Hiding sexuality an annulment ground

Dear Atty. Angela,

My husband and I were in a relationship for two years before we married. My family and friends noticed he was a bit effeminate, but I thought he was just shy and respectful. During our relationship, he avoided physical intimacy, which I attributed to his being conservative.

After we got married, we were rarely intimate. He started petty arguments to avoid being close. One day, a friend sent me photos of him hugging and holding hands with another man in a mall parking lot. When I confronted him, he admitted he was homosexual. I felt betrayed and left him. I want to file for annulment. Is there a legal basis for this?

Gela

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Dear Gela,

Yes, there is a legal basis. Under Article 46 of the Family Code, hiding homosexuality from a spouse constitutes fraud, which is a ground for annulment.

Fraud must meet certain criteria: concealment of pregnancy by another man at the time of marriage; concealment of sexually transmissible diseases, drug addiction, habitual alcoholism, or homosexuality; and concealment of a criminal conviction involving moral turpitude.

In Salva-Roldan v. Roldan, G.R. 268109 (2025), the Supreme Court held that concealing one’s homosexuality constitutes fraud that vitiates marital consent.

The Court stated: “For a marriage to be valid, both parties must freely give their consent. Article 45 of the Family Code states that a marriage can be annulled if one party’s consent was obtained through fraud, as long as they did not continue living together after discovery.”

Since your husband intentionally hid his homosexuality and failed to fulfill marital duties, you may file a petition for annulment within five years from discovering the deceit.

Atty. Angela Antonio