Query: Can divorce in another country be used as grounds for annulment in the Philippines?

In the Philippines, annulment is a legal process that declares a marriage null and void, as if it never existed. The grounds for annulment are explicitly defined under the Family Code of the Philippines. Here are the legal grounds recognized:

Lack of Parental Consent: If either party was 18 years old but below 21, and the marriage was solemnized without the consent of the parents or guardian, unless after attaining the age of 21, such party freely cohabited with the other and both lived together as husband and wife.
Mental Illness: Either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
Fraud: The consent of either party was obtained by fraud, unless such party with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife.
Force, Intimidation, or Undue Influence: The consent of either party was obtained by force, intimidation, or undue influence, unless the same having disappeared or ceased, such party freely cohabited with the other as husband and wife.
Impotence or Physical Incapability: Either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable.
Sexually Transmissible Disease: Either party was afflicted with a sexually transmissible disease found to be serious and appears to be incurable.

Divorce as Grounds for Annulment

Under Philippine law, divorce obtained in another country does not constitute grounds for annulment. However, if a Filipino citizen obtains a divorce abroad and marries a foreign national, that divorce may be recognized in the Philippines for the purpose of remarriage under specific conditions, primarily under the principle of the recognition of foreign judgments. This recognition, however, does not retroactively nullify the marriage but rather allows the Filipino to remarry.

Nullity of Marriage

Annulment should not be confused with the declaration of nullity of marriage. Nullity of marriage refers to marriages that are void from the beginning due to reasons such as:

Lack of authority of the solemnizing officer
Absence of a marriage license (except in certain cases)
Bigamous or polygamous marriages not falling under Article 41 of the Family Code
Mistake in identity
Incestuous marriages
Marriages void by reason of public policy

Conclusion

To file for an annulment in the Philippines, the grounds must fall within those specified in the Family Code. Divorce from another country, on its own, is not a recognized ground for annulment in the Philippines. Individuals seeking annulment must adhere to the specified legal grounds and processes stipulated under Philippine law.