In the legal landscape of the Philippines, there are instances where a union may be legally terminated 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 way to nullify their union.
The Legal Distinction Between Annulment and Nullity
Before diving into the grounds, it is important to distinguish 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 defect that makes it "voidable." On the other hand, a declaration of nullity applies to marriages that were never legally valid to start with.
+1
Primary Grounds for Annulment (Article 45)
There are several legal bases for a petition for annulment, including:
Absence of Parental Permission: When a spouse was between 18 and 21 years old and got married without the permission of their parents or guardians.
Insanity or Unsound Mind: If at the time of the wedding, one party was of insane, unless they freely cohabited after coming to reason.
Fraudulent Consent: This involves deception regarding critical matters, such as the concealment of a drug addiction, pregnancy by another man, or an incurable STD.
Coercion: If the consent to marry was forced or intimidation.
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. 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 grounds for annulment in the philippines 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.
+1
How to File for Annulment
The legal journey for an annulment is often a complex process that demands 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 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.