Maaaring maging batayan sa pagpapawalang-bisa ng kasal ang pagtago ng sekswalidad

ni Atty. Persida Rueda-Acosta @Magtanong Kay Attorney | December 12, 2025

Dear Chief Acosta,

Isang taon matapos naming makasal ay may nadiskubre ako sa sekswalidad ng asawa ko. Nang kumprontahin ko siya, inamin naman niya ito. Noon ko napagtanto na ito pala ang dahilan kung bakit  ayaw niyang makipagtalik at lagi siyang may dahilan upang makaiwas dito. Kaugnay nito, maaari bang mapawalang-bisa ang aming kasal?

– Paris

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Dear Paris,

         Ang kasal ay isang espesyal na kontrata ng permanenteng pagsasama sa pagitan ng isang lalaki at isang babae, alinsunod sa batas para sa pagtatatag ng buhay pampamilya. Upang maging wasto, dapat malayang ibigay ang consent o pahintulot ng magkabilang panig. Kaya, maaaring mapawalang-bisa ang kasal kapag ang pahintulot o pagpayag ng isang partido ay nakuha sa pamamagitan ng panloloko o panlilinlang ng kabilang partido, tulad ng pagtatago ng kanyang homosexuality o ang romantikong atraksyon o pagkagusto sa kaparehas na kasarian. Ang mga sumusunod ang nauugnay na bahagi ng ating Family Code:

“Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: 

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; 

Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article: 

(4) Concealment of homosexuality or lesbianism existing at the time of the marriage.”

         Kaugnay nito, tinalakay ng ating Kagalang-galang na Korte Suprema sa kasong Jaaziel M. Salva-Roldan vs. Lory O. Roldan and Republic of the Philippines, G.R. No. 268109, 03 Marso 2025, sa panulat ni Honorable Associate Justice Antonio T. Kho, Jr., na ang mapanlinlang na pagtatago ng homosexuality ay maaaring maging batayan para mapawalang-bisa ang kasal:

“To be sure, in Almelor v. RTC Las Piñas, the Court stressed that it is the concealment of homosexuality constitutive of fraud that serves as a valid ground to annul a marriage. The allegation of vitiated consent, particularly the concealment of homosexuality in this case, must be proven by preponderance of evidence.

Jaaziel was able to prove by the evidentiary threshold of preponderance of evidence the fact that Lory fraudulently concealed his homosexuality from her, thereby vitiating her consent to enter into a marriage with him.

First, Lory admitted to Jaaziel that he is homosexual. Jaaziel found magazines depicting half-naked or naked men in Lory’s belongings. Lory’s admission only shows that Lory waited for their marriage before confessing his homosexuality. In fact, had it not been due to the discovery of the magazines, Lory would have continuously defrauded Jaaziel until this day.

Second, Francisco’s observation as to the lack of intimacy and affection between Jaaziel and Lory bolster’s Lory’s homosexuality. 

Third, Jaaziel was led to believe that Lory is someone who he is not at the onset of their relationship. Lory refused to talk about his behavior during their first date. Lory, pursued Jaaziel until they became sweethearts. During their first date, Jaaziel noticed Lory’s behavior which was unusual for a guy who meets his girlfriend for the first time. As described by Jaaziel, she felt Lory’s distance and lack of intimacy towards her. This led Jaaziel to confront Lory, but Lory only confessed his timidity and lack of confidence. Evidently, Lory deliberately concealed his homosexuality to convince Jaaziel to stay in the relationship, and later to marry Lory.

Fourth, Lory refused or looked for an excuse to evade intimacy with Jaaziel. Jaaziel and Lory had an unusual honeymoon as Lory would prefer to spend his time alone or to talk about anything, but their married life and sexual intimacy. Worse, just two months after their wedding Lory went back to Saudi Arabia and stopped communicating with Jaaziel. It thus appears that Lory’s actions towards Jaaziel were done with the intent of keeping the latter in the dark about Lory’s sexuality.

With the lies and deception, coupled by their failure to cohabit as husband and wife, it is evident that Lory merely tricked Jaaziel to marry him by making her believe that he is a heterosexual. The admission of Lory and the unexplained prolonged silence to negate the allegation as to his homosexuality cannot be taken lightly by the Court. 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. x x x the totality of Jaaziel’s evidence should be properly given weight, and thus, should be considered sufficient as against Lory’s eerie silence on this matter. Hence, their marriage must be annulled on the ground of fraudulent concealment of homosexuality pursuant to Article 45(3) in relation to Article 46(4) of the Family Code.”

         Alinsunod dito, kung maipapakita na mapanlinlang na itinago sa iyo ng iyong asawa ang kanyang homosekswalidad upang ikaw ay pumayag kang magpakasal sa kanya, maaari itong maging batayan upang maipawalang-bisa ang inyong kasal.

Sana ay nabigyan namin ng linaw ang iyong katanungan. Ang payong aming ibinigay ay base lamang sa mga impormasyon na iyong inilahad at maaaring magbago kung mababawasan o madaragdagan ang mga detalye ng iyong salaysay.

Maraming salamat sa iyong patuloy na pagtitiwala.