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Grounds and Timing for Filing Annulment in the Philippines

Annulment in the Philippines is a legal process by which a marriage is declared null and void from the beginning. Governed primarily by the Family Code of the Philippines, annulment differs from legal separation and declaration of nullity. This article explores in detail the grounds, prescriptive periods, procedures, and implications of filing for annulment within the Philippine legal system.

I. Legal Framework

Annulment is governed by Articles 45 to 55 of the Family Code of the Philippines. It covers marriages that are voidable, meaning valid until annulled by a court decision. This is distinct from void marriages (e.g., bigamous or incestuous unions) which are covered under a petition for declaration of nullity.

II. Grounds for Annulment

Under Article 45 of the Family Code, the following are the exclusive grounds for annulment of marriage:

1. Lack of Parental Consent

Applies to: Marriages where one party was between 18 and 21 years old and lacked parental consent.
Prescriptive period: Must be filed within five years after the party reaches the age of 21.

2. Psychological Incapacity

Applies to: One or both spouses are psychologically incapable of fulfilling the essential marital obligations.
Notes: This ground has been shaped extensively by jurisprudence (notably Republic v. Molina, Tan-Andal v. Andal).
Prescriptive period: No time limit; it can be filed at any time.

3. Fraud

Applies to: When the consent of one party was obtained through fraud.
Examples of fraud:
- Concealment of a sexually transmissible disease
- Concealment of drug addiction, alcoholism, or criminal conviction
- Pretending to be pregnant to induce marriage
Prescriptive period: Five years from the discovery of the fraud.

4. Force, Intimidation, or Undue Influence

Applies to: Where consent was obtained by threat or coercion.
Prescriptive period: Must be filed within five years from the time the force or intimidation ceased.

5. Impotence

Applies to: Either party was physically incapable of consummating the marriage, and such incapacity is incurable.
Prescriptive period: Five years from the time of marriage.

6. Serious Sexually Transmissible Disease (STD)

Applies to: One party was afflicted with a serious and incurable STD at the time of marriage.
Prescriptive period: Five years from the time of marriage.

III. Distinction from Declaration of Nullity

It’s essential to differentiate annulment from declaration of nullity:

Annulment applies to voidable marriages (valid until annulled).
Declaration of nullity applies to void ab initio marriages (never valid from the beginning).

Void marriages include:

Incestuous marriages
Bigamous marriages
Absence of essential/formal requisites (e.g., no marriage license, no authority of solemnizing officer)

IV. Timing and Prescription

The prescriptive periods are crucial to avoid dismissal of the case:

Ground	When to File
Lack of Parental Consent	Within 5 years after reaching 21
Fraud	Within 5 years from discovery
Force/Intimidation	Within 5 years from cessation
Impotence	Within 5 years from marriage
STD	Within 5 years from marriage
Psychological Incapacity	No time limit

Failure to file within these periods (except in psychological incapacity) may result in the dismissal of the petition.

V. Legal Procedure

Filing of Petition: File with the Regional Trial Court (Family Court) where either party resides.
Grounds and Evidence: Must be well-supported, especially for psychological incapacity, often requiring expert testimony.
Court Proceedings:
- Judicial affidavit and witness examination
- Investigations by the Public Prosecutor and Prosecutor’s Report
- Appearance of the Solicitor General
Decision: If annulment is granted, the court issues a Decree of Annulment.

VI. Consequences of Annulment

Status of Children:
- If the marriage was voidable but annulled, children born before the annulment are considered legitimate.
Property Relations:
- The conjugal partnership or absolute community of property is dissolved.
Right to Remarry:
- Allowed only after the Decree of Annulment becomes final and recorded with the Civil Registry.

VII. Related Remedies

Legal Separation: Does not dissolve the marriage bond but allows for separation of property and living arrangements.
Nullity of Marriage: Appropriate for marriages that were void from the beginning.

VIII. Jurisprudence on Psychological Incapacity

Recent Supreme Court decisions have liberalized this ground:

Tan-Andal v. Andal (G.R. No. 196359, May 11, 2021): Clarified that psychological incapacity is not a medical or clinical diagnosis but a legal concept referring to a party's inability to comply with fundamental marital obligations.

Conclusion

Annulment in the Philippines is a complex legal remedy with clearly defined grounds and timelines. Understanding the differences between void and voidable marriages, observing prescriptive periods, and meeting evidentiary requirements are vital to a successful petition. Seeking competent legal counsel is strongly advised for anyone considering filing for annulment.

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