What
marriages are void?
The
following marriages shall be void from the beginning:
(1)
Those contracted by any party below
eighteen years of age even
with the consent of parents or guardians;
(7)
Those marriages contracted by any party who, at
the time of the celebration, was psychologically
incapacitated to comply with
the essential marital obligations of marriage even if such incapacity
becomes manifest only after its solemnization. (Art. 36, FC)
(8) Incestuous marriages, whether the relationship
between the parties be legitimate or illegitimate. (Art. 37, FC)
(9) Those which are declared void because they are
contrary to public policy. (Art. 38, FC)
Art.
36. 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 likewise be void even if such incapacity becomes manifest
only after its solemnization. (As amended by Executive Order 227)
What
marriages are incestuous and void from the beginning?
Art.
37. Marriages between the following are incestuous and void from the beginning,
whether relationship between the parties be legitimate or illegitimate:
(1)
Between ascendants and descendants of any degree; and
What
marriages are void for reasons of public policy?
Art.
38. The following marriages shall be void from the beginning for reasons of
public policy:
(1)
Between collateral blood relatives whether legitimate or illegitimate, up to
the fourth civil degree;
(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;
(5)
Between the surviving spouse of the adopting parent and the adopted child;
(6)
Between the surviving spouse of the adopted child and the adopter;
(7)
Between an adopted child and a legitimate child of the adopter;
(8)
Between adopted children of the same adopter; and
(9)
Between parties where one, with the intention to marry the other, killed that
other person's spouse, or his or her own spouse.
Does
the action or defense for the declaration of absolute nullity of marriage
prescribe?
Art. 39. The action or defense for the declaration of absolute
nullity shall not prescribe. (As
amended by R.A. No. 8533)
When
may the absolute nullity of a previous marriage be invoked?
Art. 40. The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely of a final judgment
declaring such previous marriage void.
Subsequent
marriage terminated by recording of affidavit of reappearance
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 subsequent marriage, the prior spouse had been absent for
four consecutive 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 death under the circumstances set forth in the provisions of Article
391 of the Civil Code, an absence of only two years shall be sufficient.
How shall the subsequent marriage referred to in Art. 41
covering absent spouses be automatically terminated?
Art. 42. The subsequent marriage referred to in the preceding
Article shall be automatically terminated by the recording of the affidavit of
reappearance of the absent spouse, unless there is a judgment annulling the
previous marriage or declaring it void ab initio.
A sworn statement of the fact and circumstances of
reappearance shall be recorded in the civil registry of the residence of the
parties to the subsequent marriage at the instance of any interested person,
with due notice to the spouses of the subsequent marriage and without prejudice
to the fact of reappearance being judicially determined in case such fact is
disputed.
What
are the effects of termination of the subsequent marriage referred to in Art.
42 of the FC covering absent spouses?
Art. 43. The termination of the subsequent marriage referred
to in the preceding Article shall produce the following effects:
(1) The children of the subsequent marriage conceived prior
to its termination shall be considered legitimate;
(2) The absolute community of property or the conjugal
partnership, as the case may be, shall be dissolved and liquidated, but if
either spouse contracted said marriage in bad faith, his or her share of the
net profits of the community property or conjugal partnership property shall be
forfeited in favor of the common children or, if there are none, the children
of the guilty spouse by a previous marriage or in default of children, the
innocent spouse;
(3) Donations by reason of marriage shall remain valid,
except that if the donee contracted the marriage in bad faith, such donations
made to said donee are revoked by operation of law;
(4) The innocent spouse may revoke the designation of the
other spouse who acted in bad faith as beneficiary in any insurance policy, even
if such designation be stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad
faith shall be disqualified to inherit from the innocent spouse by testate and
intestate succession.
What
are the effects of termination of the subsequent marriage referred to in Art.
42 of the FC where both spouses acted in bad faith?
Art. 44. If both spouses of the subsequent marriage acted in
bad faith, said marriage shall be void ab initio and all donations by reason of
marriage and testamentary dispositions made by one in favor of the other are
revoked by operation of law.
What is the reason behind the rule that a void marriage must be declared void?
The reason behind the rule is to do away with continuing uncertainty on the status of the second marriage.
Under the FC, the following can nor marry:
1. Brother-in-law and sister-in-law
2. Stepbrother and stepsister
3. Guardian and ward
4. Adopted and illegitimate child of the adopter
5. Adopted son of the husband and adopted daughter of the wife
6. Parties who have been convicted of adultery or concubinage
Is a marriage between a father-in-law and his daughter-in-law or between a mother-in-law and her son-in-law valid? How about between an adopted son and an adopted daughter of the same adopting parent?
If the marriages were celebrated before the effectivity of the FC, both marriages are valid. Under the NCC, such marriages are neither void nor voidable.
If the marriages were celebrated after the effectivity of the FC, both marriages are void for reasons of public policy.
A was convited of killing B, husband of C. Can A get married to C?
It depends. If the killing was for the purpose of removing B as an obstacle to A's marriage to C, then the answer is no; if not, then the answer is yes.
(Desiderio P. Jurado, Civil Law Reviewer, 2006
ed., pp. 91-92)
0
Comments
