Annulment Process Sa Pilipinas
Paano nga ba ang proseso ng annulment sa Pilipinas? Dahil sa walang divorce sa Pilipinas, a lot of Filipinos are having problems filing annulment in this country. Kung magkakaroon na ng divorce sa Pilipinas, siguro singhaba ng tindahan ng bigas ang pipila para magpafile, tama ba ako? Let’s take a walk to the annulment process in the Philippines.
There are things to consider in filing an annulment in the Philippines. Let’s review the grounds for annulment in the Philippines:
1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.
2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
3. Fraud. 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. Fraud includes: (i) non- disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).
Normally, here in the PHilippines only rich personalities can file and pursue an annulment,because they have this two things – MONEY AND INFLUENCE.
It is very important that both parties are very cooperative. I remember watching Vilma Santos and Christopher de Leon movie.Let me share some part of it. Both parties have decided to file an annulment. Si Vilma ang nagsampa ng kaso at ang kanyang dahilan ay ang pagiging PSYCHOLOGICALLY INCAPACITATED ni christopher.The annulment process went through and was successfully annulled. Dahil pelikula, parang napakadali lamang ng process, subalit hindi ganun sa totoong buhay. Pwede niyong panoorin ang pelikula para makakuha kayo ng ideya kung kayo ay may planong magpa annul ng kasal. Same as what Vilma did, being Psychologically Incapacitated o KABALIWAN NG PARTNER is commonly used as a reason in filing an annulment.Ito ang pangalawa sa anim na grounds na makikita sa taas, ang INSANITY.