16th Apr 2013
There is no divorce in the Philippines. However, a marriage may be annulled in the Philippines for any of the following causes, existing at the time of the marriage:
(1) Either party was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, UNLESS after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife.
(2) That either party was of unsound mind, UNLESS such party after coming to reason, freely cohabited with the other as husband and wife.
(3) That the 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 as husband and wife.
(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.
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable.
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.
With regard to Item 3 above, 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.
Effects of Annulment of Marriage
The annulment of marriage in the Philippine shall produce the following effects:
• The children conceived or born before the annulment decree shall be considered legitimate;
• The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated. The share of the spouse in bad faith in the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;
• Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law;
• The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable;
• The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession.
• If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law.
The final judgment in the annulment case shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes. In the partition, the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of the common children choose to remain.
It must be emphasized that the judgment of annulment of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.
For more information on annulment of marriage in the Philippines, visit our website www.ndvlaw.com .
Nicolas & De Vega Law Offices is a full service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 4706126, +632 4706130, +632 4016392.
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