#Legal Capacity to marry

Legal Capacity:
1. Age
2. Sex
3. Incestuous / public policy
##Age
Art. 35(1) Family Code, Marriage contracted by any party below 18 years of age e
ven with the consent of parents or guardians is void ab initio.
Corollary: Art. 26 Family Code. If foreign law allows below 18 to marry, and fil
ipinos marry under that law, Art. 35(1) still applies. So if they marry at 17 ye
ars of age, the marriage is void ab initio.
Lex loci celebrationis, except Art. 35(1,4-6).
===Case: Chi Ming Tsoi v. CA, 266 SCRA 324 (1977)
Consortium is an obligation, but it cannot be forced.
===Case: Amelor v. RTC 563 SCRA 447 (2008)
Couple had 4 children; problems in marriage, husband cold towards wife. Wife saw
playgirl magazines in husband's closet. 1 time, wife saw him kissing another ma
n. She brought the action based on Chi Ming Tsoi, however she was not able to pr
ove homosexuality.
===Case: Morigo v. PP 422 SCRA 376 (2004)
A went to Canada to work. A and B were sending each other letters. They got marr
ied without a ceremony. They had a fixer who took care of the formalities. The m
arriage is therefore void. B married C subsequently without obtaining a declarat
ion of nullity for the first marriage. The Court ruled that the subsequent marri
age is valid since there was no evidence that the first marriage ever occured. T
here was no marriage certificate and no ceremony.
#Incestuous Marriage
#Marriage in Articulo Mortis
---===Case: Rep v. Dayot, 550 SCRA 435 (2008)
===Ninal v. Bayadog, 328 SCRA 122 (2000)
A and B married. 1990, B cohabited with C. 1992, A died. 1996 B and C married wi
thout a marriage license stating in the affidavit that they have been living wit
h each other for 5 years.