ANNULMENT OF

MARRIAGE
Reported by: Joshua Bilog
Juvenile Deliquency
 ANNULMENT
 Is a legal procedure for declaring a marriage null and void.
Unlike divorce, it is retroactive: an annulled marriage is
considered never to have existed.
 In strict legal terminology, annulment refers only to
making a voidable marriage null; if the marriage is void ab
initio, then it is automatically null, although a legal
declaration of nullity is required to establish this.
REASONS FOR ANNULMENT
 A reason for annulment is called a diriment
impediment to marriage. Prohibitory
impediments make entering a marriage
wrong but do not invalidate the marriage, such
as being betrothed to another person at the
time of the wedding; diriment impediments
such as being brother and sister, or being
married to another person at the time of the
wedding, prevent such a marriage from being
contracted at all. Such unions are called
putative marriage.
 DIRIMENT IMPEDIMENTS
The following are diriment impediments:
1. Consanguinity
2. Insanity precluding ability to consent;
3. Not intending, when marrying, to remain faithful to the spouse (simulation of consent);
4. One partner had been deceived by the other in order to obtain consent, and if the partner
had been aware of the truth, would not have consented to marry;
5. Abduction of a person, with the intent to compel them to marry (known as raptus),
constitutes an impediment as long as they remain in the kidnapper’s power;
6. Failure to adhere to the requirements of Canon Law for marriage, such as clandestinely;
7. The couple killed the spouse of one of them in order to be free to marry; and
8. The couple committed adultery, and one of the couple killed the spouse of one of them, in
order to be free to marry.
 SIX (6) GROUNDS OF
ANNULMENT OF MARRIAGE
1. That the party in whose behalf is sought to have 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 each other as husband and wife;
SIX (6) GROUNDS OF
ANNULMENT OF MARRIAGE
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 a serious and appears to be incurable.
(Article 45 Family Code)
WHAT IS THE TEST THAT MUST BE APPLIED IN
ORDER TO DETERMINE WHETHER OR NOT A
PERSON IS PHYSICALLY INCAPABLE OF
CONSUMMATING THE MARRIAGE WITH THE
OTHER PARTY?
 The test is not the capacity to
reproduce, but the capacity to
copulate. Consequently,
physical incapacity as a ground
for annulment of marriage
refers to impotency or the
inability to perform the sexual
act, and not sterility or the
inability to procreate.
REQUISITES IN ORDER THAT PHYSICAL
INCAPACITY WILL SERVE AS A GROUND
FOR ANNULMENT OF MARRIAGE

1. That either party was, at the time of marriage, physically

incapable of consummating the marriage with other;
2. That such incapacity continue;
3. That it appears to be incurable; and
4. At the time of marriage. It was unknown to the other party.

(Article 45 Family Code)

 DOCTRINE OF TRIENNIAL
COHABITATION
 As opposed to the general rule in favor of potency, the so called
doctrine of triennial cohabitation is the doctrine applied in
England and by some U.S. courts which declare the
presumption that the husband is impotent should the wife still
remain a virgin after living together with the husband for three
(3) years. The husband will have to overcome presumption.

(Tompkins vs Tompkins, 92 N.J. eg. Atl 599)

FRAUD AS A GROUND FOR
MARRIAGE ANNULMENT
 The following circumstances shall constitute fraud:
1. Non-disclosure of a previous conviction by final judgement of the other party of a crime
involving moral turpitude;
2. Concealment by the wife of the fact that at the time of 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 marriage; or
4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
existing at the time of marriage.
(Art. 46, FC, Desiderio, 2006)
 No other misrepresentation or deceit to character, health, rank, fortune or chastity shall
constitute such fraud as will give grounds for action for the annulment of marriage.
 HOW WILL THE CONJUGAL DWELLING AND THE LOT
ON WHICH IT IS SITUATED BE ADJUDICATED IN CASE
THE FINAL JUDGEMENT OF ANNULMENT OR
DECLARATION OF NULLITY OF MARRIAGE PROVIDE
FOR THE PARTITION OF THE PROPERTIES OF
SPOUSES?
 In partition of the properties of the spouses, the conjugal dwelling and the lot on which it is
situated shall be:
a. Adjudicated to the spouse with whom the majority of the common children should choose
to remain;
b. Children below 7 years are deemed to have chosen the mother, unless the court decides
otherwise (Art. 102, (6), F.C.); and
c. In case there is no majority for the common children, the court shall decide, taking into
account the best interests of the children (Art. 129, (9), F.C.)