Grounds for Annulment in the Philippines

Legal Grounds for Annulment in the Philippines

The Family Code of the Philippines provides specific legal grounds for annulment. These grounds are circumstances that indicate the marriage was never valid from the beginning or is voidable due to certain factors.

Grounds for Annulment (Voidable Marriages)

The following are grounds to annul a voidable marriage under Article 45 of the Family Code:

1. Lack of Parental Consent

If either party was between 18 and 21 years old and got married without parental consent, the marriage can be annulled. This ground must be filed within 5 years of reaching the age of 21, or within 5 years from the time the spouse's cohabitation ceased if they continued to live together.

2. Insanity

If either party was of unsound mind at the time of marriage, it may be grounds for annulment. The petition must be filed before cohabitation has resumed after the insane spouse came to reason.

3. Fraud

Fraud refers to deception regarding the identity or essential qualities of the other party that directly affect marital consent. Examples include:

• Concealment of a previous marriage
• Concealment of a sexually transmitted disease
• Concealment of a conviction for a crime involving moral turpitude
• Concealment of pregnancy by another man
• False representation of capacity to procreate

This ground must be filed within 5 years after discovering the fraud.

4. Force, Intimidation, or Undue Influence

If consent to marriage was obtained through force, intimidation, or undue influence, the marriage may be annulled. The petition must be filed within 5 years from the time the force, intimidation, or undue influence ceased.

5. Physical Incapacity

If either party was physically incapable of consummating the marriage (impotent) and this incapacity continues and appears to be incurable, it may be grounds for annulment. The petition must be filed within 5 years after the marriage.

6. Sexually Transmissible Disease

If either party was afflicted with a sexually transmissible disease found to be serious and incurable, the healthy spouse may file for annulment. This must be done within 5 years after the marriage.

Grounds for Declaration of Nullity (Void Marriages)

The following are grounds for declaring a marriage void from the beginning under Articles 35-36, 37-38, and 53 of the Family Code:

1. Absence of Formal Requirements

A marriage is void if essential formalities like a valid marriage license (except in exceptional cases) were not followed, or if the solemnizing officer lacked authority.

2. Bigamous or Polygamous Marriages

If either party was previously married and that marriage was not legally dissolved before entering the subsequent marriage, the latter marriage is void.

3. Marriages Between Prohibited Relatives

Marriages between relatives within certain degrees of consanguinity (blood relation) or affinity (relation by marriage) are void.

4. Psychological Incapacity

Under Article 36, a marriage may be declared void if either party was psychologically incapable of complying with essential marital obligations. This is the most commonly used ground and requires meeting specific criteria established in jurisprudence.

Psychological Incapacity as a Ground for Nullity

Psychological incapacity is the most frequently invoked ground for declaring a marriage null and void. The Supreme Court established guidelines for determining psychological incapacity in the landmark case of Republic v. Court of Appeals and Molina (G.R. No. 108763, February 13, 1997):

The "Molina Guidelines"

1. Burden of proof - The burden of proof belongs to the plaintiff/petitioner.
2. Root cause - The root cause of the psychological incapacity must be medically or clinically identified and sufficiently proven.
3. Manifestation time - The incapacity must be shown to have existed at the time of the celebration of the marriage.
4. Gravity - The incapacity must be grave enough to render the person incapable of fulfilling the essential obligations of marriage.
5. Juridical antecedence - The incapacity must be legally existing before the marriage.
6. Incurability - The incapacity must be incurable or, even if it were otherwise, the cure would be beyond what is expected of the spouse to bear.
7. Expert testimony - The evaluation should ideally be supported by evidence from qualified psychiatrists and clinical psychologists.
8. Court scrutiny - The trial courts must carefully review the evidence and ensure cases are not used as a convenient solution to failed marriages.

In 2015, the Supreme Court modified these guidelines in Republic v. Manalo (G.R. No. 221029, April 24, 2018), making the requirements more flexible and recognizing that psychological incapacity can manifest in different ways.

Examples of Psychological Incapacity

Conditions that might constitute psychological incapacity include:

• Narcissistic personality disorder
• Antisocial personality disorder
• Borderline personality disorder
• Severe substance abuse disorders
• Chronic infidelity rooted in psychological conditions
• Pathological lying
• Sexual disorders that prevent normal marital intimacy

Evidence Required for Different Grounds

The type of evidence required varies depending on the ground for annulment or declaration of nullity:

For Psychological Incapacity

• Psychological/psychiatric evaluation reports
• Expert testimony from mental health professionals
• Testimonies from witnesses who can attest to behavior patterns
• Medical records (if applicable)
• Documentary evidence of incidents demonstrating incapacity

For Fraud

• Documentary evidence proving the fraud
• Witness testimonies
• Medical records (in cases involving concealed medical conditions)

For Bigamy

• Marriage certificates proving previous marriage
• Documentation showing the previous marriage was not dissolved

Conclusion

Understanding the grounds for annulment and declaration of nullity in the Philippines is essential for anyone considering this legal remedy. Each ground has specific requirements for evidence and timeframes for filing.

Given the complexity of these cases, especially those involving psychological incapacity, it's crucial to consult with an experienced family lawyer who can evaluate your specific situation and guide you through the legal process.