Hiding one’s homosexuality ground for annulment – SC

MANILA, Philippines — The Supreme Court (SC) has ruled that concealing one’s homosexuality from a spouse before and during the marriage can be considered fraud and may be used as a ground for annulment.

In a decision penned by Associate Justice Antonio Kho Jr., the SC’s Second Division ruled that both parties must give their free and informed consent for a marriage to be valid.

Under Article 45 of the Family Code, a marriage can be annulled if one party’s consent was obtained through fraud, as long as the couple did not continue living together after discovering the deception.

The same provision specifies that hiding one’s homosexuality or lesbianism from a spouse is considered fraud.

The SC’s ruling stemmed from a case of a wife who sought to annul her marriage.

She said her consent to the union was based on fraud since her husband had concealed his homosexuality.

The couple met on social media and kept a long-distance relationship, with the husband working abroad.

The wife noted a consistent lack of intimacy and emotional distance from her partner, starting from their first date when the man did not kiss her or even hold her hand.

He also avoided sitting beside her during meals or while commuting. The man had dismissed this as shyness and lack of confidence.

After their wedding, they lived together briefly, but he continued to avoid intimacy and often started arguments to avoid being close to her.

He returned abroad just two months into the marriage and stopped communication, only sending a message on their first wedding anniversary.

The woman found magazines with half-naked and naked male models among her husband’s belongings. When she confronted him, he admitted he was a homosexual, prompting the woman to leave their home and pursue annulment.

The SC ruled that the woman’s consent to the marriage was obtained through fraud. Since she left her spouse after discovering his deceit, the high court granted the annulment.