Title I — Marriage
Article 46
ELI5— what this means for you
Not all lies count as 'fraud' for annulment. The law specifically says fraud exists only if: the other party concealed a prior conviction for a crime involving moral turpitude; concealed pregnancy by another man; concealed a sexually transmissible disease; or concealed a drug addiction, habitual alcoholism, homosexuality, or lesbianism. Misrepresenting your wealth, job, or family background is NOT fraud under this article.
Key point
Art. 46 is an exhaustive list — only these four types of concealment qualify as 'fraud' for annulment.
Official text — EO 209
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. (86a)
Source: lawphil.net (EO 209 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.