action for the annulment of the marriage may be brought if the party after attaining the age of 21, freely cohabited with the other and both spouses lived together as husband and wife.

That either party was of unsound mind:

Under the Family Code of the Philippines, a marriage in the Philippines may be annulled if either of the party to the marriage is of unsound mind unless such party, after coming to reason, freely cohabited with the other as husband and wife. The action for annulment of marriage may be filed by the sane spouse who had no knowledge of the other’s insanity. It may also be brought by any relative guardian or person having legal charge of the insane. The action must be brought at any time before the death of either party to the marriage. Annulment based on this ground may also be filed by the insane spouse during his or her lucid interval or after he or she regained his or her sanity.

The consent of either party was obtained by fraud:

Unless the other party not party to the fraud afterwards with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife, the marriage may be annulled under this ground. Under the Family Code, the following circumstances constitute fraud:

Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
Concealment by the wife of the fact that at the time of marriage, she was pregnant by a man other than her husband;
Concealment of a sexually transmissible disease regardless of its nature, existing at the time of the marriage;
Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism, existing at the time of the marriage.

The injured party under these circumstances is given five years from the date of discovery of the fraud to institute the action for the annulment of the marriage. Nevertheless, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute fraud that will warrant the annulment of the marriage.

That the consent of either party was obtained by force, intimidation or undue influence:

The Family Code authorizes the injured party to bring an action for annulment in court on the ground that his or her consent was obtained through force, intimidation or undue influence unless the same having disappeared or ceased such party thereafter freely cohabited with the other as husband and wife. The injured party is given five years from the time the force, intimidation or undue influence ceases to initiate the annulment. Otherwise, he can no longer institute the same.

That either party was physically incapable of consummating the marriage with the other

The only requirement for this to be a ground for annulment of marriage in the Philippines is that, the physical incapacity appears to be incurable. It must be brought before the court within five years after the marriage.

That either party was afflicted with sexually transmissible disease found to be serious and appears to be incurable.

The action for annulment based on this ground shall be brought by the injured party within five years after the marriage.