Below is a comprehensive legal article on the annulment process in the Philippines, specifically discussing marital discord, adultery, and how these factors interact within Philippine law. This article is intended for general informational purposes and should not be considered a substitute for personalized legal advice.

I. Introduction

The Philippines is unique for being one of the only countries in the world (along with Vatican City) that does not offer absolute divorce for the majority of its citizens. As a result, couples experiencing irreconcilable differences or marital discord often resort to annulment or legal separation, with some seeking a declaration of nullity of their marriage if the grounds fit.

Understanding the various legal remedies, especially in cases where adultery and marital discord are present, is crucial for any spouse considering terminating or distancing themselves from a troubled marital relationship.

II. Key Concepts: Annulment, Declaration of Nullity, and Legal Separation

A. Annulment

Annulment under the Family Code of the Philippines refers to a legal process by which a valid marriage can be voided due to specific “defects” that existed at the time of the marriage. Once granted, an annulment treats the marriage as though it never existed from the time the court’s decision becomes final. However, until and unless the court issues a final judgment, the marriage is still considered valid.

Common grounds for annulment (Article 45, Family Code) include:

Lack of parental consent (for marriages of those between 18 and 21 years old, if no proper consent was obtained).
Psychological incapacity – While technically listed under “declaration of nullity” (Article 36) rather than annulment, it is often colloquially referred to as “annulment by psychological incapacity.”
Fraud – One party deceived the other into marriage (e.g., hiding pregnancy by another man, concealment of sexually transmitted disease, etc.).
Force, intimidation, or undue influence – One spouse was forced or coerced to give consent.
Impotence – One spouse was physically incapable of consummating the marriage.
Sexually-transmitted disease – If serious and seemingly incurable, and it was concealed at the time of marriage.

Note: Adultery or mere marital discord by itself is not listed as a direct ground for annulment.

B. Declaration of Nullity of Marriage

A declaration of nullity applies to marriages that are void from the start (void ab initio), meaning they never had legal effect from the very beginning. Common grounds under the Family Code include:

Psychological incapacity (Article 36).
Lack of authority of the solemnizing officer.
Bigamous or polygamous marriages.
Underage marriage (below 18 years old).
Incestuous marriages and those against public policy.

When a court declares a marriage void, it is as if the marriage never existed legally in the first place.

C. Legal Separation

Legal separation is another remedy wherein the spouses remain legally married but are permitted by court order to live separately from each other. This often involves the separation of property and the cessation of spousal obligations like cohabitation. Grounds for legal separation (Article 55, Family Code) include:

Repeated physical violence or grossly abusive conduct.
Physical violence to compel the spouse to change religious or political affiliation.
Attempt to corrupt or induce the spouse to engage in prostitution.
Sentencing of imprisonment of more than six years (even if pardoned).
Drug addiction or habitual alcoholism.
Homosexuality or lesbianism.
Bigamy.
Sexual infidelity (adultery or concubinage).
Attempt on the life of the other spouse.
Abandonment without justifiable cause for more than one year.

Adultery in the Context of These Remedies

Adultery is classified as a criminal offense under the Revised Penal Code. It can be a ground for legal separation but not by itself a ground for annulment or declaration of nullity.
Adultery or marital infidelity, however, could factor into a psychological incapacity claim if it demonstrates a spouse’s inherent inability to fulfill essential marital obligations, but it is rarely sufficient on its own without deeper psychological evidence.

III. Marital Discord and Annulment: Misconceptions and Realities

Marital discord (constant fighting, incompatibility, irreconcilable differences) is not a standalone legal ground for annulment in the Philippines.
If the “discord” stems from a condition that can meet the threshold of “psychological incapacity,” it may be possible to file a petition for declaration of nullity based on Article 36 (psychological incapacity). This requires expert testimony and evidence proving one or both spouses are psychologically incapacitated to comply with essential marital obligations.

IV. Adultery in Philippine Law

A. Criminal Nature of Adultery

Under Article 333 of the Revised Penal Code:

A married woman who has sexual intercourse with a man not her husband can be charged with adultery.
The man who has sexual intercourse with a married woman, knowing her to be married, can also be charged.

Prosecution requires strict proof, often including documentary evidence (e.g., hotel receipts, eyewitness accounts, photos) showing actual sexual congress.

B. Impact on Civil Cases

Adultery can be a ground for:

Legal separation: If proven in court, the innocent spouse may be allowed to separate and have separate property regimes.
Damages in civil cases: If the adultery caused emotional suffering, the aggrieved spouse may seek moral damages in certain circumstances.

However, adultery alone:

Is not a ground for annulment.
Does not automatically terminate a marriage unless combined with grounds for declaration of nullity or if used as evidence of psychological incapacity.

V. Step-by-Step Annulment Process in the Philippines

When marital discord—whether caused by adultery or other factors—reaches a point where one spouse seeks legal recourse to end the marriage, the annulment (or declaration of nullity) process typically follows these steps:

Consultation with a Lawyer
- The lawyer evaluates the facts and determines the most appropriate legal remedy (annulment, declaration of nullity, or legal separation).
- Gathering evidence is crucial (affidavits, medical or psychological evaluations, witnesses, documents).
Preparation and Filing of the Petition
- A verified petition is filed in the Regional Trial Court (Family Court) of the province or city where the petitioner or respondent has been residing for at least six months prior to filing or where the petitioner has been residing for at least six months if the respondent is out of the country.
- The petition states the facts, grounds, and evidence to support the requested annulment or declaration of nullity.
Payment of Docket Fees
- The cost varies depending on the court and the nature of the claim. Attorney’s fees are separate and can vary widely.
Summons and Answer
- The respondent (other spouse) is served a summons along with a copy of the petition, who then has a set period to file an answer or response.
Pre-Trial Conference
- The judge will encourage the parties to reach an agreement on incidental matters such as custody, support, and property arrangement.
- If no settlement is possible (especially on the main issue of nullity), the case proceeds to trial.
Trial Proper
- The petitioner presents evidence, including testimonies of witnesses, psychologists/psychiatrists (in psychological incapacity cases), and documentary evidence.
- The Office of the Solicitor General (OSG), through the public prosecutor, participates to ensure that there is no collusion and that the evidence supports a valid ground.
Decision by the Court
- If the court finds the grounds sufficient, it issues a decision granting annulment or declaring the marriage void.
- If the court rules against the petitioner, the marriage remains valid.
Finality of Judgment and Registration
- There is a 15-day period to appeal. If no appeal is filed, the decision becomes final.
- The final decree is registered with the Local Civil Registrar and the Philippine Statistics Authority (PSA) to update civil status records.

VI. Effects of Annulment or Declaration of Nullity

Status of Marriage
- The parties may remarry once the judgment becomes final and is duly registered.
Property Relations
- The court will order liquidation of the conjugal or community property, if any.
- Properties acquired during the marriage will be divided according to the property regime in place (Conjugal Partnership of Gains or Absolute Community of Property, depending on what was in effect at the time of marriage).
Child Custody and Support
- The court will determine custody based on the children’s best interests. Generally, children under seven years of age are placed under the mother’s custody unless compelling reasons suggest otherwise.
- Both parents remain obligated to provide financial support.
Legitimacy of Children
- Children born or conceived during a marriage annulled or declared void (except those under bigamous or incestuous marriages) generally retain their status as legitimate.
Succession Rights
- An annulment or declaration of nullity affects spousal inheritance rights. Upon finality, ex-spouses can no longer inherit from one another as compulsory heirs (except for their children).

VII. Common Questions

1. Can adultery or marital discord be a sole basis to get an annulment?

No. Adultery is a criminal offense and may be used as a basis for legal separation, not annulment. Marital discord or irreconcilable differences, by itself, is also not a ground for annulment under Philippine law. Only specific grounds enumerated in the Family Code allow an annulment or declaration of nullity.

2. How does adultery factor into a “psychological incapacity” case?

Adultery may serve as evidence of a spouse’s psychological incapacity if it reflects a deeper incapacity to fulfill essential marital obligations (e.g., repeated, compulsive infidelity signifying a psychological condition). However, the Supreme Court has consistently required strict proof that the incapacity is psychological in nature, grave, and incurable.

3. Will I need to testify or present evidence in court?

Yes. Annulment and nullity cases generally require the petitioner to testify, present witnesses, and substantiate claims with documentary or expert evidence (psychological reports, for instance). The OSG/prosecutor is also involved to prevent collusion between parties.

4. What about the timeline and costs?

Annulment and declaration of nullity cases in the Philippines can be expensive and lengthy. The process can range from one year to several years, depending on the complexity, court docket, availability of the OSG/prosecutor, and whether the other party is cooperative or contests the petition.

VIII. Conclusion

While the Philippines maintains strict regulations on ending a marriage, annulment (or declaration of nullity) is a legal pathway for spouses who meet the specific grounds laid out in law. Marital discord or adultery alone does not automatically dissolve a marriage. Adultery can, however, support a petition for legal separation or, in certain rare scenarios, contribute to a successful claim of psychological incapacity if it forms part of a broader pattern indicating a spouse’s inherent inability to fulfill marital obligations.

Given the complexity of annulment and related proceedings, any spouse contemplating legal recourse is strongly advised to consult with a qualified family law attorney. Each case is unique, and an experienced lawyer can help navigate procedural hurdles, gather the necessary evidence, and represent your interests effectively in court.

Disclaimer

This article is meant for general guidance and does not constitute legal advice. For specific concerns or case assessment, please consult with a licensed attorney in the Philippines.