As often the case, we come across really interesting topics from the discussions in this blog. We get to write separate posts for these topics whenever we have spare time. For instance, someone asked: “Puede po bang gamitin ang sex scandal ng asawa as a ground for annulment?” This is interesting and timely because of the proliferation of sex videos and sex scandals freely floating around the web.
So, may the innocent spouse use a sex scandal as a ground for annulment? Before we proceed, allow me to reiterate that this topic deals with mature/sensitive topic so minors must not read any further.
Let’s note that a sex scandal can have different variations. It could be done by a husband/wife with another sex (related to adultery, concubinage and sexual infidelity) or by a spouse with the same gender (lesbianism or homosexuality, like in the TV show My Husband’s Lover). There’s sexual perversion, but let’s not go there.
If we look at the grounds for annulment (see Grounds for Annulment of Marriage), sex scandal (whether in the context of adultery, concubinage, sexual infidelity, sexual perversion, lesbianism, homosexuality) is definitely not included in the enumeration. By itself, sex scandal is NOT a ground for annulment. It may be a ground for legal separation (see Annulment, Divorce and Legal Separation in the Philippines), but it’s not a ground for annulment. However, sex scandal may be a manifestation of psychological incapacity, which is a ground to declare the marriage void from the very beginning. See separate discussion on psychological incapacity.