A marriage is voidable if, at the time of the marriage, either party was afflicted with a sexually transmissible disease found to be serious and apparently incurable. Two elements are essential: the disease must have existed at the time of the marriage (not contracted afterward), and it must be both serious and apparently incurable. This ground can overlap with fraud, because concealing a serious STD at the time of marriage is also a form of fraud that vitiates consent; but the STD ground stands on its own and does not require proof of concealment — the mere existence of the serious, incurable STD at the time of marriage suffices. The action must be brought by the injured party within the prescriptive period the law provides. Where the disease was concealed, the case may be framed under fraud; where it simply existed, it may be framed under this specific ground.
Among the grounds that make a marriage voidable is one that protects a spouse from a hidden health danger: a serious, incurable STD existing at the time of the marriage.
The Ground
A marriage is voidable if, at the time of the marriage, either party was afflicted with a sexually transmissible disease found to be serious and apparently incurable.
The Two Essential Elements
- Existing at the time of the marriage — a disease contracted after the marriage does not qualify; and
- Serious and apparently incurable — a minor or curable condition does not suffice.
Overlap With Fraud
This ground can overlap with fraud. Concealing a serious STD at the time of marriage is itself a form of fraud that vitiates consent. But the STD ground stands on its own — it does not require proof of concealment. The mere existence of the serious, incurable STD at the time of marriage suffices:
- If the disease was concealed, the case may be framed under fraud; while
- If it simply existed, it may be framed under this specific ground.
Deadline
The action must be brought by the injured party within the prescriptive period the law provides — so timing matters, and medical evidence is generally needed.
Practical Takeaways
- A serious, apparently incurable STD existing at the time of marriage makes the marriage voidable;
- The ground does not require concealment — existence is enough (though concealment can also ground fraud);
- Expect the need for medical evidence, and mind the prescriptive period.
Frequently Asked Questions
Is a marriage voidable because of an STD? Yes, if at the time of the marriage either party was afflicted with a sexually transmissible disease found to be serious and apparently incurable.
Does the disease have to exist at the time of marriage? Yes. The serious, apparently incurable STD must have existed at the time of the marriage. A disease contracted afterward does not qualify as this ground.
Is concealment required? No. The STD ground does not require proof of concealment; the mere existence of the serious, incurable STD at the time of marriage suffices. Concealment, however, can also ground annulment for fraud.
How is this different from fraud? Fraud requires concealment or deception that vitiated consent. The STD ground stands on its own based on the disease's existence, though a concealed STD can be pursued under either theory.
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.