Dear Attorney,

I hope this message finds you well. I am writing to seek your advice regarding a pressing matter in my marriage. I have been married for several years, but my husband has been unfaithful on multiple occasions. This situation has caused me significant emotional pain and has severely affected our relationship. I am considering pursuing legal action to annul our marriage.

Can my husband’s infidelity serve as a ground for annulment under Philippine law? If not, are there any other legal remedies I can explore? I want to understand my rights and the best course of action to resolve this matter.

Sincerely,
A Troubled Spouse

The Legal Framework for Annulment in the Philippines: Exploring Infidelity as a Ground

Under Philippine law, annulment of marriage is governed primarily by the Family Code of the Philippines. Annulment is a legal remedy that seeks to declare a marriage voidable based on specific grounds that exist at the time of marriage. In contrast, infidelity, or extramarital affairs occurring during the marriage, is typically considered under other legal remedies such as legal separation or civil actions for damages.

To address whether infidelity is a sufficient ground for annulment, it is essential to examine the law and consider alternative remedies that may be available to aggrieved spouses.

Grounds for Annulment under the Family Code

The grounds for annulment of marriage are explicitly stated in the Family Code of the Philippines, and they generally pertain to conditions existing at the time of the marriage. These grounds include:

Lack of Parental Consent (Article 45[1]): If one of the parties was between the ages of 18 and 21 at the time of marriage and did not secure parental consent.
Psychological Incapacity (Article 36): This refers to a party's incapacity to fulfill the essential marital obligations due to psychological or personality disorders existing before and during the marriage.
Fraud (Article 45[3]): If the marriage was consented to under circumstances of deceit or misrepresentation.
Force, Intimidation, or Undue Influence (Article 45[4]): If a party was compelled to marry under duress or coercion.
Impotence (Article 45[5]): If one of the parties was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable.
Sexually Transmitted Diseases (Article 45[6]): If one party had a sexually transmissible disease found to be serious and incurable at the time of marriage.

Infidelity is not among the enumerated grounds for annulment. Thus, the existence of extramarital affairs during the marriage does not directly qualify as a basis for declaring a marriage voidable.

Alternative Remedies for Infidelity

While infidelity is not a ground for annulment, Philippine law provides other remedies for a spouse seeking to address such misconduct. These remedies include:

1. Legal Separation (Article 55, Family Code)

Legal separation is a judicial decree allowing spouses to live separately while maintaining their marital bond. The grounds for legal separation include infidelity or sexual infidelity, which is defined as the spouse’s commission of adultery or concubinage. To succeed in filing for legal separation, the aggrieved spouse must provide evidence of the infidelity and initiate the action within the prescribed five-year period from the discovery of the offense.

2. Filing a Criminal Case for Concubinage or Adultery (Revised Penal Code)

Adultery applies when a wife has voluntary sexual relations with a man other than her husband. Only the husband may file the case.
Concubinage applies when a husband cohabits with a mistress in the conjugal home or engages in scandalous relationships elsewhere. The wife may file this case against her husband and his mistress.

These criminal cases require strict evidence of the act, and the filing spouse must be prepared for the public scrutiny that often accompanies such cases.

3. Civil Actions for Moral and Exemplary Damages

Under the Civil Code of the Philippines, the aggrieved spouse may seek damages for the emotional and psychological harm caused by the infidelity. While this remedy does not dissolve the marriage, it provides a form of redress for the pain and suffering inflicted.

4. Declaration of Nullity of Marriage (Article 36, Family Code)

If the infidelity is a manifestation of psychological incapacity that existed before and during the marriage, it may serve as evidence supporting a petition for the nullity of marriage under Article 36. Psychological incapacity must be proven through expert testimony and psychiatric evaluation.

Requirements for Pursuing an Annulment or Legal Remedy

Each remedy involves specific procedural and evidentiary requirements:

Petition Filing: A verified petition must be filed in the appropriate family court.
Evidence Presentation: Substantiating claims through witness testimony, documents, and expert opinions is critical.
Legal Representation: Engaging a competent lawyer is crucial to navigate the complexities of the legal process.

Challenges and Considerations

Pursuing legal action based on marital issues, including infidelity, presents several challenges:

Burden of Proof: Legal remedies like annulment and legal separation require robust evidence.
Emotional and Financial Costs: The process can be taxing and may prolong emotional distress.
Impact on Children: Courts consider the welfare of children in resolving marital disputes.

Despite these challenges, seeking legal recourse may provide closure and protect the rights of the aggrieved spouse.

Conclusion

Infidelity alone does not constitute a ground for annulment in the Philippines. However, legal remedies such as legal separation, criminal prosecution for concubinage or adultery, and civil actions for damages provide avenues for addressing the consequences of extramarital affairs. If psychological incapacity underpins the infidelity, it may serve as a basis for nullifying the marriage.

To achieve the best outcome, consulting with a family law expert is essential. A thorough legal strategy tailored to the specific circumstances of the case will help ensure that justice is served and the rights of the aggrieved party are upheld.