Marriage is a sacred bond, but instances where a union may be dissolved through an annulment. Since the Philippines is currently one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is crucial for those seeking a fresh start.
Defining Annulment vs. Declaration of 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 applies to marriages that were never legally valid to start with.
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The Legal Grounds for Annulment (Article 45)
The law provides six specific grounds for voiding a marriage:
Absence of Parental Permission: If either party 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 regaining sanity.
Fraudulent Consent: This involves deception regarding essential facts, such as the concealment of a drug addiction, an undisclosed pregnancy, or an incurable STD.
Coercion: If the agreement to the union was forced or intimidation.
Impotence: If either party is physically unable of consummating the marriage and the condition is incurable.
Incurable STDs: If one party had a serious and permanent STD during the wedding.
Psychological Incapacity: The Most Common Ground
The most popular ground for grounds for annulment in the philippines ending a marriage is Psychological Incapacity under Article 36. Technically, this is a petition for the declaration of nullity.
This ground involves a condition where a spouse is utterly incapable of fulfilling the essential marital obligations. Following the landmark Tan-Andal v. Andal ruling in 2021, the Supreme Court has clarified that this no longer require a clinical diagnosis of a personality disorder, but rather proof of a persistent "personality structure" that prevents a functional marriage.
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How to File for Annulment
Filing for an annulment is a lengthy process that requires the assistance of a skilled lawyer.
Expert Assessment: In many cases, a testimony from a psychologist is used to prove the grounds.
Petition Filing: The case must be filed in the Family Court where the parties resides.
Prosecutor's Role: The Office of the Solicitor General will ensure that no secret agreement exists between the spouses.
Conclusion
Navigating the grounds for annulment in the Philippines is a significant life decision. Knowing your legal options allows you to protect your rights and pursue the freedom you deserve. Consulting with a family law expert is the most effective first step in resolving a broken marriage.