Fraud is one of the grounds for annulment of a voidable marriage, but not every deceit qualifies; the Family Code enumerates the specific kinds of fraud that constitute a ground, and this list is exclusive. Under the law, the fraud that vitiates consent and is a ground for annulment consists only of the following: non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; concealment by the wife of the fact that at the time of the marriage she was pregnant by a man other than her husband; concealment of a sexually transmissible disease, regardless of its nature, existing at the time of the marriage; and concealment of drug addiction, habitual alcoholism, or homosexuality or lesbianism existing at the time of the marriage. Importantly, the law provides that 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; so being deceived about a spouse's wealth, family background, personality, feelings, or general character is not fraud for annulment purposes. The party seeking annulment on the ground of fraud must not have known of the fraud before the marriage, and the action must be filed within five years from the discovery of the fraud. Crucially, the ground is subject to ratification: the marriage is validated (and can no longer be annulled) if the deceived party, with full knowledge of the fraud, freely cohabited with the other as husband and wife. So annulment for fraud is available only for the specific kinds of concealment the law lists, not for general deceit, and it must be filed within five years of discovery and is barred by free cohabitation after learning of the fraud.
Only Specific Fraud Counts
Fraud is a ground for annulment of a voidable marriage, but only the specific kinds the Family Code lists — the list is exclusive.
The Enumerated Kinds
- Non-disclosure of a prior conviction of a crime involving moral turpitude;
- Concealment by the wife of a pregnancy by another man;
- Concealment of an STD existing at the marriage; and
- Concealment of drug addiction, habitual alcoholism, or homosexuality/lesbianism.
What Does Not Count, and Limits
No other misrepresentation as to character, health, rank, fortune, or chastity is fraud for annulment. File within five years of discovery. The ground is ratified if the deceived party freely cohabited after learning of the fraud.
Practical Takeaways
- Annulment for fraud covers only the listed concealments;
- General deceit (wealth, background, character) does not count;
- File within 5 years of discovery; free cohabitation after ratifies it.
Frequently Asked Questions
What kinds of fraud are grounds for annulment? Only the specific kinds the Family Code lists: non-disclosure of a prior conviction of a crime involving moral turpitude, concealment of a pregnancy by another man, concealment of an STD, and concealment of drug addiction, habitual alcoholism, or homosexuality or lesbianism, all existing at the time of the marriage.
Is being deceived about a spouse's wealth or character fraud? No. The law provides that no misrepresentation or deceit as to character, health, rank, fortune, or chastity constitutes fraud that will give grounds for annulment. Only the enumerated kinds of concealment count.
How long do I have to file for annulment based on fraud? Within five years from the discovery of the fraud. The party must also not have known of the fraud before the marriage.
Can annulment for fraud be barred? Yes. The marriage is ratified and can no longer be annulled if the deceived party, with full knowledge of the fraud, freely cohabited with the other as husband and wife.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.