Dear PAO,

My consent to marry was obtained by fraud because my husband did not disclose his relationship before the marriage with his female best friend. Can our marriage be annulled on the ground of the said non-disclosure?

Maybel

Dear Maybel,

Article 45 (3) of the Family Code of the Philippines (“Family Code”) provides that a marriage may be annulled when the consent of either party was obtained by fraud existing at the time of the marriage, to wit:

“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; xxx” (Emphasis and underscoring added)

Relatedly, Article 46 of the Family Code provides the following circumstances that constitute fraud, to wit:

“Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

“(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

“(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

“(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

“(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

“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.” (Emphasis and underscoring added).

Applying the abovementioned law to the facts you provided, it is clear that non-disclosure of your husband’s relationship with his female best friend before the marriage is not one of the enumerated circumstances that would constitute fraud as a ground for annulment of marriage. Therefore, your marriage cannot be annulled solely on the basis of said non-disclosure.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net