Dear PAO,

My husband and I met through social media and became a couple after a year. Our relationship was long-distance, as he worked in the United States while I remained in the Philippines. Throughout our time together, he was emotionally distant and avoided physical intimacy, which he attributed to being from a conservative family. After we got married and briefly lived together, his behavior remained unchanged. Later, when he returned to the United States, a family friend sent me a photo showing him holding hands with another man. When confronted, he admitted he is homosexual. I left our home and stopped communicating with him. What legal remedy is available to dissolve our marriage?

JJ

Dear JJ,

Pursuant to the provisions of the Family Code of the Philippines, marriage is defined as a special contract of permanent union between a man and a woman entered into in accordance with law for the purpose of establishing a conjugal and family life. For a marriage to be considered valid, the essential requisites under Article 2 of the Family Code must concur, viz.: (1) the legal capacity of the contracting parties, who must be a male and a female; and (2) consent freely given by the parties in the presence of the solemnizing officer.

As marriage is characterized by its permanent nature, its dissolution may only be effected through a judicial decree of annulment or declaration of nullity, as may be warranted. Under Article 45 of the Family Code, a marriage is voidable and may be annulled if the consent of either party was obtained through fraud, unless such party, with full knowledge of the facts constituting the fraud, subsequently cohabited freely with the other as husband and wife.

Article 46 of the same Code enumerates the specific circumstances which shall constitute fraud sufficient to annul a marriage, including but not limited to the concealment by one party, at the time of the marriage, of drug addiction, habitual alcoholism, homosexuality, or lesbianism. The law explicitly provides that no other misrepresentation or deceit as to character, health, rank, fortune, or chastity shall constitute such fraud as would warrant the annulment of marriage.

In the recent case of Salva-Roldan vs. Roldan, G.R. No. 268109, promulgated on March 3, 2025 and penned by Associate Justice Antonio T. Kho, Jr., the Supreme Court ruled that the fraudulent concealment of homosexuality existing at the time of marriage constitutes a valid ground for annulment. However, the party alleging such fraud must establish the same by a preponderance of evidence, particularly where vitiated consent is claimed to have resulted therefrom.

Applying the foregoing principles to your case, it appears that your husband, through fraudulent concealment of his sexual orientation and deliberate failure to cohabit with you as his wife, misled you into entering the marriage under false pretenses. This deceptive conduct, if proven, may constitute fraud as contemplated under Article 46 of the Family Code and serve as a basis for annulment.

Should you wish to pursue an action for annulment, you may file the corresponding petition before the regional trial court of the province or city where either you or your spouse has been residing for at least six months prior to the filing of the action, pursuant to the Rules of Court.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]