Professional Documents
Culture Documents
I. There is No Divorce Law yet in the Philippines. But a Divorce Decree may be
Judicial Recognized:
As of this time, the Philippines have yet to have a law allowing divorce, unlike
in other countries. As such, divorce is not allowed in the Philippines, although a
divorce decree obtained abroad by a qualified citizen may have an effect in the
Philippines through Judicial Recognition of a Foreign Divorce.
(NOTE: Prescriptive period simply means that the petition based on a particular
ground can no longer be filed beyond a given period.)
1. Lack of legal capacity to marry - Where either or both of the parties are of
legal ageThose contracted by any party below eighteen years of age even
with the consent of parents or guardians;
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: The spouse whose parent or guardian did not give
his or her consent.
Time frame: Within five years after attaining the age of twenty one (21).
Who may file: The parent or guardian or person having legal charge of the
minor.
Time frame: 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: The sane spouse who had no knowledge of the other’s
insanity; by any relative, guardian or person having legal charge of the
insane.
Time frame: Any time before the death of either party.
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. 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: The injured party.
Time frame: Within five (5 )years after the discovery of the fraud.
Article 55 of the Family Code provides that a petition for legal separation may
be filed on any of the following grounds:
Note: The discussions made herein are very brief and based are based on Civil Code of the
Philippines. For queries and questions, it is best to consult your lawyers.