Exploring Grounds for Annulment in the Philippines

Marriage is a sacred bond, but instances where a union may be severed through the court system. Since the Philippines continues to be one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is essential for those seeking a fresh start.

The Legal Distinction Between Annulment and Nullity
Legal experts often point out the difference between an "annulment" and a "declaration of absolute nullity." Under the Family Code of the Philippines, an annulment refers to a marriage that was valid at the start but has a defect that makes it "voidable." On the other hand, a declaration of nullity is for marriages that were void from the beginning (void ab initio).
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The Legal Grounds for Annulment (Article 45)
There are several legal bases for a petition for annulment, including:

Lack of Parental Consent: When a spouse was between 18 and 21 years old and got married without the consent of their parents or guardians.

Insanity or Unsound Mind: If during the marriage ceremony, one party was of insane, unless they continued to live together after coming to reason.

Fraud: This involves deception regarding essential facts, such as the hiding of a criminal record, pregnancy by another man, or a serious sexually transmissible disease.

Coercion: If the consent to marry was forced or intimidation.

Physical Incapacity: If either party is physically unable of engaging in sexual intercourse and the condition is incurable.

Incurable STDs: If one party had a serious and incurable STD during the wedding.

Psychological Incapacity: The Most Common Ground
Perhaps the most frequently used ground in Philippine courts is Psychological Incapacity under Article 36. While often called an annulment, this is a petition for the declaration of nullity.

This ground involves a condition where a spouse is truly incapable of fulfilling the essential marital obligations. Following the landmark Tan-Andal v. Andal ruling in 2021, the Supreme Court has clarified that this does not necessarily require a medical diagnosis of a personality disorder, but rather proof of a persistent grounds for annulment in the philippines "personality structure" that makes it impossible to sustain a functional marriage.
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The Legal Process and Requirements
Filing for an annulment is a lengthy process that requires the assistance of a competent lawyer.

Expert Assessment: Especially for Article 36 petitions, a testimony from a psychologist is helpful to prove the grounds.

Court Proceedings: The petition must be filed in the Family Court where the petitioner or respondent resides.

Prosecutor's Role: The Office of the Solicitor General will investigate that no secret agreement exists between the spouses.

Final Thoughts
Navigating the grounds for annulment in the Philippines is a significant life decision. Knowing your legal options allows you to make informed choices and pursue the freedom you need. Seeking professional legal advice is the most effective first step toward resolving a broken marriage.