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family code forum

Article 35 of the Family Code provides that the following marriages are void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or gardians!

(") Those solemni#ed by any person not legally athori#ed to perform marriages nless the marriages were

contracted with either or both parties believing in good faith that the solemni#ing officer had the legal athority

to do so!

(3) Those solemni#ed withot license$ e%cept those covered nder the preceding Chapter!

(&) Those bigamos or polygamos marriages not falling nderArticle &1!

(5) Those contracted throgh mista'e of one contracting party as to the identity of the other! and

() Those sbseent marriages that are void nderArticle 53*

What is the famous Article 36 of the Family Code? What is psychological incapacity?

Article 3states that +a marriage contracted by any party who$ at the time of the celebration$ was

psychologically incapacitated to comply with the essential marital obligations of marriage$ shall li'ewise be void

even if sch incapacity becomes manifest only after its solemni#ation*,

The Family Code does not define what +psychological incapacity, is* -t the .preme Cort in several

decisions has clarified what +psychological incapacity, is* /n the case of .antos vs* Cort of Appeals$ the

.preme Cort stated:

0sychological incapacity nder Article 3 of the Family Code is not meant to comprehend all possible cases of

psychoses* /t shold refer$ rather$ to no less than a mental (not physical) incapacity that cases a party to be

trly incognitive of the basic marital covenants that concomitantly mst be assmed and discharged by the

parties to the marriage* sychological incapacity mst be characteri#ed by (a) gravity$ (b) 2ridical antecedence$

and (c) incrability*0

What marriages are considered incestuous and thus void?

arriages between the following are incestos and void from the beginning$ whether the relationship between

the parties be legitimate or illegitimate:

(1) -etween ascendants and descendants of any degree! and

(") -etween brothers and sisters$ whether of the fll or half blood*

What marriages are void by reasons of public policy?

The following marriages are void from the beginning for reasons of pblic policy:

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(1) -etween collateral blood relatives whether legitimate or illegitimate$ p to the forth civil degree!

(") -etween step4parents and step4children!

(3) -etween parents4in4law and children4in4law!

(&) -etween the adopting parent and the adopted child!

(5) -etween the srviving spose of the adopting parent and the adopted child!

() -etween the srviving spose of the adopted child and the adopter!

() -etween an adopted child and a legitimate child of the adopter!

(6) -etween adopted children of the same adopter! and

(7) -etween parties where one$ with the intention to marry the other party$ 'illed his own wife or her own

hsband$ or the other person8s spose*

The Family Code prohibits marriage beteen collateral blood relatives hether legitimate or

illegitimate! up to the fourth civil degree" What does fourth civil degree mean?

For e%ample$ -oy and 9irl are first cosins:

-oys father is A* 9irls mother is -* A and - are brother and sister* From -oy to his father A$ one civil degree*

From A to his parents (-oys grandparents)$ two civil degrees* From the parents down to -$ three* From - to

9irl$ for civil degrees*

-oy and 9irl therefore cannot get married since they are related within for civil degrees*

Who are people related by four civil degrees #and are therefore prohibited from getting married$?

First cosins(as in the e%ample / gave above) are related by for civil degrees* An ncle and a niece (or an

ant and a nephew) are also within for civil degrees*

Can persons ho find out that their marriage is bigamous simply declare by themselves that the

marriage is void?

;o$ they cannot* They mst file a petition as'ing the cort to declare the marriage as void* (Article &

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/n case of disappearance where there is danger of death nder the circmstances stated in Article 371 of the

Civil Code$ an absence of only two years is sfficient*

What step must the present spouse ta&e to get married again?

For the prpose of contracting the sbseent marriage nderArticle &1$ the spose present mst file a

smmary proceeding for the declaration of presmptive death of the absentee*

What happens if the spouse declared presumptively dead reappears later on?

The sbseent marriage is atomatically terminated by the recording of the affidavit of reappearance of the

absent spose$ nless there is a 2dgment annlling the previos marriage or declaring it void ab initio*

A sworn statement of the fact and circmstances of reappearance mst be recorded in the civil registry of the

residence of the parties to the sbseent marriage at the instance of any interested person! de notice mstbe given to the sposes of the sbseent marriage* The fact of reappearance can be dispted in cort*

What are the effects if the subse'uent marriage is terminated?

Article &3provides that the termination of the sbseent marriage prodces the following effects:

(1) The children of the sbseent marriage conceived before its termination arelegitimate!

(") The absolte commnity of propertyor thecon2gal partnership$ as the case may be$ will be dissolved and

liidated$ bt if either or both sposes contracted marriage in bad faith$ their share of the net profits of the

commnity property or con2gal partnership property will be forfeited in favor of the common children or$ if there

are none$ the children of the gilty spose by a previos marriage or in defalt of children$ the innocent spose!

(3)=onations by reason of marriagewill remain valid$ e%cept that if the donee contracted the marriage in bad

faith$ the donations will be revo'ed by operation of law!

(&) The innocent spose may revo'e the designation of the other spose who acted in bad faith as beneficiary

in any insrance policy$ even if the designation is stiplated as irrevocable! and

(5) The spose who contracted the sbseent marriage in bad faith is disalified to inheritfrom the innocent

spose by testate and intestate sccession*

What are the reasons for annulling a marriage?

Republic of the

Philippines vs. Liberty

Albios, G.R. No. 198780,October 16, 2013

Issue:

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consent /as ac)ing andthat /hen marriage /asentered into for a !"r!oseother than theestabishment of a

con4"ga and fami ife,the marriage /as a farce.

ourt of Appeals

affir#s RT ruling

he o"rt of $!!easaffirmed the R r"ingthat the essentia re#"isiteof consent /as ac)ing.he $ stated that $bios

and ringer cear didnot "nderstand the nat"reand conse#"ence ofgetting married and thattheir case /as simiar to amarriage in 4est. It f"rthere&!ained that $bios andringer ne(er intended toenter into the marriagecontract and ne(erintended to i(e as

h"sband and /ife or b"ida fami. It conc"ded thattheir !"r!ose /as!rimari for !ersonagain, that is, for $bios toobtain foreign citi%enshi!,and for ringer, theconsideration of '2,000.

$upre#e ourt rules

that the #arriage is

valid

$bios and ringersmarriage is not (oid abinitio 5from the start andcontin"es to be (aid ands"bsisting.

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onsent /as not ac)ingbet/een $bios andringer. heir consent/as conscio"s and

inteigent as the"nderstood the nat"re andthe beneficia andincon(enientconse#"ences of theirmarriage. heir consent/as free gi(en as beste(idenced b theirconscio"s !"r!ose ofac#"iring $mericanciti%enshi! thro"gh

marriage. "ch !aindemonstrates that the/iing and deiberatecontracted the marriage.

oti(es for entering intoa marriage are (aried andcom!e&. he tate doesnot and cannot dictate onthe )ind of ife that aco"!e chooses to ead.

h"s, marriages enteredinto for other !"r!oses,imited or other/ise, s"chas con(enience,com!anionshi!, mone,stat"s, and tite, !ro(idedthat the com! /ith athe ega re#"isites, aree#"a (aid. +o(e,tho"gh the ideaconsideration in a

marriage contract, is notthe on (aid ca"se formarriage. Otherconsiderations, not!rec"ded b a/, ma(aid s"!!ort amarriage.

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(5) That either party was physically incapable of consmmating the marriage with the other$ and the incapacity

contines and appears to be incrable! or

() That either party was afflicted with a se%ally4transmissible disease fond to be serios and appears to be

incrable*

Article ()! paragraph #3$ spea&s of fraud that may annul a marriage" What constitutes fraud?

Any of the following circmstances constittes frad referred to in ;mber 3 of Article &&:

(1) ;on4disclosre of a previos conviction by final 2dgment of the other party of a crime involving moral

trpitde!

(") Concealment by the wife that at the time of the marriage$ she was pregnant by a man other than her

hsband!

(3) Concealment of se%ally transmissible disease$ regardless of its natre$ e%isting at the time of the marriage!

or

(&) Concealment of drg addiction$ habital alcoholism$ homose%ality$ or lesbianism e%isting at the time of the

marriage*

;o other misrepresentation or deceit as to character$ health$ ran'$ fortne or chastity constittes frad that will

give gronds for the annlment of marriage*

Who can file for the annulment of a marriage and ithin hat periods?

(1) For cases mentioned in nmber 1 of Article &5 by the party whose parent or gardian did not give his or

her consent$ within five years after attaining the age of twenty4one$ or by the parent or gardian or person

having legal charge of the minor$ at any time before the party has reached the age of twenty4one!(") For cases mentioned in nmber " of Article &5$ by the same spose$ who had no 'nowledge of the other

spose8s insanity! or by any relative or gardian or person having legal charge of the insane$ at any time before

the death of either party$ or by the insane spose dring a lcid interval or after regaining sanity!

(3) For cases mentioned in nmber 3 of Article &5$ by the in2red party$ within five years after the discovery of

the frad!

(&) For cases mentioned in nmber & of Article &5$ by the in2red party$ within five years from the time the

force$ intimidation or nde inflence disappeared or ceased!

(5) For cases mentioned in nmber 5 and of Article &5$ by the in2red party$ within five years after themarriage*

What is the duty of the Court in cases of annulment or declaration of nullity of marriages?

Article &6 provides that in all cases of annlment or declaration of absolte nllity of marriage$ the Cort mst

order the prosecting attorney or fiscal assigned to it to appear on behalf of the .tate to ta'e steps to prevent

collsion between the parties and to ta'e care that evidence is not fabricated or sppressed*

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*uring the course of the trial for the annulment or declaration of nullity of marriages! ho can the

rights of the spouses and their children as to support! visitation rights! etc" be ensured?

Article &7provides that dring the pendency of the action and in the absence of adeate provisions in a

written agreement between the sposes$ the Cort mst provide for the spport of the sposes and the cstody

and spport of their common children* The Cort mst give paramont consideration to the moral and material

welfare of the children and their choice of the parent with whom they wish to remain nderTitle />*/t mst also

provide for appropriate visitation rights of the other parent*

What are the things to be decided upon by the Court in cases of annulment or declaration of nullity?

Article 5

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What is the status of the children in these cases?

Article 5& provides that children conceived or born before the 2dgment of annlment or absolte nllity of the

marriage nder Article 3 has become final and e%ectory are legitimate* Children conceived or born of the

sbseent marriage nder Article 53 are also legitimate*

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%('If a !erson gets married /hie his !etition for decarationof n"it of his first marriage is ongoing, can he be charged

/ith bigam*

%)' :"ic)ie marriages "nder $rtice 3; of the ami ode< Is the marriage(oid if the affida(it of marita cohabitation is fase*

%*'+ega essons from the =ris $#"ino > ?ames @a! brea)"!