1. What are the grounds for the annulment of a marriage?
The following are the grounds for annulment of marriage, which must exist at the time the marriage was celebrated:
(1) That the party in whose behalf it is sought to have the marriage annulled was between eighteen (18) to twenty-one (21) years of age, and the marriage was solemnized without the consent of the parents, guardian, or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one (21), such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind unless, such party, after coming to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually transmissible disease found to be serious and appears to be incurable (Article 45, Family Code).
2. I discovered after the marriage that my spouse's character is vastly different from when we were dating. Can I file for annulment?
Misrepresentation or deceit as to character, health, rank, fortune or chastity is not considered as fraud and it cannot be used as a ground for an action for the annulment of marriage (Article 46, Family Code).
3. If under the law, I am already considered an adult at 18 years of age, why do I still need to get my parents’ permission to get married?
Under Philippine law, a person who is already eighteen years old is generally considered to be an adult who is capacitated to act with legal effect. However, when pertaining to concerns regarding marital relations and conjugal responsibilities, the Family Code of the Philippines considers that a person of at least 18 years and below 21 years lacks the degree of maturity required to fully grasp and comprehend the reality and gravity of the responsibilities and consequences that a marital relationship would entail.
4. My spouse and I mutually agree to have an annulment. Would that have any effect on the case that I intend to file?
A prosecuting attorney or fiscal must first rule out collusion as a condition sine qua non for further proceedings. As stated in Article 48 of the Family Code, in all cases of annulment, the Court shall order a prosecuting attorney or fiscal assigned to appear on behalf of the State to take steps to prevent collusion between parties to a marriage and to take care that evidence is not fabricated or suppressed. Our family law is based on the policy that marriage is not a mere contract, but a social institution in which the state is vitally interested. Hence, the preservation of families is not the concern alone of family members (Tuason v. Tuason, G.R. No. 116607, 10 April 1996).
5. Can I file for annulment by reason of my wife’s concealment of her pregnancy by another man?
Yes, concealment by the wife of the fact that, at the time of the marriage, she was pregnant by a man other than her husband constitutes fraud (Article 46[2], Family Code). Under Article 45 of the Family Code, a marriage may be annulled if the consent of either party was obtained by fraud, existing at the time of the marriage. The action for annulment of a marriage may be filed within five (5) years after the discovery of the fraud (Article 47[3], Family Code). However, if you knew of the pregnancy and, thereafter, freely cohabit with your wife, then you may not annul your marriage. What the law punishes here, is the attempt of the wife to conceal a child not belonging to her husband, and passing it off as his.
6. Can I file for annulment by reason of my spouse’s confinement to a mental hospital?
It depends on when you learned your spouse to be insane. If you did not know that your spouse was suffering from an unsound mind at the time of the celebration of your marriage, which renders him incapable to comprehend what he is entering into and giving consent, this may be a ground for annulment of marriage (Article 45[2], Family Code). The law says that the sane spouse must have no knowledge of the other’s insanity (Article 47[2], Family Code). However, if you knew of your spouse's insanity at the time of the marriage ceremony, you may not ask for the annulment of your marriage. Nevertheless, the relatives, acting as the guardian of your insane spouse, may do so, for and on his behalf. (Article 47[2], Family Code).
7. Can I file for annulment after discovering that my husband was previously charged for murder?
No, you cannot file for annulment on the ground of fraud. To constitute fraud as a ground for annulment, there must be a non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude (Article 46[1], Family Code). Since your husband was merely charged and not convicted for the crime of murder, such non-disclosure does not constitute fraud sufficient to be a ground for annulment.
8. I was forced to marry my spouse. What does that make of our marriage?
Your marriage is valid until annulled. In Wiegel vs. Sempio-Diy (G.R. No. L-53703, 19 August 1986), the Court held that a marriage vitiated by force is voidable, or valid until annulled. The force must be of the nature that it would prevent you from exercising your free will. Article 45 of the Family Code enumerates the grounds for annulment of a marriage, among them is when the consent of either party was obtained by force, existing at the time of the marriage. Your marriage will continue to be valid if both of you freely cohabit as husband and wife after such force has disappeared or ceased. You, as the injured party, however, can file an action for annulment of your marriage within five (5) years from the time the force disappears or ceases (Article 47[4], Family Code).
9. We have been married for four years now and we still do not have a child. Can I file for annulment of our marriage on the ground of impotency?
Under Article 45, par. 5, of the Family Code, marriage can be annulled if, at the time of the marriage, either party is physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. An action for annulment of marriage based on this ground must be filed within five (5) years from the celebration of marriage. Accordingly, you must prove that your spouse's condition renders him/her completely incapable of consummating the marital union. Since impotency is an abnormal condition, it should not be presumed. The presumption is always in favor of potency; hence, as a ground for annulment, the party alleging impotency has the burden of proving the same (Jimenez vs. Canizares, G.R. No. L-12790, 31 August 1960).
10. I discovered during our marriage that my wife used to be a prostitute. Can I file for annulment on the ground of fraud?
No, the non-disclosure of your wife’s past as a prostitute does not constitute fraud sufficient to constitute a ground for annulment. The circumstances considered as fraudulent under Article 46 of the Family Code are exclusive. No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will be considered as grounds for an action for the annulment of the marriage.
11. I found out that my husband has a sexually transmissible disease and has passed it on to me, and that he had it even during our wedding day. Is there a requirement that the sexually-transmissible disease be incurable to be able to successfully pursue a petition for annulment?
You may file a petition for annulment on the ground that your consent to the marriage was obtained by fraud. Concealment of a sexually-transmissible disease, regardless of its nature, existing at the time of the marriage constitutes fraud (Article 46[c], Family Code). Since fraud alone is a ground for annulment of a marriage, the sexually-transmissible disease does not necessarily have to be incurable. However, the action to have the marriage annulled must be filed within five (5) years after the discovery of the fraud (Article 47[3], Family Code).
12. After our annulment was granted, can I compel my wife to stop using my (husband’s) surname?
It depends. In case of annulment of marriage, if the wife is the guilty party, she shall resume using her maiden name and surname. However, if the wife is the innocent spouse, she may choose to continue employing her former husband’s surname, unless:
(1) The court decrees otherwise; or
(2) She or the former husband are married again to another person (Article 371 of the New Civil Code of the Philippines).
