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Article 45. A marriage may be Article 55.

A petition for legal The following are some of


annulled for any of the separation may be filed on the irregularities which do
following causes, existing at any of the following grounds: not affect the validity of a
the time of the marriage: marriage:
1. Repeated physical violence
1) That the party in whose or grossly abusive conduct 1) absence of two witnesses
behalf it is sought to have the directed against the of legal age during the
marriage annulled was petitioner, a common child, marriage ceremony (Meister
eighteen years of age or over or a child of the petitioner; u. Moore, 96 US 76, 24 US L.
but below twenty-one, and Ed. 826);
the marriage was solemnized 2. Physical violence or moral
without the consent of the pressure to compel the 2) absence of a marriage
parents, guardian or person petitioner to change religious certificate (People v. Janssen,
having substitute parental or political affiliation; 54 Phil. 176);
authority over the party, in
that order, unless after 3. Attempt of respondent to 3) marriage solemnized in a
attaining the age of twenty- corrupt or induce the place other than publicly in
one, such party freely petitioner, a common child, the chambers of the judge or
cohabited with the other and or a child of the petitioner, to in open court, in church,
both lived together as engage in prostitution, or chapel, or temple, or in the
husband and wife; connivance in such office of the consul-general,
corruption or inducement; consul, or vice-consul;
2) That either party was of
unsound mind, unless such 4. Final judgment sentencing 4) issuance of marriage
party after coming to reason, the respondent tolicense in city or municipality
freely cohabited with the imprisonment of more than not the residence of either of
other as husband and wife; six years, even if pardoned; the contracting parties
(Alcantara v. Alcantara, G.R.
3) That the consent of either 5. Drug addiction or habitual No. 167746, August 28, 2007,
party was obtained by fraud, alcoholism of the 531 SCRA 446);
unless such party afterwards, respondent;
with full knowledge of the 5) unsworn application for a
facts constituting the fraud, 6. Lesbianism or marriage license;
freely cohabited with the homosexuality of the respon-
other as husband and wife; dent; 6) failure of the contracting
parties to present original
4) That the consent of either 7. Contracting by the birth certificate or baptismal
party was obtained by force, respondent of a subsequent certificate to the local civil
intimidation or undue bigamous marriage, whether registrar who likewise failed
influence, unless the same in the Philippines or abroad; to ask for the same;
having disappeared or
ceased, such party thereafter 8. Sexual infidelity or 7) failure of the contracting
freely cohabited with the perversion; parties between the ages of
other as husband and wife eighteen and twenty-one to
9. Attempt by the respondent exhibit consent of parents or
5) That either party was against the life of the persons having legal charge
physically incapable of petitioner; or of them to the local civil
consummating the marriage registrar;
with the other, and such 10. Abandonment of
incapacity continues and petitioner by respondent 8) failure of the contracting
appears to be incurable; or without justifiable cause for parties between the ages of
more than one year. For twenty-one to twenty-five to
6) That either party was purposes of this Article, the exhibit advice of parents to
afflicted with a sexually term "child" shall include a local civil registrar;
transmissible disease found child by nature or by
to be serious and appears to adoption. (97a) 9) failure to undergo
be incurable. (85a) marriage counseling;

10) failure of the local civil


registrar to post the required
notices;

11) issuance of marriage


license despite absence of
publication or prior to the
completion of the 10-day
period for publication
(Alcantara U. Alcantara, G.R.
No. 167746, August 28, 2007,
531 SCRA 446);

12) failure of the contracting


parties to pay the prescribed
fees for the marriage license;

13) failure of the person


solemnizing the marriage to
send copies of the marriage
certificate to the local civil
registrar (Madridejos U. De
Leon, 55 Phil. 1); and

14) failure of the local civil


registrar to enter the
applications for marriage
licenses filed with him in the
registry book in the order in
which they were received.

SUMMARIZED VERSION: (SOURCE: GOOGLE)


GROUNDS FOR ANNULMENT:

1. psychological
incapacity
2. fraud
3. lack of parental
consent
4. impotence
5. sexually
transmitted
disease, or if
6. one party was
already legally
married at the
time of the
marriage.

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