A few weeks ago, we posted an article on the blog entitled “How to File Annulment of Marriage in the Philippines.” We shared with you the basic procedures of filing an annulment for a marriage along with the valid legal reasons why a marriage may be annulled.
For this entry, we dug deeper and researched further about the grounds why a marriage may be nullified or annulled.
We checked out the information posted online by Persida Acosta of the Public Attorney’s Office where she answered the questions of a woman regarding annulment. This was posted in The Manila Times.
First and foremost, Chief Acosta clarified that physical separation between a husband and a wife “does not necessarily entitle either party to the filing of a petition to nullify or annul his or her marriage.” It definitely requires much more than that.
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According to Acosta, the Family Code dictates which grounds are valid for marriage nullification which are as follows:
1.Either the husband or the wife is below 18 years of age, even with consent from parents or guardians;
2.The Marriage was solemnized by a person not legally authorized to perform marriages unless it was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
3.Marriage was solemnized without license, except those allowed under the law;
4.Bigamous or polygamous marriages not falling under Article 41;
5.Marriage was contracted through mistake of one contracting party as to the identity of the other;
6.Subsequent marriages that are void under Article 53;
7.Either party was psychologically incapacitated to comply with the essential marital obligations of marriage at the time of the celebration of the marriage;
9.Marriages which are void from the beginning for reasons of public policy (Articles 35, 36, 37 and 38)
Annulment of Marriage
As far as marriage annulment is concerned, these are the legal grounds:
1.Either party was 18 years of age or over but below twenty-one, and the marriage was solemnized without the consent of his parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, he/she freely cohabited with the other party;
2.Either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
3.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;
4.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;
5.Either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable;
6.Either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable (Article 45).
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To file a formal petition for nullification or annulment, visit the regional trial court and work closely with a competent lawyer.