Valid Marriages But May Be Annulled

Although in the first instance, these marriages seem to be valid, but digging into their intricate details would reveal some flaws that may warrant for annulment.  Yes, there are marriages celebrated in the Philippines that are valid on their face value but may be declared annulled through some legal processes.  These marriages are valid unless declared annulled or better known as VOIDABLE MARRIAGES.

Voidable Marriages are valid unless declared void or annulled by the court.  Thus, if the parties will not petition for their annulment, voidable marriages remain valid.

What are the marriages that may be annulled?

A marriage may be annulled for any of the following causes, existing at the time of marriage:

1.  That the party in whose behalf it is sought to have the marriage annulled was eighteen (18) of age or over but below twenty-one (21), and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

2.  That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

3.  That the consent of either party was obtained by FRAUD, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

4.  That the consent of either party was obtained by FORCE, INTIMIDATION, or UNDUE INFLUENCE, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

5.  That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

6.  That either party was afflicted with sexually-transmitted disease found to be serious and appears to be incurable.

Note:  That the grounds for annulment for voidable marriages must be existing at the time of the marriage.

What are the circumstances that shall constitute FRAUD as one of the grounds for annulment?

1.  Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

2.  Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

3.  Concealment of a sexually transmissible disease, regardless of its nature, existing at the time of the marriage;

4.  Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage;

Who may file?

1.  The contracting party whose parent, or guardian, or person exercising substitute parental authority did not give his or her consent, WITHIN 5 YEARS after attaining the age of twenty-one UNLESS, after attaining the age of twenty-one, such party freely cohabited with the other as husband or wife; or the parent, guardian or person having legal charge of the contracting party, AT ANYTIME before such party has reached the age of twenty-one.

2.  The SANE SPOUSE who had no knowledge of the other's insanity; or by any relative, guardian, or person having legal charge of the INSANE, at any time before the death of either party; or by the INSANE SPOUSE during lucid interval or after regaining sanity, provided that the petitioner, after coming to reason has not freely cohabited with the other as husband or wife.

3.  The injured party whose consent was obtained by FRAUD, WITHIN FIVE YEARS, after the discovery of the fraud, provided that said party, with full knowledge of the facts constituting the fraud, has not freely cohabited with the other as husband or wife.

4. The injured party whose consent was obtained by FORCE, INTIMIDATION, OR UNDUE INFLUENCE, WITHIN FIVE YEARS from the time the force, intimidation or undue influence disappeared or ceased, provided that the force, intimidation, or undue influence having disappeared or ceased, said party has not thereafter freely cohabited with the other as husband or wife.

5.  The injured party where the other spouse is physically incapable of consummating the marriage with the other and such incapacity continues and appears to be incurable, within FIVE YEARS after the celebration of marriage.

6.  The injured party where the other party was afflicted with sexually transmissible disease found to be serious and appears to be incurable, within FIVE YEARS after the celebration of marriage.

Sources:  The Family Court of the Philippines and The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages