Mutual desire to nullify marriage not 'collusion' - SC

A mutual desire to end a marriage, by itself, could not be considered grounds for collusion in a petition for annulment, according to the Supreme Court (SC).

In a decision issued Thursday, the SC Third Division overturned a Regional Trial Court (RTC) ruling that rejected an annulment petition due to alleged collusion between the husband and wife.

The wife lodged the petition to declare their marriage void before the RTC due to her husband's alleged failure to fulfill his marital duties because of physical, psychological, and economic abuse, which began even before their marriage.

Her husband did not file an answer and did not object, prompting the RTC to direct an investigation for possible collusion or a secret agreement between spouses to fake or misrepresent facts to nullify their marriage.

While prosecutors said there was none, the lower court dismissed the annulment petition due to a lack of sufficient evidence for psychological incapacity.

For its part, the SC said that a mutual desire to end the marriage does not automatically mean collusion. The lack of objection is not the same as a secret scheme to mislead the court, it added.

"Without proof that the spouses faked evidence or suppressed valid defenses, collusion cannot be established," the SC said. —LDF, GMA News