Voidable Marriages in Philippine Law

Under the Philippine Family Code, voidable marriages refer to those that are initially valid until they are annulled or declared void through judicial proceedings. In other words, these marriages have a legal basis but contain defects that allow one of the parties to challenge their validity. Voidable marriages differ from void marriages, which are considered void from the outset, and voidable marriages require a court order to be rendered void. Below are the detailed provisions governing voidable marriages in the Philippines under Article 45 of the Family Code.

Grounds for Annulment of Voidable Marriages (Article 45)

The grounds for annulment of voidable marriages are strictly limited to those stated in the law. In the Philippines, a marriage may be annulled based on the following grounds:

Lack of Parental Consent
- Applicable if either or both parties were eighteen (18) but below twenty-one (21) years old at the time of marriage and did not obtain parental consent.
- Prescriptive Period: The action for annulment must be filed by the parent or guardian within five (5) years after reaching the age of twenty-one (21) if no parental consent was obtained.
Mental Incapacity or Insanity
- If one party was of unsound mind at the time of marriage, the marriage may be annulled.
- Prescriptive Period: The petition for annulment must be filed by the sane spouse or by a relative or guardian of the insane party at any time before the death of either party.
- If the insane person regains mental capacity and lives with the other spouse, the right to file for annulment may be waived.
Fraud
- Marriage can be annulled if one party was deceived by the other through fraudulent acts that were material in obtaining the other party's consent.
- Fraud must be one of the following:
  - Non-disclosure of a previous conviction by final judgment of a crime involving moral turpitude
  - Concealment of a pregnancy by another man at the time of marriage
  - Concealment of a sexually transmissible disease, regardless of its nature, existing at the time of marriage
  - Concealment of drug addiction, habitual alcoholism, or homosexuality or lesbianism
- Prescriptive Period: The injured party must file for annulment within five (5) years after the discovery of the fraud.
Force, Intimidation, or Undue Influence
- Marriage may be annulled if the consent of one party was obtained through force, intimidation, or undue influence.
- Prescriptive Period: The injured party has five (5) years from the cessation of the force or intimidation to file the petition for annulment.
Impotence or Physical Incapacity to Consummate the Marriage
- If one party is physically incapable of sexual intercourse with the other party and this incapacity is permanent, incurable, and existing at the time of marriage, the marriage can be annulled.
- Prescriptive Period: The petition for annulment must be filed within five (5) years after the celebration of the marriage.
Sexually Transmissible Disease
- Marriage may be annulled if one party was afflicted with a sexually transmissible disease that is serious and appears to be incurable at the time of marriage.
- Prescriptive Period: The petition must be filed within five (5) years after the celebration of the marriage.

Effects of Annulment of Voidable Marriages

Once a voidable marriage is annulled, the following consequences take effect:

Status of the Children
- Children born or conceived before the decree of annulment are considered legitimate and retain their rights under the law.
Property Relations
- If both parties acted in good faith, their property relations shall be governed by the system of absolute community of property or conjugal partnership of gains, depending on which was chosen at the time of marriage.
- If one party acted in bad faith, the guilty party will forfeit their share of the property. This forfeited share is awarded to the common children, or, if none, to the innocent spouse.
Succession Rights
- Upon annulment, the innocent spouse may inherit from the guilty spouse if the guilty spouse dies intestate, and the innocent spouse’s share will be equal to that of a legitimate child.
- A spouse declared to be in bad faith in the annulment will lose their inheritance rights from the other spouse.

Judicial Process of Annulment for Voidable Marriages

In order to declare a marriage voidable, a judicial decree of annulment is required. Here are the steps involved in the annulment process in the Philippines:

Filing of Petition
- The aggrieved party must file a petition for annulment in the Regional Trial Court (RTC) of the province or city where they or their spouse resides.
Notice and Summons
- Upon filing, the court will issue a summons to the respondent (the other spouse). The respondent will then be given the opportunity to file an answer to the petition.
Trial
- The court will conduct a trial to hear both parties' testimonies and evidence.
- The petitioner must present sufficient evidence to prove that the marriage falls under one of the grounds for annulment specified under Article 45 of the Family Code.
Judgment
- If the court finds merit in the petition, it will issue a decree of annulment. The decree shall specify the legal grounds and declare the marriage void from the time of the decree.

Important Considerations

Good Faith Requirement: Good faith plays a critical role in determining the property rights of the spouses upon annulment. If both parties acted in good faith, each retains their right to their share of the property. However, if one party acted in bad faith, they forfeit their share to the innocent spouse or common children.
Prescription Periods: It is essential to note that voidable marriages have strict prescriptive periods within which a petition for annulment must be filed. Failure to act within these periods results in the marriage becoming permanently valid.
Difference from Void Marriages: Voidable marriages are considered legally valid until annulled, unlike void marriages which are deemed null and void from the outset. Voidable marriages require judicial action to nullify them, while void marriages are automatically void without a court decree.
Burden of Proof: The burden of proof rests on the petitioner to establish that one or more grounds for annulment exist. Annulment is not granted lightly, as the courts in the Philippines generally favor the preservation of marriage.

Summary

Voidable marriages are those that are valid until annulled by a court due to defects or grounds specified under Article 45 of the Family Code. These grounds include lack of parental consent, mental incapacity, fraud, force or intimidation, impotence, and sexually transmissible disease. A successful annulment requires strict adherence to prescribed timelines, filing procedures, and a thorough presentation of evidence. Children of voidable marriages remain legitimate, and the property rights of spouses depend on good faith.