5. Either party was a sexual impotent or physically incapable of engaging in sexualintercourse and such incapacity continues and appears to be incurable. You can filethe Petition WITHIN five (5) years AFTER marriage. 6. Either party was afflicted with a sexually-transmissible disease found to beserious and appears to be incurable. You can also file the Petition within five (5)years after marriage.
What are the kinds of fraud which constitute the ground for annulment?GTALAW:
The kinds of fraud that will give ground for annulment are as follows:1. Non-disclosure of a previous conviction by final judgment of the other party of acrime involving moral turpitude;2. Concealment by the wife of the fact that at the time of the marriage, she waspregnant by a man other than her husband;3. Concealment of sexually transmissible disease, regardless of its nature, existingat the time of the marriage; or4. Concealment of drug addiction, habitual alcoholism or homosexuality orlesbianism existing at the time of the marriage.
My wife fooled me into marrying her. Prior to our marriage, she told methat she is a doctor and no sexual experience After our marriage, I foundout the truth that she is not what she claims to be. Can I file a Petition forannulment on the ground of fraud?GTALAW:
We truly understand your feelings but misrepresentation or deceit as tocharacter, health, rank, fortune or chastity do not constitute fraud as ground forannulment. Perhaps, you can explore the possibility to declare your marriage voidon other grounds such as the psychological incapacity under Article 36 of the FamilyCode.
Where can I file the Petition for Annulment?GTALAW:
You can only file the Petition for Annulment in the place of yourresidence or the place of residence of your husband or wife.
I would like to file the Petition in Cebu but I do not have residence thereyet. My husband is not also living there. But I will be acceptinga job as call center manager in Cebu a month from now. Can I file thePetition in Cebu?GTALAW:
Yes, you can file the Petition in Cebu but you have to establish residencein Cebu for a period of at least six (6) months prior to the filing of the Petition. Thiscan be arranged because you will be relocating there for your new job assignment.