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Legal Research Adulterty
Legal Research Adulterty
GROUP III
returning to Malaysia Juan was able to pay all his dues. He sacrificed all
sorts of social life and just kept on working hard. He never talked to Maria
again. He sent all his financial support through Bobby again.
On February 2011, Juan was told that Maria was very ill and needed
a blood transfusion and that she was in the hospital without any money to
pay all the bills. Out of guilt, Juan sent money for the discharge of Maria but
later on he found out that Maria actually gave birth to her 6 th child (2nd child
with Cecilio).
Currently, Juan has a 13-yr old daughter from another woman who is
in the custody of his relatives in Ormoc and he is living with a new girlfriend
in Malaysia and they are both expecting a baby in October 2012. Juan has
started to invest on properties for his future family.
ISSUES:
1. Is the marriage of Juan and Maria void ab initio based on any or all
of the following grounds?
1. Lack of marriage license;
2. Lack of legal capacity of Maria on account that she was
only 16 at the time marriage;
3. Psychological incapacity on the part of Maria.
2. Does the serial sexual infidelity of Maria constitute Psychological
Incapacity?
3. What is the Property Relations of Juan and Maria?
4. Are Maria and the common children of Juan and Maria entitled to
support?
5. Can Juan sue Maria for Adultery?
6. Can Juan be sued by Maria for Concubinage?
Since the marriage of Juan and Maria was contracted in 1987, a year
before the Family Code took effect, it would seem that the Civil Code would
apply.
Article 53 of the Civil Code provides:
Art. 53. No marriage shall be solemnized unless all these
requisites are complied with:
(4) A marriage license, except in a marriage of exceptional
character (Sec. 1a, Art. 3613).
Article 53 states that a marriage license is a requirement for a
marriage to be solemnized while Article 80 declares marriages solemnized
without a marriage license as void from the beginning except those that are
of exceptional character.
Under the Family Code, a similar provision would be Article 35 paragraph 3
of which provides:
Art. 35. The following marriages shall be void from the
beginning:
(3) Those solemnized without license, except those covered in
the preceding Chapter;
The marriage of Juan and Maria does not fall under marriages of
exceptional character as defined in Articles 72, 76, 77 and 78 1 of the Civil
Code and Articles 27, 28,33 and 34 2 of the Family Code. Therefore, under
either the Family Code or the Civil Code, the marriage of Juan and Maria is
void ab initio for lack of marriage license.
B.
However, in the Civil Code, the age requirement for the wife is only
14 years old as stated in Article 80. 3 At the time of Juan and Marias
marriage, Maria was only 16, and such marriage could be declared void ab
initio on the ground of underage of one of the parties only under the Family
Code. There is, therefore, a need to establish the applicability of the Family
Code to marriages contracted even before the effectivity of the Family
Code on August 3, 1988.
In the landmark case Santos vs. Court of Appeals, 4 the petitioner had
originally filed a complaint for Voiding of Marriage Under Article 36 of the
Family Code. When the case was elevated to the SC, the Court discussed
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In the case at hand, Juan contends that the sexual infidelity of Maria
constitutes psychological incapacity and thus, would have to be guided by
the SC ruling in the case of Toring vs. Toring which states:
Teresitas alleged infidelity, even if true, likewise does not
constitute psychological incapacity under Article 36 of the
Family Code. In order for sexual infidelity to constitute as
psychological incapacity, the respondents unfaithfulness must
be established as a manifestation of a disordered personality,
completely preventing the respondent from discharging the
essential obligations of the marital state;[22] there must be
proof of a natal or supervening disabling factor that effectively
incapacitated her from complying with the obligation to be
faithful to her spouse.[23]
In our view, Ricardo utterly failed in his testimony to prove that
Teresita suffered from a disordered personality of this kind.
Even Ricardos added testimony, relating to rumors of
Teresitas dates with other men and her pregnancy by another
man, would not fill in the deficiencies we have observed, given
the absence of an adverse integral element and link to
Teresitas allegedly disordered personality.
Juan must be able to show that Maria suffers from a disorder and that it is
the direct cause of her inability to perform basic marital obligations like
remaining faithful to her husband.
SUPPORT
Art 194 of the Family Code defines support as:
Art. 194. Support comprises everything indispensable for
sustenance, dwelling, clothing, medical attendance, education
and transportation, in keeping with the financial capacity of the
family.
The education of the person entitled to be supported referred to
in the preceding paragraph shall include his schooling or
training for some profession, trade or vocation, even beyond
the age of majority. Transportation shall include expenses in
going to and from school, or to and from place of work. (290a)
Until Juans petition for the declaration of nullity is granted, he is under
obligation to materially support Maria and his four children by Maria. This is
in line with Articles 49 and 198 of the Family Code which provide that:
Art. 49. During the pendency of the action and in the absence
of adequate provisions in a written agreement between the
spouses, the Court shall provide for the support of the spouses
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PROPERTY RELATIONS
Under the Family Code, the property relations of spouses is absolute
community of property unless there is a marriage settlement.
Collateral Issues
ADULTERY
Adultery means the carnal relation between a married woman and a
man who is not her husband, the latter knowing her to be married, even if
the marriage be subsequently declared void. Each sexual intercourse made
constitutes a crime of adultery.
Proof of sexual intercourse is enough to be a ground for a case of
adultery.
The offended party or spouse can legally file the complaint of
adultery. The marital status must be present at the time of filing the criminal
action. In other words, the offended spouse must still be married to the
accused spouse at the time of the filing of the complaint.
Adultery is a crime against chastity. In Adultery the pardon given by
the offended party will bar the prosecution of the case.
If a husband wants to file an adultery case against his wife, he must
also charge the paramour.
The provisions of the revised penal code are stacked against the
woman. If she commits even just one case of adultery, she, along with the
paramour can be immediately sued and be charged criminally.
The Revised Penal Codes provides:
Art. 333. Who are guilty of adultery. Adultery is committed by
any married woman who shall have sexual intercourse with a
man not her husband and by the man who has carnal
knowledge of her knowing her to be married, even if the
marriage be subsequently declared void.
Based on what is stated above, Maria appears to have committed
adultery having borne a child not fathered by her husband, Juan. However,
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from the facts of the case, it seems that Juan continued to cohabit or
maintain a family home with Maria despite his knowledge of Marias
adulterous acts thereby implicitly pardoning her. This effectively bars Juan
from instituting any action against Maria for adultery.
Art. 344. Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape and acts of lasciviousness. The
crimes of adultery and concubinage shall not be prosecuted
except upon a complaint filed by the offended spouse.
The offended party cannot institute criminal prosecution without
including both the guilty parties, if they are both alive, nor, in
any case, if he shall have consented or pardoned the offenders.
CONCUBINAGE
Concubinage is committed by any husband who shall keep a mistress
in the conjugal dwelling, or, shall have sexual intercourse, under
scandalous circumstances, with a woman who is not his wife, or shall
cohabit with her in any other place.
Article 334 of the RPC provides:
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Art. 27. In case either or both of the contracting parties are at the
point of death, the marriage may be solemnized without necessity of
a marriage license and shall remain valid even if the ailing party
subsequently survives. (72a)
Art. 28. If the residence of either party is so located that there is no
means of transportation to enable such party to appear personally
before the local civil registrar, the marriage may be solemnized
without necessity of a marriage license. (72a)
Art. 33. Marriages among Muslims or among members of the ethnic
cultural communities may be performed validly without the necessity
of marriage license, provided they are solemnized in accordance with
their customs, rites or practices. (78a)
Art. 34. No license shall be necessary for the marriage of a man and
a woman who have lived together as husband and wife for at least
five years and without any legal impediment to marry each other. The
contracting parties shall state the foregoing facts in an affidavit before
any person authorized by law to administer oaths. The solemnizing
officer shall also state under oath that he ascertained the
qualifications of the contracting parties are found no legal impediment
to the marriage. (76a)
Art. 80. The following marriages shall be void from the beginning:
(1) Those contracted under the ages of sixteen and fourteen years by
the male and female respectively, even with the consent of the
parents;
(2) Those solemnized by any person not legally authorized to perform
marriages;
(3) Those solemnized without a marriage license, save marriages of
exceptional character;
(4) Bigamous or polygamous marriages not falling under Article 83,
Number 2;
(5) Incestuous marriages mentioned in Article 81;
(6) Those where one or both contracting parties have been found
guilty of the killing of the spouse of either of them;
(7) Those between stepbrothers and stepsisters and other marriages
specified in Article 82. (n)
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Leouel Santos vs. The Honorable Court of Appeals and Julia Rosario
Bedia-Santos G.R. No. 112019 January 4, 1995
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