I have been married for so many years to my husband and and have 3 adult children now and have their own family. In 2023 i found out that he is a gay through his workmate. I try to talk to my husband asking him if how true that he is a gay and he answered that it is true. I said to him that I will file annulment case for our marriage and he said that he will just cooperate with the annulment case because he accept that he is a gay. My question is, can I file an annulment case for my gay husband? I need an advice first
弁護士の回答
Recososa Law Firm
Oct 27, 2025
Oct 27, 2025
Hello: Yes, you may file a petition for annulment of marriage under Philippine law if your husband was psychologically incapacitated to fulfill the essential marital obligations at the time of marriage — and his sexual orientation may be a relevant circumstance in proving such incapacity.
Under Article 36 of the Family Code of the Philippines, a marriage may be declared void if one spouse was psychologically incapacitated to comply with the essential marital obligations. This psychological incapacity must a.) exist at the time of the celebration of marriage, b.) be grave and serious, and c.) be incurable or permanent in nature.
In your case, the fact that your husband admitted being gay does not, by itself, automatically invalidate the marriage. Homosexuality alone is not a ground for annulment. However, if it can be shown that his homosexuality existed even before your marriage, and that it rendered him incapable of performing his duties as a husband (for instance, inability to maintain a genuine marital relationship, affection, or intimacy), it may fall under psychological incapacity as interpreted in landmark Supreme Court cases like Republic v. Molina and Marcos v. Marcos.
What you will need to do is a.) consult a lawyer who can assess if your husband’s situation meets the threshold of psychological incapacity, b.) secure supporting evidence such as testimonies or psychological evaluation, and c.) file the petition before the Regional Trial Court (Family Court) where you or your husband resides.
We at Recososa Law Firm handle numerous annulment cases throughout the Philippines. We have offices in Luzon, Visayas and Mindanao, and we can schedule an initial consultation via Google Meet/Zoom call or a physical meeting at our office.
If this answer has helped you understand your rights better, I hope it is not too much to ask to like and share our pages below. It truly inspires us to continue offering free legal guidance here:
Please take a time to leave us a review here in LAWZANA too.
Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner/Managing Partner
Recososa Law Firm
Under Article 36 of the Family Code of the Philippines, a marriage may be declared void if one spouse was psychologically incapacitated to comply with the essential marital obligations. This psychological incapacity must a.) exist at the time of the celebration of marriage, b.) be grave and serious, and c.) be incurable or permanent in nature.
In your case, the fact that your husband admitted being gay does not, by itself, automatically invalidate the marriage. Homosexuality alone is not a ground for annulment. However, if it can be shown that his homosexuality existed even before your marriage, and that it rendered him incapable of performing his duties as a husband (for instance, inability to maintain a genuine marital relationship, affection, or intimacy), it may fall under psychological incapacity as interpreted in landmark Supreme Court cases like Republic v. Molina and Marcos v. Marcos.
What you will need to do is a.) consult a lawyer who can assess if your husband’s situation meets the threshold of psychological incapacity, b.) secure supporting evidence such as testimonies or psychological evaluation, and c.) file the petition before the Regional Trial Court (Family Court) where you or your husband resides.
We at Recososa Law Firm handle numerous annulment cases throughout the Philippines. We have offices in Luzon, Visayas and Mindanao, and we can schedule an initial consultation via Google Meet/Zoom call or a physical meeting at our office.
If this answer has helped you understand your rights better, I hope it is not too much to ask to like and share our pages below. It truly inspires us to continue offering free legal guidance here:
Please take a time to leave us a review here in LAWZANA too.
Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner/Managing Partner
Recososa Law Firm
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