Disclaimer: I am not a lawyer, and the information provided here is for general informational purposes only. Philippine family law is complex, and legal proceedings vary on a case-by-case basis. You should seek the advice of a qualified attorney in the Philippines for guidance specific to your situation.

1. Understanding “Void” vs. “Voidable” (Annulment) Marriages

In the Philippines, not all marriages that might seem invalid can be declared void outright. Under the Family Code of the Philippines, there is a distinction between:

Void marriages (those considered never to have existed from the beginning).
Voidable or annullable marriages (those valid until annulled by a court).

If you are seeking to end a marriage specifically because of “fraud” or certain kinds of “misconduct,” you generally look at the grounds for annulment (voidable marriage) rather than the grounds for a declaration of nullity (void marriage).

Common Grounds for a Declaration of Nullity (Void Marriages)

No marriage license or absence of an essential/formal requisite (Article 35).
Psychological incapacity (Article 36).
Incestuous marriages (Article 37).
Bigamous or polygamous marriages (Article 35(4)).
Marriages against public policy (Article 38).

Common Grounds for Annulment (Voidable Marriages)

Under Articles 45 and 46 of the Family Code, the grounds for annulment include:

Lack of parental consent (if one was aged 18-21 at the time of marriage).
Insanity (existing at the time of marriage).
Fraud (specific instances of concealment or deception).
Force, intimidation, or undue influence.
Physical incapacity to consummate the marriage.
Sexually transmissible disease found to be serious and incurable.

Because you mentioned spousal fraud or misconduct, you will likely be dealing with the annulment (voidable) process. Fraud is explicitly recognized as a ground for annulment under Article 45(3), subject to the definitions and limits set by Article 46.

2. Fraud as a Ground for Annulment

Article 46 of the Family Code specifies certain types of fraud that can be used as a ground for annulment, including but not limited to:

Non-disclosure of a previous conviction by final judgment of a crime involving moral turpitude.
Concealment by the wife of the fact that she was pregnant by another man at the time of the marriage.
Concealment of a sexually transmissible disease, regardless of nature or seriousness, existing at the time of marriage.
Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage.

Important: Not all forms of “misconduct” or deception automatically qualify as legal fraud. You must show that the fraud falls within one of these categories or is of a similar nature that legally voids consent at the time of marriage.

3. Steps in Filing an Annulment Case Based on Fraud

Consult a Lawyer:
- Because annulment procedures in the Philippines can be lengthy and complex, it is crucial to consult an attorney who specializes in family law. They will assess whether your situation fits the legal definition of fraud under Article 46.
Gather Evidence:
- Collect all available evidence that proves the specific act of fraud or concealment. This might include medical records, communication records, sworn statements from witnesses, or any other documents showing that your spouse misrepresented or concealed something material before the marriage.
Draft and File the Petition:
- Your lawyer will prepare a Petition for Annulment detailing the facts of your case, the specific ground (i.e., fraud), and the reliefs you seek (e.g., custody, property settlement, etc.).
- The petition is filed with the Regional Trial Court (Family Court) of the province or city where you or your spouse has resided for at least six (6) months prior to filing, or where you and your spouse last resided together.
Payment of Filing Fees:
- Pay the necessary filing fees at the court. The amount may vary depending on your location and the nature of the case.
Court Proceedings and Investigation:
- After the court accepts your petition, it will issue summons to your spouse. They may file an answer or a counter-petition.
- There is typically a pre-trial and then trial proper, where you must present evidence and witnesses to prove the fraud.
- The Office of the Solicitor General (OSG) or the public prosecutor is usually directed by the court to ensure there is no collusion (i.e., that you and your spouse are not simply faking the grounds to get the marriage annulled).
Decision and Decree of Annulment:
- If the judge rules in your favor, the court issues a Decree of Annulment declaring your marriage voidable and annulled based on fraud.
- The court’s decision must become final. Afterward, the Local Civil Registrar (and the Philippine Statistics Authority, PSA) will annotate your marriage certificate.

4. Effects of an Annulment

Once an annulment is granted, the marriage is treated as though it never existed (but is distinguished legally from void marriages, which were invalid from the start).
Property Relations: The court will also decide on the liquidation of the conjugal/absolute community property and other related financial matters.
Child Custody and Support: If there are children, the judgment may set out custody and support arrangements.
Use of Surname: The wife typically has the option to revert to her maiden name.

5. Practical Tips

Act Promptly:
- There is a five-year prescriptive period for filing an annulment case from the time the fraud was discovered. Make sure you file within this period. (Check with your lawyer to confirm how the time applies in your case.)
Be Prepared for a Long Process:
- Annulment cases in the Philippines can take a year or more, depending on the court’s schedule, the cooperation of the parties, and the complexity of the evidence.
Document Everything Thoroughly:
- Courts rely heavily on documentary evidence and credible testimony. Detailed records and credible witnesses help prove fraud more convincingly.
Explore Other Legal Remedies:
- If you cannot meet the legal definition of fraud under Article 46, but there is “misconduct” that makes living together unbearable, consult your lawyer about legal separation or other legal remedies. However, be aware that legal separation does not end the marriage bond.
Avoid Misrepresentation:
- The court and the Office of the Solicitor General will look carefully for signs of collusion. Being transparent and honest in your claims will help maintain credibility.

6. Consult a Qualified Attorney

Given the complexity of Philippine marriage laws, it is strongly recommended that you speak with a family lawyer who has handled annulment cases. They can:

Assess whether your situation clearly falls under the recognized grounds for fraud.
Guide you on how to collect and present evidence effectively.
Represent you throughout the court proceedings and ensure compliance with procedural rules.

Key Takeaway

In the Philippines, “fraud” is primarily a ground for annulment (making the marriage voidable), not for a direct declaration of nullity (void ab initio), unless the fraud also leads to a circumstance that makes the marriage inherently void (which is less common).
Proving fraud means fitting your case within the specific categories defined by the Family Code.
The court process can be lengthy, so early legal consultation and thorough preparation are essential.

References & Further Reading

Family Code of the Philippines (Executive Order No. 209), as amended by R.A. 8533.
Supreme Court rulings on annulment and declaration of nullity of marriages (e.g., Republic v. Molina [for psychological incapacity guidelines], among others).
Office of the Solicitor General website (for information on their role in annulment cases).

Again, please consult a licensed Philippine attorney for personalized legal advice regarding your specific case.