THE FIRM ATTORNEY PROFILES PRACTICE AREAS CLIENT EXTRANET LOGIN
l l l
l

 

 

 

 

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

 

 

 

 

 

 

Primary Contact

316 Mile Long Building

Amorsolo Street

Legaspi Village

Makati City

1200 Philippines

Telephone: (632) 8941441

TeleFax: (632) 8124296

e-mail: gtalaw@gtalawphil.com

 

Office Hours

9:30AM to 5:30PM PH Time

Monday - Friday

 

www.gtalawphil.com

             
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

ANNULMENT 101:  Philippine Annulment Law Made Easy

 

LESSON I: ANNULMENT OF MARRIAGE

 

Annulment is the term given by non-lawyers to all cases of annulment proceedings. But legally speaking, annulment cases are only those petitions with grounds falling under Article 45 of the Family Code. The other process is a Petition to declare absolute nullity of marriage or simply a petition for nullity of marriage which can be found under Article 35 (Absence of Formal and Essential Requisites of Marriage), Article 36 (Psychological Incapacity) Article 37 (Incestuous Marriages) and Article 38 (Void by reason of Public Policy) of the Family Code.

 

Q. What is Annulment of Marriage?

GTALAW: Annulment of Marriage is a Court process in order to annul the marital union between a husband and wife. Annulment of marriage presupposes that the marriage was valid from the beginning and remains valid until annulled by the Court.

Q. What are the grounds for annulment? Is there a time limit for this?

GTALAW: Marriages can be annulled by the court on the following grounds:

1. Either party was eighteen (18) years of age 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. You can only file the Petition within five (5) years after reaching the age of twenty-one. But you cannot anymore file the Petition if you have freely cohabited with each other as husband and wife after you reach the age of twenty-one. Your parent/s or guardian can also file the Petition anytime before you reach the age of twenty-one.

2. Either party was of unsound mind at the time of marriage. You may file the Petition anytime before the death of your husband or wife. But for instance, you freely cohabited with each after he/she came to reason, under this circumstance, you are already precluded by law from filing the Petition.

 

3. The consent of either party was obtained by fraud. You can file the Petition within five years after the discovery of the fraud, provided that

you did not freely cohabit with your husband or wife after your full knowledge of the facts constituting the fraud. Sounds tricky?

4. The consent of either party was obtained by force, intimidation or undue influence or otherwise known as “shotgun marriage”. You can file the Petition within five years from the time the force, intimidation, or undue influence disappeared or ceased. However, you are already barred from filing the Petition if you have freely cohabited with your husband or wife knowing that the force or intimidation had already ceased.

5. Either party was a sexual impotent or physically incapable of engaging in sexual intercourse and such incapacity continues and appears to be incurable. You can file the Petition within five (5) years after marriage.

6. Either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. You can also file the Petition within five (5) years after marriage.

 

Q. What are the kinds of fraud which constitute the ground for annulment?

GTALAW: The kinds of fraud that will give ground for annulment are as follows:

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 sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

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

Q. My wife fooled me into marrying her. Prior to our marriage, she told me that she is a doctor and no sexual experience After our marriage, I found out the truth that she is not what she claims to be. Can I file a Petition for annulment on the ground of fraud?

GTALAW: We truly understand your feelings but misrepresentation or deceit as to character, health, rank, fortune or chastity do not constitute fraud as ground for annulment. Perhaps, you can explore the possibility to declare your marriage void on other grounds such as the psychological incapacity under Article 36 of the Family Code.

Q. Where can I file the Petition for Annulment?

GTALAW: You can only file the Petition for Annulment in the place of your residence or the place of residence of your husband or wife.

Q. I would like to file the Petition in Cebu but I do not have residence there yet. My husband is not also living there. But I will be accepting

a job as call center manager in Cebu a month from now. Can I file the Petition in Cebu?

GTALAW: Yes, you can file the Petition in Cebu but you have to establish residence in Cebu for a period of at least six (6) months prior to the filing of the Petition. This can be arranged because you will be relocating there for your new job assignment.

 

:: Related Topics

 

Lesson I: Annulment of Marriage

 

Lesson II: Declaration of Nullity of Marriage

 

Lesson III: Issues About Marriage License

 

Lesson IV: Issues About Psychological Incapacity

 

Lesson V: Court procedure and evidence to prove psychological Incapacity

 

Lesson VI: Solutions for Petitioners Working Overseas

 

Lesson VII: Issues after the issuance of Annulment Decision

 

Lesson VIII: Divorce obtained by former Filipino citizens

 

Lesson IX: Our Fee Structure

       
     

 

COURT DECISIONS

Read latest decisions of the

Supreme Court on Nullity

of Marriage

 

Contact Us

           
     

 

GETTING STARTED

How to file a Petition for

Annulment or Declaration

of Nullity of Marriage?

 

Annulment Main

 

ANNULMENT PROCEDURE

Step-by-step procedure in

filing a Petition for Nullity

Nullity of Marriage

               
                   
             

 

ANNULMENT LAW

Read the Rule on

Declaration of absolute

Nullity of void Marriages

and Annulment of void

Marriages

 
                     
                       
                         

 

  Home

l

 

Disclaimer

l

 

   Contact Us

l

 

  Site Map

l

 

       www.gtalawphil.com ::

 

Guzman Tañedo & Acain Law Offices
316 Mile Long Building, Amorsolo Street, Makati City, Philippines - Telephone: 894.14.41; Telefax: 812.42.96

All Rights Reserved