Home  »  Is adultery a ground for annulment in the Philippines?

Is adultery a ground for annulment in the Philippines?

Infidelity in marriage means having extramarital affairs. If the wife committed the offense, it is called adultery. If the husband committed the offense, it is called concubinage. Both adultery and concubinage are criminal offenses penalized under the Revised Penal Code.

Adultery per se is not a ground for nullity of marriage. For a behavior to become a ground for nullity of marriage, it must come within the meaning of ‘psychological incapacity’.

In Dedel vs. Court of Appeals1, the Supreme Court held that sexual infidelity of a person does not by itself constitute psychological incapacity. It “does not necessarily prove that a person is mentally or physically ill to such an extent that he or she could not have known the obligations of marriage, or knowing them, could not have given valid assumption thereof”.

The court stated that “sexual promiscuity, to be a ground for psychological incapacity must be ‘manifestations’ of a disordered personality which makes the respondent completely unable to discharge the essential obligations of marriage”.

Given the above, the evaluation and professional opinion of a psychologist is necessary to make your case. The psychologist will be able to appraise if the infidelity of the spouse, taking into consideration your unique situation and other relevant circumstances, constitute psychological incapacity, thus, may be a ground for nullity of marriage.

Go back to the main article: How to File Annulment in the Philippines: An Ultimate Guide

 

Reference.

  1. David Dedel v. Court of Appeals and Sharon Corpuz-Dedel a.k.a. Jane Ibrahim, G.R. No. 151867 lawphil.net/judjuris/juri2004/jan2004/gr_151867_2004.html (Supreme Court of the Philippines 2004).

Copyright Notice

All materials contained on this site are protected by the Republic of the Philippines copyright law and may not be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission of filipiknow.net or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright, or other notice from copies of the content. Be warned that we have already reported and helped terminate several websites and YouTube channels for blatantly stealing our content. If you wish to use filipiknow.net content for commercial purposes, such as for content syndication, etc., please contact us at legal(at)filipiknow(dot)net

FILIPIKNOW® is a registered trademark of Edustone Web Content Publishing with Registration No. 4/2019/00504365. All content is © copyrighted.