^pwede po pa elaborate on what are those grounds?
It depends. There are so many grounds for the dismissal of your annulment case.
These are the grounds for annulment and the defenses (grounds for dismissal)
1. Lack of parental consent. You were 18yo but below 21yo at the time of marriage, but there was no parental consent, your marriage may be annulled on that ground. However, if upon reaching the age of 21, you freely cohabited with your husband and both lived together as husband and wife, the case will be dismissed.
2. Insanity. I at the time of marriage, either party was of unsound mind (insane), the marriage may be annulled. But if the defense was able to prove that such insane party after coming to reason, freely cohabited with the other as husband and wife, the annulment case will be dismissed.
3. Fraud. The consent of either party in the marriage was obtained by fraud. What is FRAUD?
It includes:
a.) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
(b.) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
(c.) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or
(d.) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
This is now the ground for DISMISSAL of your annulment case ---> If such party (ikaw na naloko), with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife.
4. Force, intimidation or undue influence. If the consent of either party in the marriage was obtained by any of these means (i.e., pinikot, pinwersa, tinakot, etc. para pakasalan sya), the marriage may be annuled.
Ground for dismissal? In cases where the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. It must appear to be INCURABLE, otherwise, the annulment case will be dismissed.
Take note, impotence is different from being infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. Take note, it must be SERIOUS and appears to be INCURABLE, otherwise, the case will be dismissed.
What if you are married already and you were afflicted with STD by your husband like "tulo" only, and it's curable? It is NOT a ground for annulment. The law says it must appear to be incurable.
If the STD is not serious or is curable, it may still constitute fraud. See no. 3 above. (Your consent was obtained by fraud).
