Becoming Hubby's 'Punching Bag' Not Enough To Annul Marriage

Becoming your husband’s virtual punching bag is not enough to annul your marriage in the Philippines, a member of the Integrated Bar of the Philippines said.

In a legal forum held at the Philippine Consulate in Hong Kong on July 3, lawyer Jennifer Santos said that “repeated physical violence” is not considered a basis for annulment in the Philippines, unless it can be shown that this was a proof of abuser’s “psychological incapacity.”

Saying there are many cases where a wife becomes the victim of domestic violence, Santos added that “if that’s the only reason you have to seek an annulment, you’ll come up short because repeated physical violence is just a ground for legal separation.”

“Legal separation means you’re still married. You cannot remarry but you are not obliged to live together in a single home. So, you’ll come up short,” she said.

While divorce is now being allowed in all the other countries, the Vatican and the Philippines are the only states that don’t allow it. In the Philippines, annulment of marriage is possible but the process can be long and costly.

Santos said one of the limited grounds for annulment is psychological incapacity, which should be certified by an expert. Also, she said sexual infidelity or having children with someone other than one’s spouse is also not a ground for annulment.

“That’s not enough. Sorry. Sexual infidelity is a ground only for legal separation,” she said.

Those willing to proceed with annulment should be able to prove that their spouse’s “psychological incapacity” was already present before they got married.

“(You should be able to prove that) it was existing prior to the celebration of marriage,” Santos said.

“So, it’s like you were already having fights when you were still boyfriend and girlfriend. You had a love-hate relationship but you still got married. Then, it got worse after marriage. Ashtrays started flying or things like that,” she said.

Santos likewise reminded Filipino domestic workers attending in the forum that their husbands cannot force them to have sex or they could be charged with marital rape.