In the legal landscape of the Philippines, there are instances where a union may be severed through an annulment. Since the Philippines is currently one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is vital for those seeking a legal exit from a troubled marriage.
Annulment vs. Nullity: Knowing the Difference
Before diving into the grounds, it is important to distinguish between an "annulment" and a "declaration of absolute nullity." Legally speaking, an annulment refers to a marriage that was valid at the start but has a flaw that makes it "voidable." On the other hand, a declaration of nullity applies to marriages that were void from the beginning (void ab initio).
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The Legal Grounds for Annulment (Article 45)
The law provides six specific grounds for voiding a marriage:
Absence of Parental Permission: If either party was between 18 and 21 years old and got married without the permission of their parents or guardians.
Mental Incapacity: If at the time of the wedding, one party was of unsound mind, unless they freely cohabited after coming to reason.
Fraudulent Consent: This involves deception regarding critical matters, such as the hiding of a criminal record, pregnancy by another man, or a serious sexually transmissible disease.
Force, Intimidation, or Undue Influence: If the agreement to the union was forced or violence.
Physical Incapacity: If either party is physically unable of engaging in sexual intercourse and the condition appears permanent.
Serious Sexually Transmissible Disease: If a spouse had a serious and incurable STD at the time of the marriage.
Understanding Article 36: Psychological Incapacity
Perhaps the most frequently used ground for ending a marriage is Psychological Incapacity under Article 36. Technically, this is a petition for the declaration of nullity.
This ground involves grounds for annulment in the philippines a condition where a spouse is utterly incapable of fulfilling the duties of marriage. Recent jurisprudence, the Supreme Court has clarified that this does not necessarily require a clinical diagnosis of a personality disorder, but rather proof of a durable "personality structure" that prevents a functional marriage.
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How to File for Annulment
The legal journey for an annulment is often a rigorous process that demands the assistance of a qualified lawyer.
Expert Assessment: Especially for Article 36 petitions, a testimony from a psychologist is used to prove the incapacity.
Petition Filing: The case must be filed in the Regional Trial Court where the parties resides.
Government Involvement: The public prosecutor will ensure that no secret agreement exists between the spouses.
Summary
Navigating the grounds for annulment in the Philippines is a significant life decision. By understanding Article 45 and Article 36, allows you to make informed choices and seek the legal relief you need. Seeking professional legal advice is the most effective first step in resolving a broken marriage.