Short answer. Yes. Article 46 of the Family Code expressly includes concealment of homosexuality or lesbianism existing at the time of the marriage as a form of fraud that makes the marriage annullable. The condition must have pre-existed the wedding and must have been deliberately hidden from the other party.
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 →
Article 46 and its closed list of fraud grounds
Article 46 of the Family Code defines fraud for annulment purposes and does so through a closed, exclusive list. It ends by stating that no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud. This means the grounds are exactly what the article says — no more, no less. Concealment of homosexuality or lesbianism is item number four on that list, placed alongside drug addiction and habitual alcoholism. The legislature made a deliberate decision to include it.
What must be shown: prior existence and active concealment
Two elements are essential. The homosexuality or lesbianism must have existed at the time of the marriage — this is not a ground for situations where a spouse's orientation became apparent only years after the wedding. And it must have been concealed: if you knew before you married and went ahead anyway, the fraud element is absent. The ground targets the person who knew and deliberately withheld the information, depriving the other party of the chance to give truly informed consent to the union.
Distinguishing this ground from psychological incapacity
Some marriages involving a spouse's undisclosed homosexuality are addressed not through the fraud ground but through psychological incapacity — a separate basis under Article 36 of the Family Code for a declaration of nullity rather than annulment. The two grounds are legally distinct. Fraud under Article 46 leads to annulment of a valid marriage; psychological incapacity under Article 36 leads to a declaration of nullity of a void marriage. The facts of your case — particularly what your spouse knew and concealed — determine which ground, if any, fits.
Practical considerations for filing
If you believe your spouse concealed homosexuality or lesbianism before the marriage, document what you know and when you learned it. Evidence may include communications, admissions, or testimony from people who knew. The annulment petition is filed with the Family Court. Timing matters: annulment based on fraud generally must be filed within a limited period after the fraud is discovered, not after it has been condoned. A lawyer can assess whether the specific facts in your case meet the standard of Article 46 and advise on next steps.
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 →