What is annulment of marriage?

Annulment of marriage in the Philippines, strictly speaking is the declaration of a

marriage null and void. It is retroactive in character; meaning, the effects go back to the
first day you were married. It is also important to bear in mind that annulment of
marriage must be based on specific grounds. Without the grounds for annulment being
present and existing before the celebration of the marriage, annulment cannot prosper.

What are the grounds for annulment of marriage? (ARTICLE 45)

Annulment of a marriage should be rooted on the specific grounds enunciated in law
and jurisprudence. The grounds are:

Art. 45. A marriage may be annulled for any of the following causes, existing at the time
of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was
eighteen years of age or over but below twenty one, 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, 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.
1. Absence of Parental Consent

The lack of parental consent is a ground to annul a marriage, stated in sub-paragraph (1)
of Article 45 of the Family Code. This ground is applicable only when either party is
between the age of 18 and 21 at the time of marriage. While the lack of parental consent
is a ground for annulment, the absence of parental advice is not.

Only the following could seek the annulment of marriage based on this ground: (1) The
spouse whose parent or guardian did not give his or her consent, within five years after
attaining the age of twenty one; OR (2) The parent or guardian or person having legal
charge of the minor, at any time before his/her child reaches the age of twenty one.

2. Insanity

Article 45(2) of the Family Code provides that a marriage may be annulled if either party
was of unsound mind. This ground may not be invoked, however, if the party of unsound
mind, after coming to reason, freely cohabited with the other as husband and wife.

Only the following may file the petition: (1) The sane spouse who had no knowledge of
the other spouse’s insanity; by any relative, guardian or person having legal charge of the
insane, in both cases at any time before the death of either party; OR (2) The insane
spouse, during a lucid interval or after regaining sanity.

3. Fraud

Under Article 45(3) of the Family Code, a marriage may be annulled if 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.

Only the injured party can file a petition, which must be within five (5 )years after the
discovery of the fraud.

4. Force, Intimidation, Undue Influence

Article 45(4) of the Family Code provides that a marriage may be annulled if 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.

Only the injured party can file the petition, which must be filed within five (5) years from
the disappearance or cessation of the force, intimidation or undue influence.
5. Impotence

Article 45(5) of the Family Code provides that a marriage may be annulled if either party
was physically incapable of consummating the marriage with the other, and such
incapacity continues and appears to be incurable.

Only the injured party (the one who is not impotent) can file the petition, which must be
done within five (5) years after the marriage. [See also How to Prove Impotence]

6. Sexually Transmitted Disease (STD)

Article 45(6) of the Family Code provides for annulment when either party was afflicted
with a sexually transmissible disease found to be serious and appears to be incurable.

Only the injured party may file the petition, which must be done within five (5) years
after the marriage.

What are the grounds for declaration of nullity of marriage? (Art 35)

1. Minority (those contracted by any party below 18 years of age even with the consent of
parents or guardians). The reason behind this is because minors are incapable of giving
consent in entering into the contract of marriage.

2. Lack of authority of solemnizing officer. Marriages solemnized by any person not

legally authorized to perform marriages are void. Unless, such marriages were contracted
with either or both parties believing in good faith that the solemnizing officer had the
legal authority to do so.
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3. Absence of marriage license. Lack of marriage license may void a marriage unless it is
one of the marriages where a license is not required by law.

4. Bigamous or polygamous marriages.

5. Mistake in identity. The mistake in identity should be a belief on one party that the
person he or she is marrying is totally a different person from what he believed he or she
is.
6. After securing a judgement of annulment or of asolute nullity of mariage, the parties,
before entering into the subsequent marriage, failed to record with the appropriate
registry the: (i) partition and distribute the properties of the first marriage; and (ii)
delivery of the children’s presumptive legitime.

7. Incestous marriages between ascendants and descendants of any degree, between

brothers and sisters, whether of the full or half blood. (Art 37)

8. Void by reason of public policy. Marriages between (i) collateral blood relatives
whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-
children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted
child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving
spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child
of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one,
with the intention to marry the other, killed that other person’s spouse, or his or her own
spouse. (Article 38)

9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of

marriage, contemplates downright incapacity or inability to take cognizance of and to
assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less,
ill will, on the part of the errant spouse. The psychological incapacity must be existing
before the celebration of the marriage even if it only manifested after they were married.
(Article 36)

What are the grounds for legal separation? (Article 55)

[1] Repeated physical violence or grossly abusive conduct directed against the petitioner,
a common child, or a child of the petitioner;

[2] Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation;

[3] Attempt of respondent to corrupt or induce the petitioner, a common child, or a child
of the petitioner, to engage in prostitution, or connivance in such corruption or
inducement;
[4] Final judgment sentencing the respondent to imprisonment of more than six years,
even if pardoned;

[5] Drug addiction or habitual alcoholism of the respondent;

[6] Lesbianism or homosexuality of the respondent;

[7] Contracting by the respondent of a subsequent bigamous marriage, whether in the

Philippines or abroad;

[8] Sexual infidelity or perversion;

[9] Attempt by the respondent against the life of the petitioner; or

[10] Abandonment of petitioner by respondent without justifiable cause for more than
one year.

The term "child" shall include a child by nature or by adoption.