Practice question
Before marriage, one spouse deliberately fails to disclose a previous conviction by final judgment for a crime involving moral turpitude. The other spouse's consent is obtained through that concealment. The injured spouse timely seeks annulment and has not freely cohabited with full knowledge after discovery. Which is correct on the stipulated facts?
- Articles 45(3) and 46(1) identify the stated fraud as an annulment ground.
- Every misstatement about wealth is necessarily the same statutory fraud.
- The conviction must occur only after marriage to qualify.
- The injured spouse's timely action is automatically a private divorce.
- The concealment can never affect marital consent.
Legal references
- Family Code Articles35,40,45–48; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173
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