A Comprehensive Guide to Grounds for Annulment in the Philippines

Marriage is a sacred bond, but instances where a union may be severed through specific legal processes. Since the Philippines remains one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is crucial for those seeking a way to nullify their union.

The Legal Distinction Between Annulment and Nullity
Legal experts often point out the difference between an "annulment" and a "declaration of absolute nullity." Legally speaking, 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 is for marriages that were void from the beginning (void ab initio).
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Common Grounds for Annulment (Article 45)
Under Article 45 of the Family Code, a marriage may be annulled for the following reasons:

Absence of Parental Permission: When a spouse was between 18 and 21 years old and got married without the consent of their parents or guardians.

Mental Incapacity: If during the marriage ceremony, one party was of insane, unless they continued to live together after regaining sanity.

Fraud: This involves misrepresentation regarding essential facts, such as the concealment of a drug addiction, an undisclosed pregnancy, or an incurable STD.

Force, Intimidation, or Undue Influence: If the consent to marry was obtained through threats or intimidation.

Impotence: If either party is physically unable of consummating the marriage and the condition is incurable.

Incurable STDs: If one party had a serious and permanent STD at the time of the marriage.

Psychological Incapacity: The Most Common Ground
A widely utilized ground in Philippine courts 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 truly incapable of complying with the essential marital obligations. Recent jurisprudence, the Supreme Court has modified that this no longer require a medical diagnosis of a personality disorder, but rather proof of a persistent "personality structure" that makes it impossible to sustain a functional marriage.
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What to Expect During the Process
Filing for an annulment is a lengthy process that requires the assistance of a skilled lawyer.

Psychological Evaluation: In many cases, a psychological report is used to prove the incapacity.

Petition Filing: The case must be filed in the Family Court where the petitioner or respondent resides.

Prosecutor's Role: The Office of the Solicitor General will investigate 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 seek the legal relief you need. Seeking professional legal grounds for annulment in the philippines advice is the most effective first step in resolving a broken marriage.