Evidence Requirements for Annulment of Marriage on the Ground of Fraudulent Pregnancy
(Philippine Legal Perspective, 2025)

1. Statutory Framework

Provision	Key Text	Relevance
Family Code, Art. 45(3)	“A marriage may be annulled when the consent of either party was obtained by fraud.”	Establishes fraud as a ground for annulment (voidable marriage).
Family Code, Art. 46(3)	Fraud exists when “at the time of the marriage the wife was pregnant by a man other than her husband and the latter was unaware of such fact.”	Defines the specific kind of fraud—concealment of pregnancy.
Family Code, Art. 47(2)	Action must be filed within five (5) years from discovery of the fraud, and is barred if the innocent spouse cohabits freely with full knowledge of the pregnancy.	Creates the prescriptive period and the concept of ratification.
A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity & Annulment, 2003)	Governs venue, pleadings, pre-trial, and evidence in Family Courts.	Lays down procedural and evidentiary rules specific to annulment actions.
Rules on Evidence, 2019 revision	Preponderance of evidence (§1, Rule 133); authentication of electronic documents (Rules 5–11, eCommerce Act & E-Rules).	Dictates evidentiary threshold and admissibility.

2. Elements That Must Be Proved

To secure a decree of annulment based on fraudulent pregnancy, the petitioner (usually the husband) must establish all of the following by a preponderance of evidence:

Existing Pregnancy at the Time of Marriage – The wife was already pregnant before or on the wedding date.
Pregnancy by a Third Person – Biological father is not the husband.
Ignorance & Reliance – Husband did not know of the pregnancy and would not have consented had he known.
Timely Action – Petition filed within five years of discovery (Art. 47) and before ratification (no voluntary cohabitation thereafter).

Failure to prove any element is fatal; partial proof will not suffice.

3. Burden & Standard of Proof

Burden – Always on the petitioner.
Standard – Preponderance of evidence (civil), not beyond reasonable doubt.
- The trial court must find that the husband’s version “is more likely true than not” in light of the whole record.

4. Admissible & Persuasive Evidence

Below is an exhaustive, practice-tested catalogue of evidence types usually offered. The list is cumulative; counsel should combine several categories to meet the burden convincingly.

A. Medical & Scientific Evidence

Evidence	Purpose	Tips on Foundation
Prenatal records (OB files, ultrasound images, doctor’s notes)	Show gestational age on wedding date.	Authenticate through the attending physician or clinic records custodian.
Hospital admission sheets or partograph	Corroborate conception timeline.	Explain medical shorthand for the court.
DNA / paternity testing under Rule 128 §3	Definitively prove husband is not biological father.	Secure court order or mutual consent; laboratory must meet ISO/DOH standards.

Practice point: Even when the child is already born, DNA results are admissible retroactively to prove third-party paternity at the time of marriage.

B. Documentary Evidence

Child’s birth certificate – Cross-match birth date with marriage date to infer conception.
Sworn admissions by the wife (e.g., barangay blotter, letters, text messages, chat logs printed & authenticated under the Rules on Electronic Evidence).
Affidavits or statements by the biological father acknowledging the child.

C. Testimonial Evidence

Husband’s testimony – Must narrate ignorance of pregnancy and reliance on wife’s representation.
Attending OB-GYN or midwife – To explain medical records and gestational estimates.
Friends/relatives – To describe concealment acts (loose clothing, excuses, misinformation).

Credibility is crucial—prepare witnesses against cross-examination on why the pregnancy escaped notice.

D. Circumstantial Evidence

Timeline of couple’s sexual relations (e.g., husband worked abroad during period of conception).
Absence of cohabitation before marriage, supporting impossibility of husband’s paternity.
Photos or videos near the wedding date showing visible pregnancy signs or their absence.

E. Digital / Social-Media Evidence

Under the 2019 Rules on Evidence and REE:

Facebook/Instagram posts, private messages, or geotags involving the wife and alleged biological father.
Metadata (timestamps) extracted and authenticated by a competent IT witness.

5. Procedural Roadmap

Verified Petition (Form annexed to A.M. No. 02-11-10-SC):
- Attach marriage certificate and child’s birth certificate.
Filing & Venue – Regional Trial Court (Family Court) where either spouse resides.
Service & Answer – Sheriff-served summons; respondent files Answer within 15 days.
Pre-Trial & Mandatory Mediation – Issues are simplified; possibility of settlement on property/child matters explored.
Trial – Evidence presentation; judicial affidavit rule applies.
Decision – Decree becomes final after 15 days if unappealed.
Registration – Final decree annotated on marriage & birth records (Civil Registry Law, RA 3753).

6. Common Defenses & Pitfalls

Defense	How It Works	Counter-Strategy
Ratification – Voluntary cohabitation after discovery (Art. 47)	Bar to action.	Establish no cohabitation or forced/brief co-residence.
Lack of Third-Party Paternity	Argue husband may still be father.	Use DNA or precise gestational dating.
Prescription	Filed beyond 5-year period.	Show exact date of discovery (usually through subpoenaed Viber chat revealing admission).
Unclean Hands / Collusion	Court may dismiss if spouses are colluding.	Demonstrate independent, corroborated evidence and good faith.

7. Selected Jurisprudence

Case	G.R. No.	Ratio Relevant to Fraudulent Pregnancy
Domingo v. CA	116447, 27 Jan 1997	Clarified that fraud under Art. 46 must be “serious and essential” to the consent.
Bustamante v. Bustamante	160129, 31 Aug 2005	Recognized DNA as competent evidence in family law disputes.
Republic v. Molina	108763, 16 Feb 1997	Though dealing with psychological incapacity, underscored need for independent expert evidence, a lesson equally vital in proving fraudulent pregnancy.

(No Supreme Court decision has yet squarely reversed or diluted Art. 46(3).)

8. Practical Litigation Tips

Front-load scientific proof. Courts are persuaded by objective medical timelines and DNA, not mere suspicion.
Subpoena clinics early. Hospitals routinely dispose of prenatal files after five years. Preserve them via subpoena duces tecum.
Synchronize chronology. Build a timeline chart aligning (a) wedding, (b) conception window, (c) overseas deployments, etc.
Guard against privacy breaches. Secure court permission before using electronic communications containing intimate data (Data Privacy Act).
Prepare for psychological impact. Although legitimacy of the child is not affected by the annulment (Art. 49), parties often contest this—clarify early to lower friction.

9. Effect of Annulment Decree

Voidable marriage ≠ void ab initio – Valid until annulled; civil effects subsist until decree’s finality.
Children conceived before finality remain legitimate (Arts. 50, 51).
Property regime – Dissolution and liquidation of absolute community or conjugal partnership (Art. 50).
Successional rights – Extinguished only after decree becomes final and entry is made in civil registry (Art. 52).

10. Conclusion

Annulment on the ground of fraudulent pregnancy is fact-intensive and evidence-driven. Success depends less on legal theory—Art. 46(3) is clear—than on assembling a cohesive, science-anchored evidentiary mosaic that convinces the Family Court the husband’s consent was vitiated. Practitioners must therefore master (1) medical documentation, (2) DNA protocol, and (3) authentication of digital footprints, while never losing sight of the prescriptive clock and the risk of ratification. When these disciplines converge, the petitioner meets the preponderance threshold and the marriage, though once presumed valid, will be set aside.