Supreme Court: Hiding homosexuality is valid ground for annulment

MANILA, Philippines — The Supreme Court (SC) has ruled that a spouse's concealment of their homosexuality constitutes fraud, providing a valid basis for marriage annulment.

In an eight-page decision promulgated on March 8, the high court's second division annulled the marriage of a woman whose husband had hidden his sexual orientation before their wedding.

The couple, who met on social media, maintained a long-distance relationship. The woman noted the man's constant emotional distance and avoidance of intimacy, which he attributed to shyness. He later became her husband.

After their marriage, the man continued to avoid intimacy and often instigated arguments before returning overseas, eventually cutting off communication.

The truth surfaced when the woman found magazines featuring nude male models among his belongings, prompting his admission of homosexuality.

Devastated, she immediately left their home and returned to her parents, later filing for annulment on the grounds that her consent to the marriage was obtained through fraud.

To support her claim, her father testified that he had also noticed the man’s effeminate behavior.

He described the man as "not romantic" or "man enough," citing instances such as his refusal to pick up the woman after an argument and the absence of typical physical affection between newlyweds, like holding hands or embracing.

The father further attested that in 2015, the woman confided in him about the father’s homosexuality, expressing that it was unacceptable and that she would not have married him had she known the truth.

Despite her testimony and that of her father, the Regional Trial Court and Court of Appeals initially denied her petition, citing a lack of corroborating evidence. 

Supreme Court ruling. The Supreme Court overturned these decisions, granting the annulment.

The high court pointed out that Article 45 of the Family Code allows for annulment due to fraud, with Article 46 specifically citing the concealment of homosexuality as such a ground.

The high court found the husband’s admission and his unexplained silence during the legal proceedings compelling.

“Given the foregoing, the Court is convinced that the allegations of Jaaziel are not mere baseless perception or malicious interpretation of the man’s peculiarities,” the court’s decision read. 

“With the lies and deception, coupled by their failure to cohabit as husband and wife, it is evident that Lory merely tricked the woman’s to marry him by making her believe that he is a heterosexual. The admission of the husband and the unexplained prolonged silence to negate the allegation as to his homosexuality cannot be taken lightly by the Court,” it added.