Understanding Grounds for Annulment in the Philippines

In the legal landscape of the Philippines, there are instances where a union may be dissolved 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.

The Legal Distinction Between Annulment and 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 initially legal 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 grounds for annulment in the philippines involves deception regarding critical matters, such as the hiding of a criminal record, pregnancy by another man, or a serious sexually transmissible disease.

Coercion: 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.

Serious Sexually Transmissible Disease: If a spouse had a serious and incurable STD during the wedding.

Understanding Article 36: Psychological Incapacity
Perhaps the most frequently used ground for ending a marriage is Psychological Incapacity under Article 36. While often called an annulment, 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: 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.