A petition for annulment may be denied for a number of reasons (see Grounds for Annulment of Marriage). We’ve already discussed certain defenses, one of which is the expiration of the prescriptive period within which the petition should have been filed. A prescriptive period simply means that the petition based on a particular ground can no longer be filed beyond a given period. Of course, an action based on certain grounds, such as psychological incapacity, minority or other grounds for declaration of nullity, does not prescribe (see difference between annulment and declaration of nullity). Here are the prescriptive periods for each ground, as well as the person who is entitled to file the petition, as provided under Article 47 of the Family Code:
1. NO PARENTAL CONSENT
This covers anyone who was eighteen (18) or over, but below twenty-one (21) at the time of marriage, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party.
| Who may file the action | Time frame |
| The spouse whose parent or guardian did not give his or her consent. | Within five years after attaining the age of twenty one (21). |
| 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 (21). |
2. INSANITY
This means either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband and wife.
| Who may file | Time frame |
| The sane spouse who had no knowledge of the other’s insanity; by any relative, guardian or person having legal charge of the insane. | Any time before the death of either party. |
| The insane spouse. | During a lucid interval or after regaining sanity. |
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.
| Who may file | Time frame |
| The injured party. | Within five (5 )years after the discovery of the fraud. |
4. FORCE
This covers a marriage where 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.
| Who can file | Time frame |
| The injured party. | Within five (5) years from the time of the force, intimidation or undue influence disappeared or ceased. |
5. IMPOTENCE
This is a situation wherein either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable.
| Who can file | Time frame |
| The injured party (the one who is not impotent). | Within five (5) years after the marriage. |
6. SEXUALLY-TRANSMITTED DISEASE (STD)
Either party was afflicted with a sexually transmissible disease (STD) found to be serious and appears to be incurable.
| Who can file | Time frame |
| The injured party. | Within five (5) years after the marriage. |
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Browse through the comments below to check if your questions are similar to that of others. Other common issues are consolidated in Part I, Part II, Part III, Part IV, Part V, Costs in seeking an Annulment, and other related posts. You can check the Related Posts at the bottom of each post.
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Dear Atty,
I was married in year 2001 and got pregnant the same year.After 3 years his mother wants him to go to japan(his sister is leaving there).June 2003 he lives with a tourism visa(for 2 weeks)and i was pregnant with our 2nd child.The first 9 mos. was good we have a communication and the financial support.When my youngest turns 1 year old the communication was gone and the financial support.Now my youngest child is turning 5 years old.I just want to ask you sir if what are my legal rights for the custody of my children?What if one day he appears and get my children to me?My eldest is already 8 years old.What about our marriage is it considered abandoned? Please help me.Thank You.
Sincerely Yours,
lyledarci
Dear Atty,
I have the same dilemma as others have. I want to know how will be the process of annulment. I am currently living in Tokyo. I got married when I was 19 yrs. we have a son and they are together. They leFt me here in tokyo and she follow her dreams to live in usa. In short she chose usa and leave me here in tokyo. Now we are separated for 4 years and I decided to annul our marriage because it is not working anymore.
Please advise.. I don’t mind to go back to phil and meet you and clear out m marriage.
Please help
Dear Atty.,
I am 29 and have a boyfriend who is separated from his wife for 7 years, technically speaking, they’re still married (civil marriage). The wife is abroad and just recently their two kids joined her there. The wife is happily in relationship too with a foreigner. She and my bf are already into working on their annulment. We all just want to start anew, much to me and my bf who are also planning to start life a together. How long will it take (the fastest) and how much will it cost? Thanks.
Dear Atty,
Good day!!! My boyfriend who is separated from his wife has already filed a annulement case. they were married at the church. if the the said case will be granted…can i and my bf be married at the church? thank you and More power
Dear Atty,
Thank God I found this site and I pray you will be able to help me with my queries regarding my annulment case.
I filed my annulment 2008 as NONE APPEARANCE before I went back working in Thailand as a caregiver..the following year, it was declared ”annuled” BUT the problem arise when I was about to register it in the place (Florida Blanca, Pamp) where I had my ”church wedding”, when the Civil Registrar said he cannot register it because only the ”church wedding” was annuled and nothing was declared/stated about my ”civil wedding”..he said, there should be a decision on both rights (church and civil)..
I went back to the person whom I entrusted the filing of my case and she said because I did not submit any evidence about my civil marriage..Granted, that I did not submit..In the first place, she did not tell me to do so and though I did not submit any legal papers, there was an attachment INFO on the side of my ”Marriage Contract”stating there that I was married in civil rights on this date and year…so why then, they did not see this?…I was asked to submit all legal papers regarding my civil wedding..After I complied with all the necessary requirements,she submitted it again in RTC Branch 7 in Paniqui, Tarlac for ammendment but I was told that I will have to wait because the Judge is on vacation that time..I waited, ok ! but up to this time, I got NO ANSWER..The last time I talked to the person I entrusted my case, she said I was the cause of the delay and that she wanted me to go personally in Paniqui to inquire because she was busy herself..WHY, ME?..i don’t even know anyone there, besides, I entrusted her to work on it ..I paid everything she asked me to pay and this is what I got…I waited for the longest time..I have been separated for 10 yrs now and I believe I have the right for my own happiness since my x husband already has his own family with 3 grown up kids in which his eldest was even older than my youngest daughter, only to prove that he was already having an affair even during our own marriage.
Please help me ATTY..I am no longer working and I was just an ordinary servant of God in JIL..I spent almost my earnings to get my annulment and until now I haven’t got my case done..I will appreciate your kind office in whatever help you can extend to me.
Thanks and Godbless….Mench
Dear atty,
Hi i am may and i got married year1996 i was a 4th year college student that time. We had a rape case filed and the defendant’s family made a settlement which is to get us married so that case be closed. I was very much confused of the situation that time and the ceremony happened in manila city hall. I was in astate of shock and unstable mind since it was just agreed by my mom and the defendant mother. We never cohabit since the day of the marriage till now. My civil status since and till now is single. How can i be able to have an annulment? Please i need help.
Dear Atty,
I want to seek an advice regarding my case, it was 2009 when my ex-husband filed for annulment.we were convinced by the lawyer that the case will just take a year. The problems was during the case process hindi umattend ang ex-husband ko until one day he got a result na ang case was rejected. Was it the reason kung bakit nareject? or was it lawyers fault? Then i heard also na hindi na sya pwedeng mag file?and that means, ako na ang mag aayos. If so, what would be the best thing to do po kasi i’m working abroad and gusto ko na rin matpos, kaso ayoko naman umuwi often para makattend lang ng hearing kasi magastos din sa part ko yun.
I hope you can help and thank you in advance.
good am atty.,
my problem is,…me and my husband separated for 6 months, coz he is abroad and i am here in the philippines,.i heard a lot of rumors that he is involved in other woman but i didnt bother,..until such time that he was already giving me less allowance than im expecting,..its getting smaller and smaller,..i asked him…are having an affair??? of coursed he denied,.. i test him,..”ok since your not trusting me here together w/ your daughter it will be better if we both get separated”,..he replied “ok,.kung yan ang gusto mo”,. i was shocked but i tried calm down accept whatever we’re dealing with,. untill finally he went back in the philippines,.. it took almost a month to arranged everything,. but now he is starting to do things that i really dont like,…he screw up my things,.. like my bag my cellphone,.all of my things…he is not trusting me again,.and im sick and tired adjusting myself…while he dosnt bother that i am already irritated of what he is doing,.
i want to get separated by him,. what are the grounds that can be apply here,..and what are my rights for getting separated,.
im looking forward to your answer atty. tnx
Dear Atty,
Good evening,I just want to ask regarding to my case with my canadian husband.I was married when I was 18 yrs old last july 2007, b4 we got married he told me he got vasectomy but it is just reversible and when we wants kids he can go to Dr.and fix it back but right after our civil wedding he told me /asked me if I can learn to love the baby if we will just adopt what I heard was not so nice to me as I want to have my own kids but then I still accepted the fact as I have nothing to do as were already married.The following month after we got married he went back to his county and never comeback ever since then.He supported me here financially until last May 2010.I tried to contact him but I don’t hear anything from him until now.Am now 23 yrs old and I can’t live a life like this for the rest of my life.Please help me what should I do or what ground I can use to file an annulment against him.Thank you!
Sincerly yours,
LEN
hi! my marriage license was issued week after my 18th birth day, and i was married the day after my 18th birth day… can this be used to file a annulment???(for example: my birthday is nov. 26 my marriage license issued nov,19 and ive got married nov.27)…
I am hoping to hear some expertly adviced and answers regarding this matter. thank you!
sincerely,
mrs.D
Hi,
Im erica 27, i just got married last year of january, our relationship is not good before we got married,in short there is no love at all. We where just married because of our parents decision. Our marriage was really unplanned and in fact we just process our papers for 1 week before we where arranged for marriage. Now after 4 days of being married, i went out of the country which is in Malaysia to work as OFW. Ever since i stepped in Malaysia we started fighting, and we are really not in good terms, and after that-no communication at all. I was told that he went in Morocco to work also as OFW. Our marriage is totally messed up and we really dont want to continue this any more. Can you advice me what to do?