While marriage is often seen as a lifelong commitment, there are instances where a union may be severed 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 legal exit from a troubled marriage.
Annulment vs. Nullity: Knowing the Difference
Before diving into the grounds, it is important to distinguish 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 flaw 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)
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 consent of their parents or guardians.
Mental Incapacity: If during the marriage ceremony, one party was of unsound mind, unless they continued to live together after coming to reason.
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 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
A widely utilized ground for ending a marriage is Psychological Incapacity under Article 36. Technically, this is a petition for the declaration grounds for annulment in the philippines 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 modified 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
Filing for an annulment is 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.
Final Thoughts
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 toward resolving a failed marriage.