What are the accepted legal grounds for annulment in the Philippines?
In the Philippines, the annulment of marriage is a legal procedure that voids a marriage based on specific grounds set forth under the Family Code of the Philippines. Annulment is distinct from divorce, which is currently not legal in the country, and from a declaration of nullity, which asserts that the marriage was void from the beginning.
The acceptable grounds for annulment include:
Lack of Parental Consent: If either party was aged 18 to 21 and married without parental consent, the marriage can be annulled.
Psychological Incapacity: This is one of the most commonly cited grounds, involving a situation where one or both parties were psychologically incapacitated to comply with the essential marital obligations at the time of the marriage, continuing to the present.
Fraud: Annulment can be sought if the consent of one party was obtained by fraud. Common examples include deception regarding virginity, fertility, sexually transmissible disease, or a criminal record.
Consent Obtained Under Duress, Intimidation, or Influence of Drugs or Alcohol: If consent was not freely given and was obtained through coercive means, the marriage is subject to annulment.
Impotence or Physical Incapacity: The inability of either party to consummate the marriage, which must be incurable and existing at the time of the marriage.
Serious and Incurable Sexually Transmissible Disease: If either party was afflicted with a serious and incurable sexually transmitted disease at the time of marriage.
It is important to note that the burden of proof lies with the party seeking the annulment. This typically involves providing evidence that convincingly supports the claimed ground for annulment. The process requires a psychological evaluation when citing psychological incapacity, and substantial proof in cases involving fraud or coercion.
Contrary to some misconceptions, there is no "under the table" proof officially recognized or legally acceptable. All evidence must be presented in a court of law and subjected to legal scrutiny. The integrity of the legal process is upheld by requiring transparent and verifiable evidence.
Furthermore, the question assumes a misconception about a unified UN policy or common grounds for annulment, which does not exist. Annulment laws vary significantly across different jurisdictions and are not governed by any United Nations regulations or common international grounds.
Annulment in the Philippines is a complex legal process that seeks to balance the sanctity of marriage with the rights of individuals to dissolve unions that meet stringent legal criteria. Those considering this legal action are advised to consult with a competent attorney who can provide guidance specific to their situation and ensure that all legal protocols are followed diligently.