Grounds | Voidable Marriages | Marriage | FAMILY CODE

Topic: Civil Law > III. Family Code > A. Marriage > 5. Voidable Marriages > a. Grounds

In Philippine law, under the Family Code, marriages that are voidable (as opposed to void ab initio or valid marriages) are those which remain valid and binding until annulled or set aside by a court of law. Voidable marriages exist despite certain defects or issues at the time of marriage, but these defects provide grounds for annulment if actioned upon by a party.

Key Legal Framework

Under Title I, Chapter 4, Articles 45 and 46 of the Family Code, voidable marriages are defined, and the specific grounds under which a marriage may be annulled are detailed. The process for annulment on these grounds generally requires a judicial proceeding, and the action must be brought within a specific time frame or under particular circumstances, depending on the grounds.

---

Grounds for Annulment of Voidable Marriages (Article 45)

The Family Code specifies six grounds under which a marriage is considered voidable and may be annulled:

1. Lack of Parental Consent (Article 45, Paragraph 1)

   • If either party was eighteen (18) years of age or over but below twenty-one (21) years of age at the time of marriage and did not obtain parental consent, the marriage may be annulled.
   • Prescriptive Period: The action to annul must be filed within five years after reaching the age of 21 by the party whose consent was not obtained, or by a parent or guardian.

2. Insanity (Article 45, Paragraph 2)

   • If either party was insane or mentally incapacitated at the time of marriage, the marriage may be annulled.
   • Who May File: This action can be filed by the sane spouse, the relative or guardian of the insane spouse, or the insane spouse once they have regained sanity.
   • Prescriptive Period: The action must be filed before the death of either party.

3. Fraud (Article 45, Paragraph 3)

   • The marriage is voidable if consent to the marriage was obtained through fraud.
   • Types of Fraud Recognized (Article 46):
     • Non-disclosure of a prior conviction for a crime involving moral turpitude.
     • Concealment of pregnancy by another man.
     • Concealment of a sexually transmissible disease that is serious and appears to be incurable.
     • Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism.
   • Prescriptive Period: An action based on fraud must be filed within five years from the discovery of the fraud.

4. Force, Intimidation, or Undue Influence (Article 45, Paragraph 4)

   • A marriage is voidable if consent was obtained through force, intimidation, or undue influence.
   • Prescriptive Period: The action to annul on this ground must be filed within five years from the cessation of such force, intimidation, or undue influence.

5. Impotency (Article 45, Paragraph 5)

   • The marriage may be annulled if either party was physically incapable of consummating the marriage with the other, and such incapacity appears to be incurable.
   • Prescriptive Period: This action must be filed within five years after the marriage.

6. Sexually Transmissible Disease (Article 45, Paragraph 6)

   • If either party was afflicted with a sexually transmissible disease that is serious and appears to be incurable, the marriage may be annulled.
   • Prescriptive Period: This action must be filed within five years after the marriage.

---

Procedural Aspects and Relevant Considerations

• Annulment vs. Declaration of Nullity: It is crucial to distinguish between voidable marriages (annulment) and void marriages (declaration of nullity). Voidable marriages are presumed valid until annulled by a court. In contrast, void marriages are considered non-existent from the outset.

• Statute of Limitations: Each ground for annulment has a specific prescriptive period within which the aggrieved party must act. Failing to file within the prescribed time may bar the action, leaving the marriage valid.

• Legitimacy of Children (Article 54): Children conceived or born of a voidable marriage before its annulment are considered legitimate. Annulment does not affect the legitimacy of the children.

• Effects on Property: Upon annulment, the property regime of the marriage (e.g., absolute community or conjugal partnership) is dissolved, and the properties are divided according to the rules applicable to the type of regime in place during the marriage.

• Support and Custody: Even after the annulment of marriage, the court may order support and decide custody matters for the children.

Jurisprudence on Voidable Marriages

The Supreme Court has clarified the importance of proving specific grounds for annulment. Courts carefully examine evidence, particularly for claims involving fraud, force, or physical incapacity, as these can be challenging to substantiate without credible proof. Courts may require expert testimony or documentary evidence (e.g., medical records) to confirm claims like mental incapacity or physical incapacity.

In summary, voidable marriages in the Philippines allow individuals to seek annulment on specific grounds, with procedural requirements that must be strictly followed to ensure that the marriage is legally nullified.