Can I file annulment case with my gay husband?

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.
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ATTY. JOFRE B. RECOSOSA
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Recososa Law Firm