Article 45: A marriage may be annulled for any of the following causes, existing at the time of marriage

Article 45: A marriage may be annulled for any of the following causes, existing at the time of marriage.

1. The party to whom the annulment is sought was 18 to less than 21 years of age and the marriage was solemnized without the consent of parents, guardians or person having substitute parental authority over the party, in that order, Unless after attaining the age of 21, such party freely cohabited with the other and both lived together as husband and wife, which ratifies the marriage.

2.) That either party was of unsound mind unless such party after coming to reason, freely cohabited with the other as husband and wife;

•The party is incapable of comprehension as to what he is getting into, making him/her unable to give his/her consent.

But the spouse who alleges the existence of an unsound mind in his/her spouse must prove by a preponderance of evidence that the respondent was not cognizant of the basic marital obligations.

In case of insanity, the same spouse who had no knowledge of the other spouse’s insanity; or the relative or guardian of the insane, must file the action to have the marriage annulled at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity [Art. 47 (2), Family Code)].

3.) That the consent of either party was obtained by fraud, unless such party afterward, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; 

Any of the following circumstances shall constitute fraud:

a.) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude.

b.) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.

c.) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage.

d.) Concealment of drug addiction,   habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

Such concealment presupposes bad faith and intent to defraud the other party in giving consent to the marriage.

Note: Homosexuality per se is not among those cited in the list of circumstances constituting fraud, it is its concealment that serves as a valid ground to annul a   marriage.

4.) That 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 as husband and wife.

In this case, the threat or intimidation must be of such nature to prevent the party upon who it is employed from acting as a free agent, his will being coerced by fear or compulsion or that one of the parties executes a contract, or performs an act against his will under pressure which he can not resist.

5.) That either party was physically incapable of consummating the marriage with the other.

The incapacity pertains to impotency which must continue and appear to be incurable. 

Impotency is the incapability of procreation. Incapability must continue to be so and appears to be incurable.

Sterility, however, is not contemplated by the law, for even if a person is sterile, he can still perform acts of copulation. The test for impotency is the capability to copulate.

In order that it can be used as a ground for annulment, one must prove:

1.           Its existence at the time of the marriage appears to be incurable;
2.  It continues to cause the inability of copulate.

6.) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.

The rules on voidable Marriages are that voidable marriages are valid until annulled.

If it is the party to the marriage who would file the action, it must be done by him/her within 5 years after attaining the age of 21. If it is the parent or guardian who should file it, then, it should be done at any time before the party reaches the age of 21 [Art. 47 Family Code].

Voidable marriages can be cured or cleansed of their defect by the act of the parties of freely cohabiting with one another, after the party whose parents or guardians who did not give consent to the marriage, reached the aged of 21.

The action to have the marriage annulled must be filed within 5 years:

a.) from the discovery of the fraud; or

b.) from the time the force, intimidation, or undue influence has disappeared or ceased [Art.47(3and4) Family Code].