Article 46 of the Family Code: What counts as fraud in annulment
Status: In force
What does Article 46 say?
Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:
(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.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
What does it mean in plain language?
Article 46 says which kinds of fraud allow a marriage to be annulled under Article 45(3). There are only four: hiding a final conviction for a crime involving moral turpitude; the wife hiding that she was pregnant by another man at the time of the marriage; hiding a sexually transmissible disease; and hiding drug addiction, habitual alcoholism, or homosexuality or lesbianism that existed at the time of the marriage. No other lie counts.
The list is closed. Article 46 ends with a clear rule: misrepresentation or deceit about character, health, rank, fortune or chastity is not fraud for annulment. So a spouse who lied about a job, a salary, a family's wealth, a past relationship or a personal habit not in the list cannot use Article 46.
Every case in the list is about something that existed before the wedding and was hidden. A problem that started only after the wedding is not fraud under this article.
How does it work in real life?
Nina: a hidden conviction
Nina learns, a year after her wedding, that her husband had been convicted by final judgment of a crime involving moral turpitude years before they met, and he never told her. This fits Article 46(1). Nina has five years after the discovery to file (Article 47(3)), but she loses the ground if, knowing the truth, she freely keeps living with him as husband and wife (Article 45(3)).
Jomar: "she said her family owned a resort"
Before the wedding, Jomar's wife said her family owned a resort in Palawan. It was not true. This is a lie about fortune and rank. Article 46 says it is not fraud for annulment, however hurtful it is.
Carla: a drinking problem kept secret
Carla's husband hid from her that he had suffered from habitual alcoholism for years before the wedding. His family can testify that this was already true before they married. This can fit Article 46(4), if the court finds that the habitual alcoholism existed at the time of the marriage and was concealed.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Fraud is proven in court with evidence. The spouses' own agreement or admission is not enough: no judgment can be based on a stipulation of facts or confession of judgment, and a public prosecutor takes part (Article 48).
- Only the injured party may file on the ground of fraud, within five years after the discovery (Article 47(3)).
- Continuing to live together freely after learning the full facts cures the fraud (Article 45(3)).
- Drug addiction and habitual alcoholism that appear during the marriage may instead be a ground for legal separation under Article 55, which keeps the marriage in place.
- For every ground side by side, see what are the grounds for annulment?.
What are the four kinds of fraud in Article 46?
This is the full list, as the law words it:
Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article: (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.
In plain words:
- A hidden criminal conviction. The other party had been convicted by final judgment of a crime involving moral turpitude and did not disclose it. A pending case or a mere accusation is not a conviction by final judgment.
- A hidden pregnancy by another man. At the time of the marriage, the wife was pregnant by a man other than her husband and hid it.
- A hidden sexually transmissible disease. Any such disease that existed at the time of the marriage and was hidden, "regardless of its nature".
- Other hidden conditions. Drug addiction, habitual alcoholism, or homosexuality or lesbianism, existing at the time of the marriage and hidden. The ground is the concealment the law describes.
What lies do not count as fraud for annulment?
Article 46 shuts out every other kind of deceit:
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
This means a spouse cannot ask for annulment on the ground of fraud because the other:
- lied about being rich, having a business or having a degree (rank or fortune);
- hid a health problem that is not one of the conditions listed in Article 46 (health);
- hid a bad temper or other traits (character);
- lied about past relationships (chastity).
Some of these facts may matter under other rules. For example, a psychological incapacity to comply with the essential marital obligations, existing at the time of the wedding, is covered by Article 36, a different case with different proof. Article 46 itself does not reach them.
How is Article 46(3) different from Article 45(6)?
Both deal with sexually transmissible diseases, but they are separate grounds:
- Article 46(3), fraud: the disease existed at the time of the marriage and was concealed. Any such disease counts, "regardless of its nature".
- Article 45(6): either party had a sexually-transmissible disease "found to be serious and appears to be incurable". This ground does not require concealment.
The filing periods also differ. For fraud, the injured party has five years after discovering the fraud. For Article 45(6), the injured party has five years after the marriage (Article 47).
Which Supreme Court rulings are relevant?
Frequently asked questions
My spouse lied about his job and income before the wedding. Is that fraud under Article 46?
No. Article 46 says no other misrepresentation or deceit as to character, health, rank, fortune or chastity counts as fraud for annulment. A lie about work or money is not one of the four listed cases.
Is a hidden pregnancy a ground for annulment?
Yes, in the case the law describes: the wife hid that, at the time of the marriage, she was pregnant by a man other than her husband (Article 46(2)).
Does the sexually transmissible disease have to be serious?
Not for fraud. Article 46(3) covers the concealment of a sexually transmissible disease regardless of its nature, existing at the time of the marriage. Article 45(6) is a separate ground that needs a serious disease that appears to be incurable, even without concealment.
How long do I have to file for annulment because of fraud?
Five years after the discovery of the fraud, filed by the injured party (Article 47(3)). The ground is lost if, with full knowledge of the facts, the injured party freely cohabited with the other as husband and wife (Article 45(3)).
My spouse was not a virgin, contrary to what I was told. Is that fraud?
No. Article 46 expressly says that misrepresentation or deceit as to chastity does not constitute fraud for annulment.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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