Quick answer

One of the grounds for annulment of a voidable marriage is that either party was, at the time of the marriage, physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. This ground refers to impotence, the physical inability to perform the sexual act, not to infertility. The requisites are: first, the incapacity to consummate (to engage in sexual intercourse) existed at the time of the celebration of the marriage; second, it is permanent and continues; and third, it appears to be incurable. A crucial distinction is between impotence and sterility: impotence is the incapacity to copulate (to perform the sexual act), while sterility is merely the inability to procreate or bear children despite being able to have intercourse. Only impotence, not sterility, is a ground for annulment; a spouse who can perform the sexual act but cannot have children is not impotent for annulment purposes. Jurisprudence recognizes the doctrine of triennial cohabitation: if the wife remains a virgin after living with the husband for three years, there arises a presumption that the husband is impotent, and the burden shifts to him to overcome it. The incapacity must generally be relative to the specific spouse or absolute, and the party seeking annulment must not be the one who is impotent (a party cannot generally use their own impotence to annul). The action to annul on this ground is generally brought within the prescriptive period the law provides, and unlike some other grounds, impotence existing and continuing does not lend itself to ratification by cohabitation. So annulment for impotence requires an incurable physical incapacity to consummate the marriage that existed at the time of the marriage, distinct from mere sterility.

The Ground

Annulment lies where a party was, at the time of marriage, physically incapable of consummating the marriage, and the incapacity continues and appears incurable — that is, impotence.

The Requisites

Impotence vs. Sterility

Impotence is the inability to perform the sexual act (a ground). Sterility is merely the inability to have children despite being able to copulate (not a ground). The triennial cohabitation doctrine presumes impotence if the wife stays a virgin after three years of cohabitation.

Practical Takeaways

Frequently Asked Questions

What is the ground of impotence for annulment? That either party was, at the time of the marriage, physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable.

Is being unable to have children a ground for annulment? No. Sterility, the inability to procreate despite being able to have intercourse, is not a ground. Only impotence, the physical incapacity to perform the sexual act, is a ground for annulment.

What is the doctrine of triennial cohabitation? That if the wife remains a virgin after living with the husband for three years, a presumption arises that the husband is impotent, shifting the burden to him to overcome the presumption.

Can a spouse annul based on their own impotence? Generally no. The party seeking annulment on the ground of impotence must not be the one who is impotent; a party cannot ordinarily use their own impotence to annul the marriage.

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.