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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My bf got married year 2001 when he was 14 appearing 25 on fake birth certificate he made done from recto. His ex is 23 then and 5mos pregnant. Falsification was an idea from his ex’s cousin. He accept the idea because he is guilty that he is the father of the child. No ceremony and no parent’s consent from both of them at the time of civil wedding. The girl left him and the baby after one month of giving birth. She return one month before baby’s 1st bday. And leave again after one year. Return again after two years but pregnant from her officemate. Now he is the known father of two daughters. The girl left again. Every time she left she didn’t ask permission as if he is not a husband. My bf can’t remember any good memories from their relationship. She’s not in good terms with his mother (since his father deceased already since civil marriage) and his brothers because of her attitude. The girl decided to work abroad year 2009 until 2015. Since then they have no communication. Every time she call its for the daughters only. He also heard news that his ex cheats on him. He didn’t even know when she is coming back for vacation. They met few times only when his brother told him that his ex’s sister contact him asking permission to see their daughters as his ex’s request. The last time they met was one day of last quarter 2015 due to his ex’s request for his permission to bring their daughters with her into her far province. Of course he did not let it. Now may I ask what is the best ground for annulment in this story? Thank you
Hello there !
i am a mother of 3 grown kids.I’m 16yrs separated to my ex husband whom I marry yr 1985 and got separated year 2000 we had 3kids on my custody.. He doesn’t even give any support to my kids since then and We don’t have communication for 14 yrs. Suddenly he appeared after my kids done with their studies and got a job……..
the worst is he asked from my kids a financial support.’ I’ve no against about this anyways as long as my kids don’t complain about it. All my concern now Is how could i ge t a second chance to be with the one i want to live with for the rest of my life legally…Is it possible that our marriage is void or not valid anymore.. Can I marry again without filing annulment.. Can I have my singleness if ever even not filing annulment? If really needs to file can you give me a person who can help me do this with a short of time..Please I need ur help..Me and my bf want now to get married But, annulment is a bloody thing i’ve known and i want to know if we can afford the cost … I really appreciate all your opinions and help.. Hoping for a sooner response.. Thank you….
PS: Pls send me a response through my private email address…..
Hello-
I married my Filipino husband about 2.5 years ago. Six months into the marriage, he confessed to me about his girlfriend and that the child she was carrying was his, conceived around the time just before the wedding. Before his confession, our plan was for me to work abroad and for him to join me. However, after his confession, he neglected everything and anything to do with me- no birthday, Christmas, New Year, Anniversary greetings, sparse email replies, and no physical contact or meeting for more than two years now. We’ve been separated by my work and his cohabitation with the other woman, now for over two years and have finally decided to officially separate- by divorce as I am a naturalized American citizen.
My question goes back to Article 26 of the FC, where, if I recall correctly, the foreign divorce decree (from the US in this case), would only be recognizable if obtained with the Filipino being the unwilling party and the foreigner being the petitioner. If the Filipino is unwilling, does that mean they are contesting the divorce? My husband has agreed to the divorce because I am paying for it and it’s a much quicker process than the annulment one in the Philippines.
I want be sure that getting the (uncontested) divorce in the US will allow either of us, if registered and approved properly by the Philippine Court, to remarry in the Philippines. A contested divorce would require a longer sojourn in the US which is impossible for me due to my overseas employment. Annulment could literally drag on for years as it may be hard to find grounds for the annulment. I hope you can help me. Thank you very much.
Note: Same as the above comment, please reply to my personal email provided. Thank you.
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