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PFRHandouts4-6

The document outlines the legal framework surrounding marriage in the Philippines, emphasizing its status as an inviolable social institution protected by the State. It details the essential and formal requisites for a valid marriage, the differences between marriage and ordinary contracts, and the implications of parental consent and advice. Additionally, it discusses the validity of marriage licenses, exemptions, and the legal considerations for mixed marriages and foreign nationals.
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0% found this document useful (0 votes)
7 views13 pages

PFRHandouts4-6

The document outlines the legal framework surrounding marriage in the Philippines, emphasizing its status as an inviolable social institution protected by the State. It details the essential and formal requisites for a valid marriage, the differences between marriage and ordinary contracts, and the implications of parental consent and advice. Additionally, it discusses the validity of marriage licenses, exemptions, and the legal considerations for mixed marriages and foreign nationals.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Handout No. 4.

Marriage and Requisites It is the foundation of


the family and an
Marriage, as an inviolable social institution, is the foundation of the family and inviolable social
shall be protected by the State. (Article XV, Section 2, 1987 Constitution) institution whose
nature, consequences,
Our Constitution clearly gives value to the sanctity of marriage. Marriage in this and incidents are
jurisdiction is not only a civil contract, but it is a new relation, an institution the governed by law and not
maintenance of which the public is deeply interested. Thus, the State is mandated subject to stipulation,
to protect marriage, being the foundation of the family, which in turn is the except that marriage
foundation of the nation. The State has surrounded marriage with safeguards to settlements may fix the
maintain its purity, continuity and permanence. The security and stability of the property relations
State are largely dependent upon it. It is the interest of each and every member of during the marriage
the community to prevent the bringing about of a condition that would shake its within the limits
foundation and ultimately lead to its destruction. (Tilar vs. Tilar, GR No. 214529, provided by this Code.
12 July 2017) (Article 1, Family Code)
Marriage is a special contract of permanent union between a man and a woman
What primarily governs Governed by the Family Governed primarily by
entered into in accordance with law for the establishment of conjugal and family
Code the stipulations of the
life. It is the foundation of the family and an inviolable social institution whose
parties
nature, consequences, and incidents are governed by law and not subject to
As marriage is a special
stipulation, except that marriage settlements may fix the property relations during
contract, their terms and
Article 1306. The
the marriage within the limits provided by this Code. (Article 1, Family Code)
conditions are not
contracting parties may
How does Marriage differ from Ordinary Contracts? merely subject to the establish such
stipulations of the
stipulations, clauses,
contracting parties butterms and conditions as
are governed by law. they may deem
(Tilar vs. Tilar, GR No.
convenient, provided
214529, 12 July 2017) they are not contrary to
Marriage Ordinary Contracts law, morals, good
Definition Marriage is a special Article 1305. A contract customs, public order, or
contract of permanent is a meeting of minds public policy. (Article
union between a man between two persons 1306, Civil Code,
and a woman entered whereby one binds Principle of Freedom of
into in accordance with himself, with respect to Contract)
law for the the other, to give Requisites The Family Code There is no contract
establishment of something or to render provides for the unless the following
conjugal and family life. some service. (1254a) essential as well as requisites concur:
formal requisites for the (1) Consent of the wife in the presence of
validity of marriage. contracting parties; not less than two
(Tilar vs. Tilar, GR No. (2) Object certain which witnesses of legal age.
214529, 12 July 2017) is the subject matter of Article 4. The absence of In contracts, we have no
the contract; any of the essential or sub-categories of
Family Code: (3) Cause of the formal requisites shall requisites.
obligation which is render the marriage
Article 2. No marriage established. (Article void ab initio, except as Absence of any of the
shall be valid, unless 1318, Civil Code) stated in Article 35(2). requisites of a valid
these essential contract renders it void.
requisites are present: A defect in any of the
(1) Legal capacity of the essential requisites shall In case of vitiation of
contracting parties who render the marriage consent due to mistake,
must be a male and a voidable as provided in violence, intimidation,
female; and Article 45. undue influence or
(2) Consent freely given fraud, the contract
in the presence of the An irregularity in the becomes voidable.
solemnizing officer. (53a) formal requisites shall
not affect the validity of There are also different
Article 3. The formal marriage the but the categories of a defective
requisites of marriage party or parties contract that are not
are: responsible for the applicable to Marriage
(1) Authority of the irregularity shall be such as unenforceable
solemnizing officer; civilly, criminally and and rescissible contracts.
(2) A valid marriage administratively liable.
license except in the (Article 4 Family Code)
cases provided for in
Chapter 2 of this Title; Requisites of Marriage
and
(3) A marriage ceremony Essential Requisites (Article 2, Family Code):
which takes place with
the appearance of the (1) Legal capacity of the contracting parties who must be a male and a
contracting parties female; and
before the solemnizing (2) Consent freely given in the presence of the solemnizing officer.
officer and their
personal declaration Formal Requisites (Article 3, Family Code):
that they take each
(1) Authority of the solemnizing officer;
other as husband and
(2) A valid marriage license except in the cases provided for in Chapter 2 of (2) Any priest, rabbi, imam, or minister of any church or religious sect duly
this Title; and authorized by his church or religious sect and registered with the civil
(3) A marriage ceremony which takes place with the appearance of the registrar general, acting within the limits of the written authority granted
contracting parties before the solemnizing officer and their personal by his church or religious sect and provided that at least one of the
declaration that they take each other as husband and wife in the presence contracting parties belongs to the solemnizing officer’s church or religious
of not less than two witnesses of legal age. sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
Effect of Absence, Defect and Irregularity in the Essential and Formal Requisites (4) Any military commander of a unit to which a chaplain is assigned, in the
of a Valid Marriage (Article 4, Family Code) absence of the latter, during a military operation, likewise only in the
cases mentioned in Article 32;
The absence of any of the essential or formal requisites shall render the marriage (5) Any consul-general, consul or vice-consul in the case provided in Article
void ab initio, except as stated in Article 35(2). 10. (56a)

Article 35 (2) provides: Note: Mayors may solemnize marriage under the Local Government Code.
The following marriages shall be void from the beginning:

(2) Those solemnized by any person not legally authorized to perform


marriages unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the legal
authority to do so

A defect in any of the essential requisites shall render the marriage voidable as
provided in Article 45.

An irregularity in the formal requisites shall not affect the validity of the
marriage but the party or parties responsible for the irregularity shall be civilly,
criminally and administratively liable.

Legal Capacity to Marry (Article 5)

a.) Any male or female;


b.) of the age of eighteen years or upwards;
c.) not under any of the impediments mentioned in Articles 37 (incestuous
marriages) and 38 (void by reason of public policy), may contract marriage.
(54a)

Who may solemnize marriage (Article 7)

(1) Any incumbent member of the judiciary within the court’s jurisdiction;
unless the party such advice, or if it be
concerned after unfavorable, the
attaining the age of marriage license shall
Handout No. 5: Parental Consent and Advice, Marriage License Requirement, twenty-one (21), freely not be issued till after
Validity and Marriages Exempt, Mixed Marriages cohabited with the other three months following
and both lived together the completion of the
A. Parental Consent vs. Parental Advice as husband and wife. publication of the
(See Article 45 application therefor.
Parental Consent Parental Advice paragraph 1 of the
When Required Article 14. In case either Article 15. Family Code.) If marriage license is
or both of the Any contracting party issued within the three-
contracting parties are between the age of month period, marriage
between the ages of twenty-one (21) and is still valid. Here, there
eighteen (18) and twenty-five (25) shall be is an irregularity in the
twenty-one (21), they obliged to ask their formal requisite.
shall, in addition to the parents or guardian for
requirements of the advice upon the B. Marriage License
preceding articles, intended marriage.
exhibit to the local civil A valid marriage license is a formal requisite of marriage. Take note that marriage
registrar, the consent to license is different from a marriage certificate.
their marriage of their
father, mother, surviving General Rule: Marriage solemnized without a valid marriage license is void. (See
parent or guardian, or Articles 3 and 4)
persons having legal
charge of them, in the EXCEPTIONS (Marriages exempt from the License Requirement)
order mentioned.
Form Such consent shall be A sworn statement by  Art. 27. In case either or both of the contracting parties are at the point of
manifested in writing by the contracting parties death (articulo mortis), the marriage may be solemnized without
the interested party, to the effect that such necessity of a marriage license and shall remain valid even if the ailing
who personally appears advice has been sought, party subsequently survives.
before the proper local together with the  Art. 28. If the residence of either party is so located that there is no
civil registrar, or in the written advice given, if means of transportation to enable such party to appear personally before
form of an affidavit any, shall be attached to the local civil registrar, the marriage may be solemnized without necessity
made in the presence of the application for of a marriage license.
two witnesses and marriage license.  Art. 33. Marriages among Muslims or among members of the ethnic
attested before any cultural communities may be performed validly without the necessity of
official authorized by law marriage license, provided they are solemnized in accordance with their
to administer oaths. customs, rites or practices.
Effect When Not Secured Marriage is VOIDABLE If they do not obtain
 Art. 34. No license shall be necessary for the marriage of a man and a Art. 26. All marriages solemnized outside the Philippines, in accordance
woman who have lived together as husband and wife for at least five with the laws in force in the country where they were solemnized, and
years and without any legal impediment to marry each other. The valid there as such, shall also be valid in this country, except those
contracting parties shall state the foregoing facts in an affidavit before any prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
person authorized by law to administer oaths. The solemnizing officer
shall also state under oath that he ascertained the qualifications of the Where a marriage between a Filipino citizen and a foreigner is validly
contracting parties are found no legal impediment to the marriage. celebrated and a divorce is thereafter validly obtained abroad by the
(Affidavit of Cohabitation) alien spouse capacitating him or her to remarry, the Filipino spouse shall
have capacity to remarry under Philippine law. (As amended by
C. Validity of marriage license (Art. 20) Executive Order 227)

Art. 20. The license shall be valid in any part of the Philippines for a period of Case:
one hundred twenty (120) days from the date of issue, and shall be deemed
automatically cancelled at the expiration of the said period if the contracting Republic vs. Manalo; G.R. No. 221029 April 24, 2018
parties have not made use of it. The expiry date shall be stamped in bold
characters on the face of every license issued. FACTS:

D. Mixed marriages On January 10, 2012, respondent Marelyn Tanedo Manalo (Manalo) filed a
petition for cancellation of Entry of marriage in the Civil Registry of San Juan,
If solemnized in the Philippines: Metro Manila, by virtue of a judgment of divorce Japanese court.

Art. 21. When either or both of the contracting parties are citizens of a foreign On October 15, 2012, the trial court denied the petition for lack of merit. In ruling
country, it shall be necessary for them before a marriage license can be obtained, that the divorce obtained by Manalo in Japan should not be recognized, it opined
to submit a certificate of legal capacity to contract marriage, issued by their that, based on Article 15 of the New Civil Code, the Philippine law "does not
respective diplomatic or consular officials. afford Filipinos the right to file for a divorce whether they are in the country or
living abroad, if they are married to Filipinos or to foreigners, or if they celebrated
Stateless persons or refugees from other countries shall, in lieu of the certificate their marriage in the Philippines or in another country" and that unless Filipinos
of legal capacity herein required, submit an affidavit stating the circumstances "are naturalized as citizens of another country, Philippine laws shall have control
showing such capacity to contract marriage. over issues related to Filipinos' family rights and duties, together with the
determination of their condition and legal capacity to enter into contracts and civil
If solemnized abroad: relations, including marriages."

Consider the provisions of: On appeal, the CA overturned the RTC decision. It held that Article 26 of the
Family Code of the Philippines (Family Code) is applicable even if it was Manalo
a. Article 15 of the Civil Code on the Nationality Principle who filed for divorce against her Japanese husband because the decree obtained
Article 15. Laws relating to family rights and duties, or to the status, makes the latter no longer married to the former, capacitating him to remarry.
condition and legal capacity of persons are binding upon citizens of the Conformably with Navarro, et al. V. Exec. Secretary Ermita, et al. ruling that the
Philippines, even though living abroad. (9a) meaning of the law should be based on the intent of the lawmakers and in view of
b. Article 26 of the Family Code the legislative intent behind Article 26, it would be height of injustice to consider
Manalo as still married to the Japanese national, who, in turn, is no longer If we are to give meaning to the legislative intent to avoid the absurd situation
married to her. For the appellate court, the fact that it was Manalo who filed the where the Filipino spouse remains married to the alien spouse who after
divorce case is inconsequential. Cited as similar to this case was Van Dorn v. Judge obtaining a divorce is no longer married to the Filipino spouse, then the instant
Romilo, Jr. where the marriage between a foreigner and a Filipino was dissolved case must be deemed as coming within the contemplation of Paragraph 2 of
filed abroad by the latter. Article 26.

The OSG filed a motion for reconsideration, but it was denied; hence, this In view of the foregoing, we state the twin elements for the application of
petition. Paragraph 2 of Article 26 as follows:

ISSUE: 1. There is a valid marriage that has been celebrated between a Filipino
citizen and a foreigner; and
Whether or not Article 26(2) is applicable to a Filipino spouse who obtained the 2. A valid divorce is obtained abroad by the alien spouse capacitating him or
divorce decree abroad to capacitate him or her to remarry under the Philippine her to remarry.
laws
The reckoning point is not the citizenship of the parties at the time of the
HELD: celebration of marriage, but their citizenship at the time valid divorced obtained
abroad by the alien spouse capacitating the latter to remarry.
Yes. In 2005, this Court concluded that Paragraph 2 of Article 26 applies to a case
where, at the time of the celebration of the marriage, the parties were Filipino Now, the Court is tasked to resolve whether, under the same provision, a Filipino
citizens, but later on, one of them acquired foreign citizenship by naturalization, citizen has the capacity to remarry under Philippine law after initiating a divorce
initiated a divorce proceeding, and obtained a favorable decree. We held in proceeding abroad and obtaining a favorable judgment against his or her alien
Republic of the Phils. v. Orbecido III: spouse who is capacitated to remarry. Specifically, Manalo pleads for the
recognition of enforcement of the divorced decree rendered by the Japanese
The jurisprudential answer lies latent in the 1998 case of Quita v. Court of court and for the cancellation of the entry of marriage in the local civil registry " in
Appeals. In Quita, the parties were, as in this case, Filipino citizens when they got order that it would not appear anymore that she is still married to the said
married. The wife became naturalized American citizen n 1954 and obtained a Japanese national who is no longer her husband or is no longer married to her;
divorce in the same year. The court therein hinted, by the way of obiter dictum, [and], in the event that [she] decides to be remarried, she shall not be bothered
that a Filipino divorced by his naturalized foreign spouse is no longer married and disturbed by said entry of marriage," and to use her maiden surname.
under Philippine law and can thus remarry.
We rule in the affirmative.
Thus, taking into consideration the legislative intent and applying the rule of
reason, we hold that Paragraph 2 of Article 26 should be interpreted to include xxx
cases involving parties who, at the time of the celebration of the marriage were
Filipino citizens, but later on, one of them becomes naturalized as foreign citizen In addition, the fact that a validity obtained foreign divorce initiated by the
and obtains divorce decree. The Filipino spouse should likewise be allowed to Filipino spouse can be recognized and given legal effects in the Philippines is
remarry as if the other party were foreigner at the time of the solemnization of implied from Our rulings in Fujiki v. Marinay, et al. and Medina v. Koike.
the marriage. To rule otherwise would be to sanction absurdity and injustice. x x x
In Fujiki, the Filipino wife, with the help of her husband, who is a Japanese
national, was able to obtain a judgment from Japan's family court. Which declared
the marriage between her and her second husband, who is a Japanese national, appropriate action including the reception of evidence to determine and resolve
void on the ground of bigamy. In resolving the issue of whether a husband or wife the pertinent factual issues.
of a prior marriage can file a petition to recognize a foreign judgment nullifying
the subsequent marriage between his her spouse and a foreign citizen on the There is no compelling reason to deviate from the above mentioned rulings.
ground of bigamy, We ruled: When this Court recognized a foreign divorce decree that was initiated and
obtained by the Filipino spouse and extended its legal effects on the issues of
Fujiki has the personality to file a petition to recognize the Japanese Family Court child custody and property relation, it should not stop short in a likewise
judgment nullifying the marriage between Marinay and Maekara on the ground of acknowledging that one of the usual and necessary consequences of absolute
bigamy because the judgment concerns his civil status as married to Marinay. For divorce is the right to remarry. Indeed, there is no longer a mutual obligation to
the same reason he has the personality to file a petition under Rule 108 to cancel live together and observe fidelity. When the marriage tie is severed and ceased to
the entry of marriage between Marinay and Maekara in the civil registry on the exist, the civil status and the domestic relation of the former spouses change as
basis of the decree of the Japanese Family Court. both of them are freed from the marital bond.

There is no doubt that the prior spouse has a personal and material interest in
maintaining the integrity of the marriage he contracted and the property relations
arising from it. There is also no doubt that he is interested in the cancellation of
an entry of a bigamous marriage in the civil registry, which compromises the
public recor of his marriage. The interest derives from the substantive right of the
spouse not only to preserve (or dissolve, in limited instances) his most intimate
human relation, but also to protect his property interests that arise by operation
of law the moment he contracts marriage. These property interests in marriage
included the right to be supported "in keeping with the financial capacity of the
family" and preserving the property regime of the marriage.

Property rights are already substantive rights protected by the Constitution, but a
spouse's right in a marriage extends further to relational rights recognized under
Title III ("Rights and Obligations between Husband and Wife") of the Family Code.
xxx

On the other hand, in Medina, the Filipino wife and her Japanese husband jointly
filed for divorce, which was granted.1âwphi1 Subsequently, she filed a petition
before the RTC for judicial recognition of foreign divorce and declaration of
capacity to remarry pursuant to Paragraph 2 of Article 26. The RTC denied the
petition on the ground that the foreign divorce decree and the national law of the
alien spouse recognizing his capacity to obtain a divorce must be proven in
accordance with Sections 24 and 25 of Rule 132 of the Revised Rules on Evidence.
This Court agreed and ruled that, consistent with Corpuz v. Sto. Tomas, et al.35
and Garcia v. Recio,36 the divorce decree and the national law of the alien spouse
must be proven. Instead of dismissing the case, We referred it to the CA for
of the children.
As to how marriage may A void marriage may be A voidable marriage can
be impugned impugned both directly only be attacked directly
and collaterally and may and may no longer be
be impugned even after impugned after the
the death of the parties. death of a party.
Handout No. 6: Void and Voidable Marriages
B. Void Marriages
A. Distinctions of Void and Voidable Marriages
1. Under Article 35
Void Voidable Art. 35. The following marriages shall be void from the beginning:
As to Nature Void ab initio, inexistent Valid until annulled by
from the very beginning, the courts (1) Those contracted by any party below eighteen years of age even with the
as if no marriage consent of parents or guardians;
transpired between the (2) Those solemnized by any person not legally authorized to perform
parties marriages unless such marriages were contracted with either or both
As to the Nomenclature Petition of Declaration Petition for Annulment parties believing in good faith that the solemnizing officer had the legal
of the Petition of Nullity of Marriage authority to do so;
As to susceptibility of No Yes, either by (3) Those solemnized without license, except those covered the preceding
being ratified cohabitation or by Chapter;
prescription (4) Those bigamous or polygamous marriages not failing under Article 41;
As to the effect on GR: Illegitimate (5) Those contracted through mistake of one contracting party as to the
children Exceptions: identity of the other; and
1. Those who were (6) Those subsequent marriages that are void under Article 53.
conceived or born
before judgment of 2. Under Article 36
absolute nullity under
Art. 36 (psychological Art. 36. A marriage contracted by any party who, at the time of the celebration,
incapacity as ground for was psychologically incapacitated to comply with the essential marital obligations
nullity) has become final of marriage, shall likewise be void even if such incapacity becomes manifest only
and executory; after its solemnization.
2. Those conceived or
born of subsequent Tan-Andal vs Andal (G.R. 196359, 11 May 2021)
marriage under Art. 53
(without the partition  Expert testimony is not indispensable. Ordinary witnesses who have
and distribution of been present in the life of the spouses before the latter contracted
properties of the marriage may testify on behaviors that they have consistently observed
spouses and the delivery from the incapacitated spouse.
of presumptive legitimes
 Psychological incapacity is not a medical but a legal concept. It is a this Code and falling under Article 36, such action or defense shall prescribe in
personal condition that prevents a spouse to perform marital obligations ten years after this Code shall taken effect.
in relation to a specific person that may exist at the time of marriage but
may have revealed through behavior subsequent to ceremonies. It need Art. 40. The absolute nullity of a previous marriage may be invoked for
not be a mental or personality disorder. It need not be a permanent and purposes of remarriage on the basis solely of a final judgment declaring such
incurable condition. The testimony of a psychologist or psychiatrist is not previous marriage void. (n).
mandatory in all cases. The totality of evidence must show clear and
convincing evidence to cause the declaration of nullity of marriage. D. Effect of absence to marriage (Article 41)

3. Under Article 37 (incestuous marriages) Art. 41. A marriage contracted by any person during subsistence of a previous
marriage shall be null and void, unless before the celebration of the
Art. 37. Marriages between the following are incestuous and void from the subsequent marriage, the prior spouse had been absent for four consecutive
beginning, whether relationship between the parties be legitimate or illegitimate: years and the spouse present has a well-founded belief that the absent
spouse was already dead. In case of disappearance where there is danger of
(1) Between ascendants and descendants of any degree; and death under the circumstances set forth in the provisions of Article 391 of the
(2) Between brothers and sisters, whether of the full or half blood. Civil Code, an absence of only two years shall be sufficient.

4. Under Article 38 (void marriages due to public policy) For the purpose of contracting the subsequent marriage under the preceding
paragraph the spouse present must institute a summary proceeding as
Art. 38. The following marriages shall be void from the beginning for reasons of provided in this Code for the declaration of presumptive death of the
public policy: absentee, without prejudice to the effect of reappearance of the absent
spouse.
(1) Between collateral blood relatives whether legitimate or illegitimate, up
to the fourth civil degree; Art. 42. The subsequent marriage referred to in the preceding Article shall be
(2) Between step-parents and step-children; automatically terminated by the recording of the affidavit of reappearance of
(3) Between parents-in-law and children-in-law; the absent spouse, unless there is a judgment annulling the previous marriage
(4) Between the adopting parent and the adopted child; or declaring it void ab initio.
(5) Between the surviving spouse of the adopting parent and the adopted
child; A sworn statement of the fact and circumstances of reappearance shall be
(6) Between the surviving spouse of the adopted child and the adopter; recorded in the civil registry of the residence of the parties to the subsequent
(7) Between an adopted child and a legitimate child of the adopter; marriage at the instance of any interested person, with due notice to the
(8) Between adopted children of the same adopter; and spouses of the subsequent marriage and without prejudice to the fact of
(9) Between parties where one, with the intention to marry the other, killed reappearance being judicially determined in case such fact is disputed.
that other person's spouse, or his or her own spouse. (82)
E. Voidable Marriages
C. Prescription and the need for final judgment (Articles 39 to 40)
What are the grounds for annulment?
Art. 39. The action or defense for the declaration of absolute nullity shall not
prescribe. However, in case of marriage celebrated before the effectivity of
Art. 45. A marriage may be annulled for any of the following causes, existing Prescription
at the time of the marriage:
Art. 47. The action for annulment of marriage must be filed by the following
(1) That the party in whose behalf it is sought to have the marriage annulled persons and within the periods indicated herein:
was eighteen years of age or over but below twenty-one, and the
marriage was solemnized without the consent of the parents, guardian or (1) For causes mentioned in number 1 of Article 45 by the party whose
person having substitute parental authority over the party, in that order, parent or guardian did not give his or her consent, within five years after
unless after attaining the age of twenty-one, such party freely cohabited attaining the age of twenty-one, or by the parent or guardian or person
with the other and both lived together as husband and wife; having legal charge of the minor, at any time before such party has
(2) That either party was of unsound mind, unless such party after coming to reached the age of twenty-one;
reason, freely cohabited with the other as husband and wife; (2) For causes mentioned in number 2 of Article 45, by the same spouse, who
(3) That the consent of either party was obtained by fraud, unless such party had no knowledge of the other's insanity; or by any relative or guardian or
afterwards, with full knowledge of the facts constituting the fraud, freely person having legal charge of the insane, at any time before the death of
cohabited with the other as husband and wife; either party, or by the insane spouse during a lucid interval or after
(4) That the consent of either party was obtained by force, intimidation or regaining sanity;
undue influence, unless the same having disappeared or ceased, such (3) For causes mentioned in number 3 of Articles 45, by the injured party,
party thereafter freely cohabited with the other as husband and wife; within five years after the discovery of the fraud;
(5) That either party was physically incapable of consummating the marriage (4) For causes mentioned in number 4 of Article 45, by the injured party,
with the other, and such incapacity continues and appears to be within five years from the time the force, intimidation or undue influence
incurable; or disappeared or ceased;
(6) That either party was afflicted with a sexually transmissible disease found (5) For causes mentioned in number 5 and 6 of Article 45, by the injured
to be serious and appears to be incurable. (85a) party, within five years after the marriage. (87a)

Art. 46. Any of the following circumstances shall constitute fraud referred to in F. Legal Separation
Number 3 of the preceding Article: a. Grounds

(1) Non-disclosure of a previous conviction by final judgment of the other Art. 55. A petition for legal separation may be filed on any of the following
party of a crime involving moral turpitude; grounds:
(2) Concealment by the wife of the fact that at the time of the marriage, she
was pregnant by a man other than her husband; (1) Repeated physical violence or grossly abusive conduct directed against
(3) Concealment of sexually transmissible disease, regardless of its nature, the petitioner, a common child, or a child of the petitioner;
existing at the time of the marriage; or (2) Physical violence or moral pressure to compel the petitioner to change
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or religious or political affiliation;
lesbianism existing at the time of the marriage. (3) Attempt of respondent to corrupt or induce the petitioner, a common
child, or a child of the petitioner, to engage in prostitution, or connivance
No other misrepresentation or deceit as to character, health, rank, fortune or in such corruption or inducement;
chastity shall constitute such fraud as will give grounds for action for the (4) Final judgment sentencing the respondent to imprisonment of more than
annulment of marriage. (86a) six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for
more than one year.

For purposes of this Article, the term "child" shall include a child by nature or by
adoption. (9a)

b. Effects on marital ties, custody of children, properties,


inheritance

Art. 63. The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but the
marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved
and liquidated but the offending spouse shall have no right to any share of
the net profits earned by the absolute community or the conjugal
partnership, which shall be forfeited in accordance with the provisions of
Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent
spouse, subject to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in favor of
the offending spouse made in the will of the innocent spouse shall be
revoked by operation of law. (106a)
(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;


Marriage Ordinary Contracts
 both a contract and a social  merely a contract (5) Between the surviving spouse of the adopting parent and the adopted child;
institution  stipulations are generally
 generally, stipulations are fixed by the parties (6) Between the surviving spouse of the adopted child and the adopter;
fixed by law — not by the  can be ended by mutual
parties (exception: marriage agreement and by other legal (7) Between an adopted child and a legitimate child of the adopter;
settlement provisions) causes
 can be dissolved only by (8) Between adopted children of the same adopter; and
death or annulment, not by
mutual agreement (9) Between parties where one, with the intention to marry the other, killed that
other person’s spouse, or his or her own spouse. (82)

Art. 31. A marriage in articulo mortis between passengers or crew members may Art. 45. A marriage may be annulled for any of the following causes, existing at
also be solemnized by a ship captain or by an airplane pilot not only while the ship the time of the marriage:
is at sea or the plane is in flight, but also during stopovers at ports of call. (74a)
(1) That the party in whose behalf it is sought to have the marriage annulled was
Art. 32. A military commander of a unit, who is a commissioned officer, shall eighteen years of age or over but below twenty-one, and the marriage was
likewise have authority to solemnize marriages in articulo mortis between solemnized without the consent of the parents, guardian or person having
persons within the zone of military operation, whether members of the armed substitute parental authority over the party, in that order, unless after attaining
forces or civilians. (74a) the age of twenty-one, such party freely cohabited with the other and both lived
together as husband and wife;
Art. 37. Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or illegitimate: (2) That either party was of unsound mind, unless such party after coming to
reason, freely cohabited with the other as husband and wife;
(1) Between ascendants and descendants of any degree; and
(3) That the consent of either party was obtained by fraud, unless such party
(2) Between brothers and sisters, whether of the full or half blood. (81a) afterwards, with full knowledge of the facts constituting the fraud, freely
cohabited with the other as husband and wife;
Art. 38. The following marriages shall be void from the beginning for reasons of
public policy: (4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the freely cohabited with the other as husband and wife;
fourth civil degree;
(5) That either party was physically incapable of consummating the marriage with
the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to
be serious and appears to be incurable. (85a)

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