CBCP: 22 marriage annulment cases a day filed in PHL in 2010

At least 22 marriage annulment cases a day were filed in the Philippines 2010, the Catholic Bishops' Conference of the Philippines (CBCP) said. Citing figures from the Office of the Solicitor General (OSG), CBCP said the 8,282 marriage annulment cases filed in 2010 was a 40 percent higher compared to the 4,520 cases recorded in 2001. "From 2001, the country had 4,520 cases and 8,282 in 2010. This brings a daily average of at least 22 cases filed every day (in 2010)," the CBCP said in an article posted on its website. Citing a document from the OSG, the CBCP said the most common ground for legal separation or declaration of nullity is psychological incapacity. Psychological incapacity can be found in Article 36 of the Family Code and can be cited as a ground for legal separation or nullity of marriage. The other grounds include lack of authority of the solemnizing officer, bigamous or polygamous marriages and marriages where one or both parties were below the marrying age allowed by law. More women filed for annulment The CBCP noted that more women filed for the annulment of their marriage than men. Of those who filed for annulment, 61 percent were women while only 39 percent were men. Of the women who filed for annulment, around 90 percent were in their 20s while four percent were in their 30s. Among the men who filed for annulment, around 70 percent were in their 20s while 25 percent were in their 30s or 40s filed for annulment. The number of cases filed was smaller for both genders who are in their 40s or 50s. Longer unions, lesser chances of annulment “The study noted the longer the parties are married, the lesser chances of them seeking annulment of their marriage," the CBCP said. Of the marriages that lasted for more than 10 years, only 17 percent opted to have their union annulled. The CBCP also said that of the marriages that lasted for five years or more, only 26 percent ended in an annulment suit. Some 35 percent of married couples filed their annulment case within the first five years of their marriage. Children affected The CBCP said the figures also showed more and more children are affected by the annulment of the marriages of their parents. The CBCP noted that 82 percent of the couples who filed for annulment had children. Among those who had children, 59 percent had at least one or two children, 22 percent had three to four children and 1 percent had five to six children. Bishop: annulment, nullity not the same Retired Lingayen-Dagupan Archbishop Oscar Cruz, who heads the CBCP's National Matrimonial Tribunal, said annulment and nullity are not necessarily the same. Cruz said "nullity" refers to void marriages while "annulment" refers to valid marriages that were declared invalidated. He also said that while the OSG may intervene before trial and appellate courts to “ensure that the interest of the State in the sanctity of marriage is protected." He explained that intervention is not mandatory because the OSG is simply “authorized to intervene" and is even allowed to signify either its “opposition" or “agreement" to a nullity/annulment decision. Cruz noted the OSG is not even mandated to appeal the decision. “That the fact remains that as a matter of fact, nullity/annulment decisions are not contested by the Office of the Solicitor General while collusion therein by the partes in causa is practically the norm," Cruz said. He added when the OSG was before mandated to interview, said marriage cases did not prosper when contested before the Supreme Court specifically under the nullity ground of “psychological incapacity" because the said Court observed Church jurisprudence in its decisions in marriage cases. Cruz called on well-meaning individuals to “check how much money goes into the hands of public officials concerned in the nullity/annulment of marriages, for affirmative reasons." – VVP, GMA News