Exploring Grounds for Annulment in the Philippines

In the legal landscape of the Philippines, there are instances where a union may be legally terminated 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 vital for those seeking a legal exit from a troubled marriage.

Defining Annulment vs. Declaration of Nullity
Before diving into the grounds, it is important to distinguish between an "annulment" and a "declaration of absolute nullity." According to Philippine law, an annulment refers to a marriage that was initially legal 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.
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Primary 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 permission of their parents or guardians.

Mental Incapacity: If during the marriage ceremony, one party was of unsound mind, unless they freely cohabited after coming to reason.

Fraud: This involves misrepresentation regarding critical matters, such as the hiding of a criminal record, an undisclosed pregnancy, or an incurable STD.

Force, Intimidation, or Undue Influence: If the agreement to the union was obtained through threats or violence.

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

Serious Sexually Transmissible Disease: If a spouse had a serious and permanent STD during the wedding.

Psychological Incapacity: The Most Common Ground
The most popular ground in Philippine courts 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 truly incapable of complying with the essential marital obligations. Following the landmark Tan-Andal v. Andal ruling in 2021, the Supreme Court has modified that this does not necessarily require a medical diagnosis of a personality disorder, but rather proof of a durable "personality structure" that makes it impossible to sustain a functional marriage.
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The Legal Process and Requirements
The legal journey for an annulment is often a rigorous process that requires the assistance of a qualified lawyer.

Psychological Evaluation: Especially for Article 36 petitions, a psychological report is used to prove the grounds.

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

Government Involvement: The Office of the Solicitor General will ensure that no collusion exists between the spouses.

Conclusion
Choosing to pursue an annulment is a significant life grounds for annulment in the philippines decision. Knowing your legal options allows you to make informed choices and pursue the freedom you deserve. Consulting with a family law expert is the most effective first step in resolving a failed marriage.