THE number of annulment cases has gone up by
over 58 percent in the span of just seven years based on
comparative data from the Office of the Solicitor General.
Solicitor General Agnes Deva-nadera said the
figures are alarming, considering that in 2001 there were only
4,520 such cases filed while last year reached a peak of 7,753
cases.
Coming second to 2007 in the most number of
annulment cases filed was the year 2006 with 7,138. Year 2003
was third with 6,848 cases, followed by 2004 with 6,335 cases,
2005 with 5,773, 2002 with 5,250 and 2001 with 4,520 cases.
Given these figures, the average rate of
increase in annulment cases is computed at 15.86 percent from
2001 to 2007.
In 2007, the month of September recorded the
highest number of cases filed at 827, followed by March and July
with 811 and 808 cases, respectively.
In Metro Manila alone, 2,548 cases were filed
between January and September.
"We are disturbed with the surge in the
number of (cases for) annulment of marriage filed," Devanadera
said, adding that the OSG usually opposes any case for annulment
because it is mandated by the Constitution to preserve the
sanctity of family life and to protect and strengthen the family
as a basic autonomous social institution.
She attributed the increase in annulment
cases to the changing norms of society which has become more
tolerant of marital separation and annulment.
The usual ground cited by those seeking to
void their marriage is psychological incapacity which,
Devanadera said, is often an excuse by either party to find a
new partner. The Family Code defines psychological incapacity as
downright inability to take cognizance of and to assume the
basic marital obligations. The Code also obliges that this
condition be medically identified and existing at the time of
the celebration of the marriage to be considered a valid ground
for voiding a marriage.
"It's because society tolerates (separation),
it's now acceptable for couple to be separated. Most say they
are psychologically incapacitated. Pero after annulment, they
get married again. They should be able to discern their
responsibilities under their marriage contracts. These duties
are permanent in nature," Devanadera said.
She said other factors that also contribute
to the dissolution of a marriage are the (in)capacity of the
partners to provide for the family and their social and
emotional upbringing.
While blame may also be placed on the state
for the increase in separation cases, Devanadera said the Church
also has to do something about the problem as it is the children
who become the losers in the end.
Under the Family Code, Filipinos who are not
Muslims can change their marital status through legal
separation, declaration of nullity, and annulment.
A case for annulment applies to a valid
marriage which could be voided for grounds like lack of parental
consent, insanity, fraud, force, intimidation or undue
influence, impotence and sexually transmissible disease.
A "declaration of nullity" of marriage
applies to marriages that are void or invalid from the very
beginning on grounds such as minority, lack of authority of
solemnizing officers, absence of marriage license, bigamous or
polygamous marriages, mistaken identity, incestuous marriages,
void by reason of public policy and psychological incapacity.
In legal separation cases, spouses are still considered
married to each other and not allowed to re-marry. The grounds
for granting legal separation include repeated physical violence
inflicted by one spouse against the other or against a child;
destructive addiction or behavior; and abandonment by a spouse
without justifiable reason for more than a year. -
Evangeline C. de Vera
