Short answer. Yes. Article 46 of the Family Code expressly lists concealment of drug addiction existing at the time of the marriage as fraud that grounds an annulment. The addiction must have existed before the wedding and must have been actively hidden — it is not enough that your spouse later developed the problem.
What the law says
Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage
Family Code, Article 46 — What Constitutes Fraud. Read the full provision →
What the law says about fraud in marriage
Article 46 of the Family Code lists the only forms of fraud that can support an annulment. The list is short and exclusive — the article ends with a reminder that no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud. This means you cannot use fraud as a ground simply because your spouse lied about money, social status, or past relationships. But the four items on the list are fully recognised grounds, and concealment of drug addiction is one of them.
The two requirements: existence and concealment
To succeed on this ground, you need to show two things. First, the drug addiction must have existed at the time of the marriage — not developed afterward. A spouse who became addicted after the wedding presents a different problem, but not this annulment ground. Second, the spouse must have concealed it — actively hidden it. If you knew about the addiction before you married, you cannot later claim you were defrauded. The fraud is in the non-disclosure, not in the addiction itself.
Why the law treats this as serious
Drug addiction is grouped with habitual alcoholism and concealment of a sexually transmissible disease — conditions that directly affect the health of the household, the capacity to function as a spouse and parent, and the financial stability of the marriage. The legislature included them because a person who knowingly hides such a condition before the wedding deprives the other party of the information needed to make a free and informed decision to marry. The fraud is not just a personal injury; it goes to the foundation of consent.
What this means for your situation
If your spouse concealed a drug addiction before your wedding and you did not know at the time, you may have grounds for annulment under Article 46. The evidence that will matter includes medical records or rehabilitation records showing the addiction pre-dated the marriage, testimony from people who knew about it before the wedding, and any communications where the spouse denied or hid the problem. The annulment action is filed before the Family Court. A lawyer can assess whether your facts meet the statutory standard and guide you through the petition process.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Republic of the Philippines vs. Melvin T. Villacorta, G.R. No. 249953, June 23, 2021 — read the decision on LawPhil →
- Republic of the Philippines vs. Liberty D. Albios, G.R. No. 198780, October 16, 2013 — read the decision on LawPhil →