Supreme Court voids marriage over husband's concealed homosexuality, cites fraud

Filipino Times

15-07-2025

The Supreme Court (SC) of the Philippines has nullified a marriage after determining that the husband's concealment of his homosexuality from his wife constituted fraud, a valid basis for annulment.
In a decision issued by the SC Second Division, the Court emphasized that marriage is a special and permanent union between a man and a woman, founded on mutual trust and the establishment of a family life. Under Article 45 of the Family Code, a marriage may be annulled if consent was obtained through fraud — including the deliberate hiding of one's sexual orientation.
The case involved a couple who met online while the man was working in Saudi Arabia. They developed a relationship over social media and eventually met in person during the man's vacation in the Philippines in 2012. They later got married, though the woman noticed red flags early on, including his refusal to hold hands, kiss, or sit beside her. When questioned, the man claimed he was just shy.
Despite being married, the husband continued to avoid physical intimacy and frequently argued to create distance. Two months after their wedding, he left again for overseas work and cut off communication entirely. In 2015, the woman discovered magazines containing images of scantily clad or nude male models among his belongings. When she confronted him, the man admitted to being homosexual. The woman then returned to her parents and filed for annulment.
Both the Regional Trial Court and the Court of Appeals initially denied her petition. However, the Supreme Court reversed those decisions, ruling that the wife had successfully proven — through a preponderance of evidence — that her husband intentionally hid his sexual orientation before the marriage.
The SC noted that Article 45 explicitly includes concealment of homosexuality as an act of fraud sufficient to annul a marriage, particularly when the couple did not continue living together after the deception was uncovered.
In its decision, the Court pointed out that the man misled his wife into believing he was heterosexual and willing to fulfill the obligations of married life. 'With the lies and deception, coupled with their failure to cohabit as husband and wife, it is evident that [the man] merely tricked [the woman] to marry him,' the decision read.
The Court further emphasized the significance of the man's confession and his silence throughout the proceedings. '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,' it added.
The ruling, penned by Associate Justice Antonio Kho Jr., was promulgated in March 2025 and made public in July.