Hiding homosexuality considered fraud, annulment ground - SC

Metro Manila, Philippines - Hiding a homosexuality from a spouse can be considered fraud and may be a ground for annulment, according to a Supreme Court (SC) decision.

Associate Justice Antonio Kho Jr., in a court ruling promulgated on March 3, said “consent must be freely given by both parties” for a marriage to be valid.

“Thus, a marriage may be annulled when consent was obtained by fraud,” he stated.

The SC decision reversed a Regional Trial Court and the Court of Appeals’ dismissal of a woman’s petition for annulment for lack of sufficient evidence.

The petitioner noted that she met her partner on social media and they became a couple after a year.

The woman recalled that the man appeared distant during their first date. When asked, the man explained he was just shy and lacked confidence. The man worked in Saudi Arabia, resulting in a long-distance relationship. They lived together briefly after they wed.

The respondent admitted about his homosexuality when the woman confronted her after finding magazines with naked male models among his husband’s stuff.

“No woman would put herself in a shameful position if the fact that she married a homosexual was not true. More so, no man would keep silent when his sexuality is being questioned thus creating disgrace in his name,” Kho said.