Below is a comprehensive discussion of the topic “Annulment for De Facto Separation and Adultery in Marriage” in the Philippine legal context. Because this subject touches on multiple areas of Philippine family law, it is important to understand the distinction between (1) void and voidable marriages (commonly referred to as “declaration of nullity” and “annulment”), (2) legal separation, and (3) the treatment of adultery under both family and criminal law.

1. Overview of Philippine Marriage Laws

1.1. No Absolute Divorce (General Rule)

Under Philippine law (specifically the Family Code of the Philippines), there is no absolute divorce available to most Filipino citizens. This means that marriages generally can only be ended by:

Declaration of Nullity of Marriage (Void Marriage) – A legal process in which a marriage is declared void ab initio (as if it never existed in the eyes of the law).
Annulment (Voidable Marriage) – A legal process in which a valid marriage is subsequently annulled or invalidated based on specific grounds recognized by law.
Legal Separation – A process whereby spouses are allowed to live separately (and have separation of property, among other things) but remain legally married.

The Muslim Code (P.D. 1083) provides for divorce under certain conditions only for Muslim Filipinos or where at least one spouse is a Muslim and the marriage was solemnized under Muslim rites. Outside of that, the general Filipino population does not have divorce as an option.

2. Grounds for Annulment and Declaration of Nullity

2.1. Declaration of Nullity (Void ab initio)

A marriage can be declared void from the beginning for the following primary reasons (Family Code of the Philippines):

Lack of authority of the solemnizing officer (Article 35).
Absence of a valid marriage license (Article 35).
Bigamous or polygamous marriages (Article 35).
Incestuous marriages (Article 37).
Marriages against public policy (Article 38).
Psychological incapacity (Article 36) – A mental or psychological condition rendering a spouse unable to comply with the essential marital obligations.

2.2. Annulment (Voidable Marriage)

A marriage is valid until annulled and may be annulled only on the following specific grounds (Article 45, Family Code):

Lack of Parental Consent – If one or both parties were between 18 and 21 and got married without the required parental consent.
Insanity or Unsound Mind – Existing at the time of marriage.
Fraud – Such as concealment of a sexually transmissible disease, pregnancy by another man, or conviction of a crime, among other narrowly defined circumstances.
Force, Intimidation, or Undue Influence – If a spouse was compelled to give consent to the marriage.
Physical Incapacity to Consummate the Marriage – Incurable impotence existing at the time of marriage.
Sexually Transmissible Disease – If at the time of marriage one party had a serious and incurable STD unknown to the other.

Adultery by itself, or “de facto separation,” does not appear in any of these lists of grounds for annulment or declaration of nullity. Thus, adultery or de facto separation alone is not a direct ground for annulment or for declaring a marriage void under the Family Code.

3. De Facto Separation

3.1. Definition

“De facto separation” means the spouses are living apart without the benefit of a court decree. In other words, they have decided to separate physically and financially on their own but without any legal process or court recognition.

3.2. Legal Effect on Marriage

A de facto separation (living separately by mutual agreement or otherwise) does not dissolve or void the marriage. It simply means that the spouses are no longer cohabiting.

No direct ground for annulment: De facto separation is not included in the grounds for either annulment or declaration of nullity.
Property implications: De facto separation can have practical implications on property matters. For instance, properties acquired after de facto separation are still subject to the property regime rules (e.g., absolute community or conjugal partnership) unless otherwise judicially separated or legally separated.

4. Adultery in Philippine Law

4.1. Adultery as a Criminal Offense

Under the Revised Penal Code of the Philippines:

Adultery is committed by a married woman who has sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her, knowing her to be married.
This is distinct from “concubinage,” which generally applies to a married man who keeps a mistress in certain defined circumstances.

However, adultery—while it is a criminal offense—does not automatically render a marriage void or voidable. A spouse’s commission of adultery must be addressed through criminal proceedings if the offended spouse chooses to file a criminal complaint, subject to the rules of evidence and the timeline for filing.

4.2. Adultery as a Ground for Legal Separation

Although adultery is not a ground for annulment or nullity, it is a ground for legal separation. Under the Family Code (Article 55):

“Sexual infidelity” or an act of adultery is a valid ground for legal separation.
If granted, a decree of legal separation allows the spouses to live apart and separate their property but they remain married to each other.

5. Possible Legal Remedies When a Spouse Commits Adultery

5.1. Criminal Complaint for Adultery

The offended spouse may file a criminal case. Proof of actual sexual intercourse and knowledge of the marital status are required. This is a criminal procedure, not a civil one, and comes with its own rules of evidence and timelines.

5.2. Legal Separation

If adultery has occurred (or any form of sexual infidelity), the aggrieved spouse can file a petition for legal separation within five (5) years from the time of discovery of the offense. Legal separation:

Does not terminate the marriage.
Allows spouses to live separately and manage their own affairs, including property relations.
Does not allow remarriage.

5.3. Declaration of Nullity or Annulment on Other Grounds

A spouse who experiences severe marital problems—such as chronic adultery—may explore whether the offending spouse could be “psychologically incapacitated” under Article 36 (for declaration of nullity).

Example: In some cases, extreme sexual promiscuity or habitual failure to meet basic marital obligations can be argued (with strong evidence) under the legal theory of psychological incapacity if it shows a deeply rooted psychological or personality disorder that existed before or at the time of marriage and rendered the spouse unable to comply with essential marital obligations. However, the standard of proof is high, and the Supreme Court has clarified that “mere difficulty,” “refusal,” or “neglect” to perform marital obligations does not automatically equate to psychological incapacity.

Note: Adultery by itself does not automatically prove psychological incapacity. Each case is evaluated on its own facts, including expert testimonies and psychological evaluations.

6. De Facto Separation and Adultery: Common Misconceptions

Misconception: “If my spouse and I are separated in fact, then adultery by my spouse is automatically a ground for annulment.”
- Reality: De facto separation + adultery does not create an automatic ground for annulment. They might be grounds for legal separation (or, in some cases, evidence of psychological incapacity if extremely severe), but not direct grounds for annulment under Articles 45–46 of the Family Code.
Misconception: “Once I catch my spouse committing adultery, I can immediately get the marriage nullified or voided.”
- Reality: The Family Code’s grounds for nullity/voidability do not include adultery as a standalone reason. A marriage remains valid until declared otherwise by a competent court, under recognized grounds.
Misconception: “De facto separation for many years ends the marriage.”
- Reality: No matter how long the couple has been de facto separated (even 10 or 15 years), the marriage remains valid unless a court issues a final judgment of annulment or nullity, or unless the spouses are legally separated (which still does not permit remarriage).

7. Process Summary

7.1. If the Concern Is Ending the Marriage

Check grounds under Articles 35, 36, 37, 38 for void marriages, or
Articles 45 and 46 for voidable (annullable) marriages.
If you believe there is a possible ground under psychological incapacity (Article 36), consult an attorney to evaluate your case thoroughly.

7.2. If the Concern Is Living Separately with Protection of Rights

Legal Separation can be pursued on the ground of adultery or sexual infidelity. This grants a legal decree to separate households and property, though the marriage bond remains.

7.3. If the Concern Is Punishing Adultery Criminally

The aggrieved spouse can file a criminal case against the unfaithful spouse (and the paramour). Evidence of actual intimate relations is critical, and the complaint must be filed within the statute of limitations.

8. Practical Tips and Considerations

Gather Evidence Early
If you suspect adultery or have grounds for any court action (whether criminal or civil), gather relevant evidence and consult legal counsel promptly because strict time limits may apply.
Consult a Family Lawyer
Philippine family law can be quite technical. Different couples’ situations vary greatly, and the availability and success of remedies often depend on factual nuances.
Consider the Children’s Welfare
Should there be children, think about custody, support, and the emotional impact. Legal separation or annulment proceedings often involve decisions on child custody and support.
Property Regime Implications
Remember that property accumulated during the marriage (even during de facto separation) generally forms part of the marital property regime unless there is a court-approved legal separation or separation of property.
Explore Mediation Where Possible
Although not always feasible if there is intense conflict, the court or parties may consider mediation to resolve some issues (e.g., custody, support) even if the marriage itself cannot be saved.

9. Key Takeaways

Adultery (or sexual infidelity) is not a direct ground for annulment or nullity of marriage under the Family Code.
De facto separation is also not a ground for annulment, legal separation, or nullity by itself.
Adultery is a ground for legal separation and can also form the basis of a criminal complaint under the Revised Penal Code.
If one wishes to end the marriage permanently, the appropriate course would be a petition for declaration of nullity or an annulment—but must satisfy one of the legally recognized grounds.
Psychological incapacity under Article 36 is sometimes pleaded in cases where adultery or extreme sexual behavior is symptomatic of a deeper psychological disorder. Proof requirements, however, are stringent.

Final Word

In the Philippines, the law on marriage remains strict: adultery and de facto separation are not automatic routes to dissolving or nullifying a marriage. While they can lead to legal separation and potentially criminal charges (for adultery), ending a marriage entirely requires that one of the established legal grounds for annulment or declaration of nullity be met. Anyone facing these marital issues should consult qualified legal counsel to evaluate the facts and ensure the most appropriate legal remedies are pursued.