While marriage is often seen as a lifelong commitment, there are instances where a union may be severed 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 vital for those seeking a legal exit from a troubled marriage.
Annulment vs. Nullity: Knowing the Difference
To understand the process, one must first differentiate 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 flaw 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)
There are several legal bases for a petition for annulment, including:
Lack of Parental Consent: If either party was between 18 and 21 years old and got married without the permission of their parents or guardians.
Mental Incapacity: If at the time of the wedding, one party was of unsound mind, unless they freely cohabited after coming to reason.
Fraudulent Consent: This involves deception 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.
Understanding Article 36: Psychological Incapacity
Perhaps the most frequently used 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 truly incapable of fulfilling the duties of marriage. Following the landmark Tan-Andal v. Andal ruling in 2021, the Supreme Court has modified that this no longer require a medical diagnosis of a personality disorder, but rather proof of a durable "personality structure" that prevents a functional marriage.
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The Legal Process and Requirements
Filing for an annulment is a complex process that requires the assistance of a competent lawyer.
Expert Assessment: 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 investigate that no collusion exists between the spouses.
Final Thoughts
Navigating the grounds grounds for annulment in the philippines for annulment in the Philippines is a significant life decision. By understanding Article 45 and Article 36, allows you to make informed choices and seek the legal relief you deserve. Consulting with a family law expert is the best first step toward resolving a failed marriage.