There is no provision in the Family Code that says “homosexuality” or “sexual orientation” is a ground for annulment. The available grounds are:

• Lack of parental consent (ages 18-21)
• Unsoundness of mind at the time of marriage
• Fraud
• Duress
• Impotence (unknown at the time of marriage)
• Sexually transmissible disease (unknown at the time of marriage)
• Psychological incapacity (Article 36)

If a spouse’s sexual orientation was concealed before marriage, and this concealment amounts to psychological incapacity that makes the spouse unable to fulfill the essential marital obligations, Article 36 may be invoked. The Supreme Court has clarified in several cases that psychological incapacity must be characterized by:

• Gravity — it must be serious, not merely a personality trait
• Juridical antecedence — it must have existed before the marriage
• Incurability — it must be permanent or deeply entrenched

Mere discovery of a spouse’s sexual orientation, without proof that this condition prevented them from understanding and fulfilling marital obligations, will not automatically result in a declaration of nullity.

Philippine courts are careful not to treat sexual orientation itself as a ground for annulment, as this could discriminate against LGBTQ+ individuals. The focus is on the capacity to fulfill marital obligations, not the orientation itself. If the spouse was fully capable of understanding and performing the duties of marriage (such as fidelity, support, cohabitation), then the marriage remains valid regardless of the spouse’s orientation.

Each case is fact-specific. The psychological evaluation must show a connection between the alleged incapacity and the spouse’s inability to comply with the essential marital obligations under the Family Code.