While marriage is often seen as a lifelong commitment, there are 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.
Defining Annulment vs. Declaration of Nullity
To understand the process, one must first differentiate between an "annulment" and a "declaration of absolute nullity." According to Philippine law, an annulment refers to a marriage that was valid at the start but has a flaw that makes it "voidable." On the other hand, a declaration of nullity applies to marriages that were void from the beginning (void ab initio).
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Primary Grounds for Annulment (Article 45)
Under Article 45 of the Family Code, a marriage may be annulled for the following reasons:
Absence of Parental Permission: If either party was between 18 and 21 years old and got married without the permission of their parents or guardians.
Insanity or Unsound Mind: If during the marriage ceremony, one party was of unsound mind, unless they freely cohabited after regaining sanity.
Fraud: This involves misrepresentation regarding critical matters, such as the hiding of a criminal record, pregnancy by another man, or a serious sexually transmissible disease.
Force, Intimidation, or Undue Influence: If the agreement to the union was forced or violence.
Physical Incapacity: If either party is physically unable of engaging in sexual intercourse and the condition appears permanent.
Incurable STDs: If a spouse had a serious and incurable STD at the time of the marriage.
The Role of Psychological Incapacity (Article 36)
A widely utilized ground for ending a marriage is Psychological Incapacity under Article 36. Technically, this is a petition for the declaration of nullity.
It refers to a condition where a spouse is utterly incapable of fulfilling the duties of marriage. Following the landmark Tan-Andal v. Andal ruling in 2021, the Supreme Court has clarified that this does not necessarily require a clinical diagnosis of a personality disorder, but rather proof of a durable "personality structure" that prevents a functional marriage.
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How to File for Annulment
The legal journey for an annulment is often a complex process that demands the assistance of a qualified lawyer.
Expert Assessment: grounds for annulment in the philippines 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 Regional Trial Court where the parties resides.
Government Involvement: The public prosecutor will ensure that no secret agreement exists between the spouses.
Summary
Choosing to pursue an annulment is a major life decision. Knowing your legal options allows you to protect your rights and pursue the freedom you need. Seeking professional legal advice is the most effective first step in resolving a broken marriage.