Hiding One's Homosexuality Ground for Annulment – SC

The Supreme Court (SC) has ruled that concealing one's homosexuality from a spouse before and during the marriage can be considered fraud and may be used as a ground for annulment.

- — Daphne Galvez

In a decision penned by Associate Justice Antonio Kho Jr., the SC's Second Division ruled that both parties must give their free and informed consent for a marriage to be valid.

Under Article 45 of the Family Code, a marriage can be annulled if one party's consent was obtained through fraud, as long as the couple did not continue living together after discovering the deception.

The same provision specifies that hiding one's homosexuality or lesbianism from a spouse is considered fraud.