A petition for annulment may be denied for a number of reasons. We’ve already discussed certain defenses, one of which is the expiration of the prescriptive period within which the petition should have been filed. A prescriptive period simply means that the petition based on a particular ground can no longer be filed beyond a given period. Of course, an action based on certain grounds, such as psychological incapacity, minority or other grounds for declaration of nullity, does not prescribe (see difference between annulment and declaration of nullity). Here are the prescriptive periods for each ground, as well as the person who is entitled to file the petition, as provided under Article 47 of the Family Code:
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.
- Who may file: The insane. Time frame: During a lucid interval or after regaining sanity.
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.
- Who may file: The injured party. Time frame: Within five (5 )years after the discovery of the fraud.
4. Force. This covers a marriage where consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife.
- Who can file: The injured party. Time frame: Within five (5) years from the time of the force, intimidation or undue influence disappeared or ceased.
5. Impotence. This is a situation wherein either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable.
- Who can file: The injured party (the one who is not impotent). Time frame: Within five (5) years after the marriage.
6. STD. Either party was afflicted with a sexually transmissible disease (STD) found to be serious and appears to be incurable.
- Who can file: The injured party. Time frame: Within five (5) years after the marriage.
Browse through the comments below to check if your questions are similar to that of others. Other common issues are consolidated in Part I, Part II, Part III, Part IV, Part V, Costs in seeking an Annulment, and other related posts. You can check the Related Posts at the bottom of each post.