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ANNULMENT 101:
Philippine Annulment Law Made Easy
LESSON I:
ANNULMENT OF MARRIAGE
Annulment
is the term given by non-lawyers to all cases of annulment proceedings.
But legally speaking, annulment cases are only those petitions with
grounds falling under Article 45 of the Family Code. The other process
is a Petition to declare absolute nullity of marriage or simply a
petition for nullity of marriage which can be found under Article 35
(Absence of Formal and Essential Requisites of Marriage), Article 36
(Psychological Incapacity) Article 37 (Incestuous Marriages) and Article
38 (Void by reason of Public Policy) of the Family Code.
Q. What is Annulment of Marriage?
GTALAW: Annulment of Marriage is a Court process in order to
annul the marital union between a husband and wife. Annulment of
marriage presupposes that the marriage was valid from the beginning and
remains valid until annulled by the Court.
Q. What are the grounds for annulment? Is there a time limit for
this?
GTALAW: Marriages can be annulled by the court on the following
grounds:
1. Either party was eighteen (18) years of age but below twenty-one
(21), and the marriage was solemnized without the consent of the
parents, guardian or person having substitute parental authority over
the party. You can only file the Petition within five (5) years after
reaching the age of twenty-one. But you cannot anymore file the Petition
if you have freely cohabited with each other as husband and wife after
you reach the age of twenty-one. Your parent/s or guardian can also file
the Petition anytime before you reach the age of twenty-one.
2. Either party was of unsound mind at the time of marriage. You
may file the Petition anytime before the death of your husband or wife.
But for instance, you freely cohabited with each after he/she came to
reason, under this circumstance, you are already precluded by law from
filing the Petition.
3. The consent of either party was obtained by fraud. You can file the
Petition within five years after the discovery of the fraud, provided
that
you did not freely cohabit with your husband or wife after your
full
knowledge of the facts constituting the fraud. Sounds tricky?
4. The consent of either party was obtained by force, intimidation or
undue influence or otherwise known as “shotgun marriage”. You can file
the Petition within five years from the time the force, intimidation, or
undue influence disappeared or ceased. However, you are already barred
from filing the Petition if you have freely cohabited with your husband
or wife knowing that the force or intimidation had already ceased.
5. Either party was a sexual impotent or physically incapable of
engaging in sexual intercourse and such incapacity continues and appears
to be incurable. You can file the Petition within five (5) years after
marriage.
6. Either party was afflicted with a sexually-transmissible disease
found to be serious and appears to be incurable. You can also file the
Petition within five (5) years after marriage.
Q. What are the kinds of fraud which constitute the ground
for annulment?
GTALAW: The kinds of fraud that will give ground for annulment
are as follows:
1. Non-disclosure of a previous conviction by final judgment of the
other party of a crime involving moral turpitude;
2. Concealment by the wife of the fact that at the time of the marriage,
she was pregnant by a man other than her husband;
3. Concealment of sexually transmissible disease, regardless of its
nature, existing at the time of the marriage; or
4. Concealment of drug addiction, habitual alcoholism or homosexuality
or lesbianism existing at the time of the marriage.
Q. My wife fooled me into marrying her. Prior to our
marriage, she told me that she is a doctor and no sexual experience
After our marriage, I found out the truth that she is not what she
claims to be. Can I file a Petition for annulment on the ground of fraud?
GTALAW: We truly understand your feelings but misrepresentation
or deceit as to character, health, rank, fortune or chastity do not
constitute fraud as ground for annulment. Perhaps, you can explore the
possibility to declare your marriage void on other grounds such as the
psychological incapacity under Article 36 of the Family Code.
Q. Where can I file the Petition for Annulment?
GTALAW: You can only file the Petition for Annulment in the place
of your residence or the place of residence of your husband or wife.
Q. I would like to file the Petition in Cebu but I do not
have residence there yet. My husband is not also living there. But I
will be accepting
a job as call center manager in Cebu a month from now.
Can I file the Petition in Cebu?
GTALAW: Yes, you can file the Petition in Cebu but you have to
establish residence in Cebu for a period of at least six (6) months
prior to the filing of the Petition. This can be arranged because
you
will be relocating there for your new job assignment.
:: Related Topics
Lesson I: Annulment
of Marriage
Lesson II: Declaration
of Nullity of Marriage
Lesson III: Issues About Marriage License
Lesson IV: Issues About Psychological Incapacity
Lesson V: Court procedure and evidence to
prove psychological Incapacity
Lesson VI: Solutions for Petitioners Working Overseas
Lesson VII: Issues after the issuance of
Annulment Decision
Lesson VIII: Divorce obtained by former
Filipino citizens
Lesson IX: Our Fee Structure
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