The grounds for annulment of marriage are provided in Article 45 of the Family Code, which reads:
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty one, such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually transmissible disease found to be serious and appears to be incurable.
1. Absence of Parental Consent
The lack of parental consent is a ground to annul a marriage, stated in sub-paragraph (1) of Article 45. This ground is applicable only when either party is between the age of 18 and 21 at the time of marriage. While the lack of parental consent is a ground for annulment, the absence of parental advice is not. [For more discussions, refer to parental consent and parental advice.]
Only the following could seek the annulment of marriage based on this ground: (1) The spouse whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty one; OR (2) The parent or guardian or person having legal charge of the minor, At any time before his/her child reaches the age of twenty one.
2. Insanity
Article 45(2) provides that a marriage may be annulled if either party was of unsound mind. This ground may not be invoked, however, if the party of unsound mind, after coming to reason, freely cohabited with the other as husband and wife. [Refer to Insanity Provisions under the Family Code]
Only the following may file the petition: (1) The sane spouse who had no knowledge of the other’s insanity; by any relative, guardian or person having legal charge of the insane, in both cases at any time before the death of either party; OR (2) The insane spouse, during a lucid interval or after regaining sanity.
3. Fraud
Under Article 45(3), a marriage may be annulled if the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. [Refer to Fraud Provisions under the Family Code]
Only the injured party can file a petition, which must be within five (5 )years after the discovery of the fraud.
4. Force, Intimidation, Undue Influence
Article 45(4) provides that a marriage may be annulled if the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife. [Refer to Force, Intimidation or Undue Influence (Family Code)]
Only the injured party can file the petition, which must be filed within five (5) years from the time of the force, intimidation or undue influence disappeared or ceased.
5. Impotence
Article 45(5) provides that a marriage may be annulled if either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. [Refer to Impotence under the Family Code]
Only the injured party (the one who is not impotent) can file the petition, which must be done within five (5) years after the marriage.
6. Sexually Transmitted Disease (STD)
Article 45(6) provides for annulment when either party was afflicted with a sexually transmissible disease found to be serious and appears to be incurable. [Refer to Sexually Transmitted Disease or STD (Family Code)]
Only the injured party may file the petition, which must be done within five (5) years after the marriage.
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