What Are the Grounds for Annulment in the Philippines?
Quick answer
Article 45 of the Family Code lists six grounds for annulment, and each must already exist on the wedding day: lack of parental consent for a party aged 18 to below 21, unsound mind, fraud, force or intimidation, physical incapacity to consummate the marriage, and a serious, incurable sexually-transmissible disease. Fraud means only the four cases in Article 46. Most grounds must be raised within five years, counted as Article 47 says.
What does Article 45 say?
Article 45 opens with the rule that matters most:
A marriage may be annulled for any of the following causes, existing at the time of the marriage:
A marriage with one of these defects is called a voidable marriage: a court may annul it. This is different from a void marriage, which Article 35 calls "void from the beginning" and which is the subject of a petition for declaration of nullity (Articles 35 to 38).
What are the six grounds for annulment?
| Ground (Art. 45) | What it means | Can it be lost? | Deadline to file (Art. 47) |
|---|---|---|---|
| (1) No parental consent | A party aged 18 or over but below 21 married without the consent of a parent, guardian or person with substitute parental authority | Yes, if after turning 21 the party freely lived with the other as husband and wife | The party: within five years after turning 21. The parent or guardian: any time before the party turns 21 |
| (2) Unsound mind | Either party was of unsound mind at the wedding | Yes, if after coming to reason the party freely cohabited with the other as husband and wife | The spouse with no knowledge of the other's insanity (see the note below); a relative, guardian or person in charge of the insane spouse, any time before either party dies; or the insane spouse during a lucid interval or after regaining sanity |
| (3) Fraud | Consent was obtained by one of the four kinds of fraud in Art. 46 | Yes, if with full knowledge of the fraud the party freely cohabited with the other as husband and wife | The injured party: within five years after discovering the fraud |
| (4) Force, intimidation or undue influence | Consent was not freely given | Yes, if after the force ended the party freely cohabited with the other as husband and wife | The injured party: within five years after the force or influence ended |
| (5) Physical incapacity to consummate | Either party could not consummate the marriage, and this continues and appears incurable | Not listed | The injured party: within five years after the wedding |
| (6) Serious sexually-transmissible disease | Either party had such a disease, found to be serious and appearing incurable | Not listed | The injured party: within five years after the wedding |
Note on ground (2): the text of Article 47(2) on the Supreme Court E-Library reads "by the same spouse, who had no knowledge of the other's insanity". The full text of each deadline is on the Article 47 page.
What counts as fraud for annulment?
Fraud has a narrow, closed meaning. Article 46 lists only four situations:
- Not telling the other party about one's earlier conviction, by final judgment, of a crime involving moral turpitude.
- The wife hiding that, at the time of the wedding, she was pregnant by another man.
- Hiding a sexually transmissible disease, of any kind, that existed at the wedding.
- Hiding drug addiction, habitual alcoholism, or homosexuality or lesbianism that existed at the wedding.
The last paragraph closes the list:
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.
So lies about money, a job, family background or past relationships are not fraud for annulment, however hurtful they are.
Is cheating or abandonment a ground for annulment?
No. Things that happen after the wedding, such as sexual infidelity, violence or abandonment, are not grounds for annulment, because Article 45 looks only at defects that existed when the couple married. Several of them are grounds for legal separation under Article 55. Legal separation lets the spouses live apart, but they stay married. See What are the grounds for legal separation?
Where does psychological incapacity fit?
Psychological incapacity is not in Article 45. Under Article 36 it makes the marriage void, so the case is a petition for declaration of nullity. In everyday talk it is often called an "annulment". Since Tan-Andal v. Andal (2021), a psychologist's report is no longer required to prove it. See Psychological incapacity after Tan-Andal.
How does this work in real life?
These are made-up examples to show how the rule works. They are not advice for any real case.
Elena married Fred in 2020. In 2023 she discovers that Fred hid a drug addiction that he already had before the wedding. That is fraud under Article 46(4). She has five years from the discovery to file (Article 47(3)). If, knowing the truth, she freely continues to live with him as husband and wife, she loses this ground (Article 45(3)).
Gino married at 19 without his parents' consent. He left his wife before he turned 21, and they never lived together again as husband and wife. Gino may file within five years after turning 21 (Article 47(1)).
Hazel learns after the wedding that her husband lied about owning a business. That is deceit about "fortune", which Article 46 excludes. It is not a ground for annulment.
When do you need a lawyer?
An annulment is a court case. A public prosecutor takes part to make sure the spouses are not colluding and that evidence is not invented or hidden, and no judgment can rest on a stipulation of facts or confession of judgment (Article 48). A lawyer can tell you whether your facts fit one of the grounds, whether the five-year deadline is still open, and whether another case, such as nullity or legal separation, fits better.
If you cannot afford a lawyer, see Free legal help in the Philippines. To compare all three cases, see Annulment vs nullity vs legal separation.
Which provisions does this answer rest on?
- Article 45, Family CodeGrounds for annulment
- Article 46, Family CodeWhat counts as fraud in annulment
- Article 47, Family CodeWho may file for annulment and until when
- Article 36, Family CodePsychological incapacity
- Article 35, Family CodeMarriages void from the beginning
- Article 55, Family CodeGrounds for legal separation
Which Supreme Court rulings are relevant?
Frequently asked questions
Is infidelity a ground for annulment?
No. Sexual infidelity is a ground for legal separation under Article 55. The grounds for annulment in Article 45 must already exist at the time of the wedding.
My spouse lied about his job and income before the wedding. Is that fraud?
Not for annulment. Article 46 lists only four kinds of fraud and says no other misrepresentation about character, health, rank, fortune or chastity counts.
Is psychological incapacity a ground for annulment?
Strictly, no. Psychological incapacity under Article 36 makes a marriage void, so the case is a declaration of nullity, not an annulment. Many people still call it an annulment.
How long do I have to file for annulment because of fraud?
Five years after discovering the fraud (Article 47(3)). But you lose the ground if, after learning the facts, you freely lived with your spouse as husband and wife (Article 45(3)).
Can my parents file the annulment for me?
Only for lack of parental consent, and only before you turn twenty-one (Article 47(1)). For unsound mind, a relative, guardian or person in charge of the insane spouse may also file.
Is not having children a ground for annulment?
Article 45 does not mention being unable to have children. Ground (5) is about a spouse who was physically incapable of consummating the marriage, where the incapacity continues and appears incurable.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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