زوج ترتيبه الأول والداه وإخوته ويُظهر انفصالًا عاطفيًا

Hello po. Thank you for sharing your situation. Based on the facts you stated, allow me to clarify this carefully under Philippine law.

First, annulment or declaration of nullity is not granted because of infidelity, prioritizing parents or siblings, or marital neglect per se. Acts such as emotional detachment, flirting, video/audio calls with third parties, or even economic and verbal abuse may constitute marital misconduct, but they are not automatic grounds for annulment.

What may be legally viable, however, is a Petition for Declaration of Nullity of Marriage under Article 36 (Psychological Incapacity) of the Family Code, if and only if it can be established that:

Your husband was psychologically incapacitated at the time of the marriage, and

This incapacity is grave, medically or clinically rooted, incurable or enduring, and

It rendered him incapable of assuming essential marital obligations, such as fidelity, emotional support, cohabitation, and financial responsibility.

The circumstances you mentioned—

• immediate separation three days after marriage


• persistent emotional detachment


• continued emotional/sexual involvement with other women even shortly after the wedding


• consistent prioritization of parents and siblings over the marital union


• emotional, verbal, and economic abuse


• lack of support during your medical condition (miscarriage and hydrosalpinx)

—may be relevant indicators, but they must be legally reframed as manifestations of a pre-existing psychological condition, not merely as bad behavior that occurred after marriage.

Importantly, evidence such as recordings, messages, and timelines are supporting proof, but they are not sufficient on their own. A proper case requires:

A detailed psychological evaluation (usually of the petitioner, and constructively of the respondent),

Careful legal mapping of facts to Article 36 jurisprudence (e.g., gravity, antecedence, incurability), and

Strategic presentation to withstand court and Office of the Solicitor General (OSG) scrutiny.

Separately, the abuse you described may give rise to other legal remedies, such as relief under RA 9262 (VAWC), independent of annulment, depending on the evidence.

Because annulment is high-risk if improperly framed, I strongly recommend a confidential legal and case-strategy consultation before filing anything.

Respectfully,

Attorney Lillian Roque

Family Law Practitioner