A Comprehensive Guide to Grounds for Annulment in the Philippines

Marriage is a sacred bond, but instances where a union may be severed through the court system. Since the Philippines is currently one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is crucial for those seeking a fresh start.

Annulment vs. Nullity: Knowing the Difference
To understand the process, one must first differentiate between an "annulment" and a "declaration of absolute nullity." According to Philippine law, 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 void from the beginning (void ab initio).
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The Legal Grounds for Annulment (Article 45)
The law provides six specific grounds for voiding a marriage:

Absence of Parental Permission: If either party 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 regaining sanity.

Fraud: This involves deception regarding essential facts, such as the hiding of a criminal record, an undisclosed pregnancy, 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 incapable of engaging in sexual intercourse and the condition is incurable.

Serious Sexually Transmissible grounds for annulment in the philippines Disease: If a spouse had a serious and incurable STD during the wedding.

The Role of Psychological Incapacity (Article 36)
The most popular 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 utterly incapable of fulfilling the essential marital obligations. Recent jurisprudence, the Supreme Court has clarified that this does not necessarily 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 rigorous process that demands the assistance of a competent lawyer.

Psychological Evaluation: In many cases, a testimony from a psychologist is helpful to prove the incapacity.

Petition Filing: The petition must be filed in the Regional Trial Court where the parties resides.

Government Involvement: The public prosecutor will ensure that no collusion exists between the spouses.

Conclusion
Navigating the grounds for annulment in the Philippines is a significant life decision. By understanding Article 45 and Article 36, allows you to make informed choices and pursue the freedom you deserve. Seeking professional legal advice is the most effective first step in resolving a failed marriage.