Professional Documents
Culture Documents
faith is not considered an injured party and does not have
the option to question the status of marriage.
FAMILY CODE - The faith of the contracting party, w/n good or bad will be
determined by the
CHAPTER 3: VOID AND VOIDABLE - circumstances of the person
MARRIAGES - time and place involved.
- a law student gets married before a
barangay captain (presumed to know
VOID MARRIAGES FROM THE BEGINNING disauthority) cannot plead good faith, but
--------------------------------------------------------- an uneducated barrio guy may have good
basis to claim such faith.
Art. 35. The following marriages shall be void from the - without prior arrangement + in makeshift
beginning: tent during a town fiesta + one claiming to
be a priest but doesnt look like it - tatted
(1) Those contracted by any party below eighteen years clothes and drunk = BAD FAITH
of age even with the consent of parents or guardians; - A person who gets married in a church
before an attired priest will be able to easily
(2) Those solemnized by any person not legally authorized profess good faith even if the priest turns
to perform marriages unless such marriages were out not to be one.
contracted with either or both parties believing in good - For contracting parties to be considered in good faith, there
faith that the solemnizing officer had the legal authority to must be absent in the celebration of the marriage:
do so; - any fact or circumstance sufficient to impel one to
doubt the authority of the solemnizing officer.
(3) Those solemnized without license, except those - thus any party who wants to prove otherwise just
covered the preceding Chapter; need to look for proof showing doubt on the
authority of the solemnizing officer.
(4) Those bigamous or polygamous marriages not failing - In such presence, the contracting party has the
under Article 41; burden to prove/ascertain the authority of the said
solemnizing officer. If the contracting party fails to
(5) Those contracted through mistake of one contracting prove such they will be considered in bad faith. -
party as to the identity of the other; and ---------------------------------------------------------
ABSENCE OF MARRIAGE LICENSE
(6) Those subsequent marriages that are void under Article
53.
ABSENCE
--------------------------------------------------------- • FORMAL REQUISITE OF VALID MARRIAGE LICENSE —
BELOW 18 YEARS OF AGE - Good faith or bad faith is not material here, marriage is void
- The missing essential here is the legal capacity of a if there is no attendant marriage.
contracting party to do the legal act of marriage. - Marriage license must be secured before its solemnization.
- Even consent from a valid parent or guardian won’t - A marriage which precedes the issuance of the marriage
save the nullity of the marriage. license is void and that the subsequent issuance of such
- The good faith or bad faith of the parties as in lack license will not render valid or even add in iota of validity the
of knowledge or knowledge of the marrying age marriage.
disqualifications is also immaterial. - Non-presentation of the subject marriage license cannot be
- As long as they are below the required age for legal taken as and is not a proof that same was not procured.
capacity to contract marriage, nothing can save it
PRESUMPTION
from being void.
- Underage marriage remains invalid even if done in
a foreign country that allows it. • PRESUMPTION OF VALIDITY OF MARRIAGE—
--------------------------------------------------------- The burden of proof rests upon the plaintiff and any doubt
should be resolved in favor of the validity of the marriage.
LACK OF AUTHORITY OF SOLEMNIZING
ABSENCE
• ESSENTIAL REQUISITE OF AUTHORITY OF SOLEMNIZING
EXCEPTION
OFFICER —
- Lack of authority doesn’t determine the status of a marriage
alone, the character of faith of the contracting parties must • CHAPTER 2 EXEMPTIONS FROM LICENSE REQUIREMENT—
also be taken into consideration.
MARRIAGE OF EXCEPTIONAL CHARACTER
GOOD FAITH OF PARTIES 1. Marriage in articulo mortis;
- Both parties be in bad faith for the marriage to be void in 2. Marriage in remote places;
this situation. 3. Marriage among Muslims or among members of ethnic
- If at least one of the parties is in good faith, the marriage will cultural minorities
be valid xxxxxx only the party responsible for any irregularity 4. Ratification of marital cohabitation
will be subject to liability. IT is not void as to the one in bad
faith but is valid to the one in good faith. The one in good
• __
- PHYSICAL MANIFESTATIONS: can be varied and - Physical manifestations must be symptomatic of an
diverse, they ordinarily exhibit themselves in underlying Psychological/Personality disorder.
negative traits or unusual or abnormal behavior. - PSYCHOLOGICAL INCAPACITY must be more than
- PHYSICAL MANIFESTATIONS may come in form: just a difficulty, refusal, or neglect in the
- refraining from sexual intercourse performance of some marital obligations. It must be
- perennially telling lies rooted in some psychological illness.
- fabricating ridiculous stories - Psychological illness does not by itself constitute a
- inventing personalities and situations and root cause. The psychological evaluation of PD must
other untruths fully explain the details, what, how, when, where
- inability to act on his own and being easily and since when of the disorder and how it
influenced by others even if they are incapacitates the accused spouse to his/her marital
wrong; obligations.
- inability to provide for family needs
- substance abuse
- trail of unpaid money obligations
EXCEPTION: FOLLOWING CANNOT BE ROOT CAUSES OF
- Personality disorders which have been claimed to
PHYSICAL MANIFESTATIONS OF INPACITY
be physical manifestations of psychological
incapacity
- abandonment of the other spouse
1. Mild characterological peculiarities, mood
- habitual drunkenness changes, occasional emotional outbursts cannot
- inflicting violence on the other spouse and be accepted as root causes.
their children
- lack of intention of procreative sexuality
2. Disputes arising from the usual roots of marital
- promiscuity resulting to endangering the
health of his wife by infecting her with a problems such as finances, fidelity, and religion
sexually transmissible disease cannot also be considered
- gambling
- emotional immaturity and irresponsibility 3. Irreconcilable differences and conflicting
- The following may, under certain circumstances,
personalities in no wise constitute psychological
and if carried to an excessive degree, be physical
manifestations of psychological incapacity. Normal incapacity.
or non-disagreeable behavior such as:
- taking care of pets 3. Must be among MOST SERIOUS cases of PDs
- engaging in professional work (personality/psych disorders).
- practice of religious belief - The intendment of the law is to confine the meaning
of psychological incapacity to the most serious
2. [STATEMENT OF ROOT CAUSE] [Physical manifestation must cases of personality disorders clearly demonstrative
be rooted from a Psychological disorder] of an utter insensitivity or inability to give meaning
- Root cause must not be PHYSICAL ILLNESS. It must and significance to the marriage.
psychological illness. - Serious cases with ROOT CAUSE is medically or
- ROOT CAUSE must must have been there from the clinically identified. The root cause must be
INCEPTION OF MARRIAGE. identified as a psychological illness and its
- The statement of root cause do not need to be in medical incapacitating nature fully explained.
terms or be technical in nature, as the root causes of many
psychological disorders are still unknown to science. It is 4. [EXPERT evidence/opinion]
enough to merely allege the physical manifestations - Expert evidence may be given by qualified
constituting the root cause. psychiatrists, clinical psychologists and persons with
- Physical manifestations must be established as a expertise in psychological disciplines.
manifestation of a DISORDERED PERSONALITY / - Scientists do not understand everything there is to
PSYCHOLOGICAL DISORDER and that it is rooted in some know about the root causes of psychological
debilitating psychological condition or illness. [#ROOT CAUSE] disorder. The root causes of many psychological
- There must be a showing of LINK, medical or the like, disorders are still unknown to science even as their
between the physical manifestations of outward, physical manifestations are evident.
psychological incapacity and the psychological
disorder itself. - EXPERT EVIDENCE: Testimony of the assailing spouse is not
- The physical manifestations of INCAPACITY must be enough. The courts must consider as essential the expert
by reason of some PSYCHOLOGICAL ILLNESS. opinion on psychological and mental disposition of the
- MUST SHOW PROOF OF A NATAL (from birth) OR parties.
SUPERVENING (sudden change) DISABLING FACTOR - It will greatly help if evidence pis presented that
IN THE PERSON (integral element in the personality medically or clinically identifies the illness
structure) that effectively INCAPACITATES the person - and this may be done through an expert witness.
from complying with the obligations essential to - The courts must give weight to expert opinions
marriage. - The requirement of “(c) INCURABILITY” cannot be
- A cause has to be shown and linked with the divined without expert opinion.
physical manifestations of the psychological - BUT: NOT A SINE QUA NON requirement in granting
incapacity. petitions for declaration of nullity of marriage. At
best must treat expert opinions as DECISIVE/GREAT
• __
(4) Such incapacity must also be shown to be medically or
The readiness of the errant party to mend his ways negates
clinically permanent or incurable. Such incurability may be
a disabling factor. When the wife learned of his affair, the
absolute or even relative only in regard to the other spouse,
husband immediately terminated it. His marital infidelity
does not appear to be symptomatic of a grave not necessarily absolutely against everyone of the same sex.
psychological disorder which renders him incapable of Furthermore, such incapacity must be relevant to the
performing his spousal obligations. assumption of marriage obligations, not necessarily to those
not related to marriage, like the exercise of a profession or
employment in a job. Hence, a pediatrician may be
effective in diagnosing illnesses of children and prescribing
PERSONALITY DISORDERS are long standing, inflexible ways medicine to cure them but may not be psychologically
of behaving that are not so much severe mental disorders capacitated to procreate, bear and raise his/her own
as dysfunctional styles of living. children as an essential obligation of marriage.
PSYCHOLOGICAL INCAPACITY must be more than just a (5) Such illness must be grave enough to bring about the
difficulty, refusal, or neglect in the performance of some disability of the party to assume the essential obligations of
marital obligations. It must be rooted in some marriage. Thus, "mild characteriological peculiarities, mood
psychological illness. changes, occasional emotional outbursts" cannot be
accepted as root causes. The illness must be shown as
---------------------------------------------------------
downright incapacity or inability, nor a refusal, neglect or
INTERPRETATION AND APPLICATION OF ART. 36 OF difficulty, much less ill will. In other words, there is a natal or
THE FAMILY CODE [MOLINA CASE GUIDELINES] supervening disabling factor in the person, an adverse
From their submissions and the Court's own deliberations, the integral element in the personality structure that effectively
following guidelines in the interpretation and application of incapacitates the person from really accepting and thereby
Art. 36 of the Family Code are hereby handed down for the complying with the obligations essential to marriage.
guidance of the bench and the bar:
(6) The essential marital obligations must be those embraced
(1) The burden of proof to show the nullity of the marriage by Articles 68 up to 71 of the Family Code as regards the
belongs to the plaintiff. Any doubt should be resolved in husband and wife as well as Articles 220, 221 and 225 of the
favor of the existence and continuation of the marriage and same Code in regard to parents and their children. Such
against its dissolution and nullity. This is rooted in the fact that non-complied marital obligation(s) must also be stated in the
both our Constitution and our laws cherish the validity of petition, proven by evidence and included in the text of the
marriage and unity of the family. Thus, our Constitution decision.
devotes an entire Article on the Family, 11 recognizing it "as
the foundation of the nation." It decrees marriage as legally (7) Interpretations given by the National Appellate
"inviolable," thereby protecting it from dissolution at the whim Matrimonial Tribunal of the Catholic Church in the Philippines,
of the parties. Both the family and marriage are to be while not controlling or decisive, should be given great
"protected" by the state. respect by our courts. It is clear that Article 36 was taken by
the Family Code Revision Committee from Canon 1095 of the
The Family Code 12 echoes this constitutional edict on New Code of Canon Law, which became effective in 1983
marriage and the family and emphasizes the permanence, and which provides:
inviolability and solidarity
The following are incapable of contracting marriage: Those
(2) The root cause of the psychological incapacity must be who are unable to assume the essential obligations of
(a) medically or clinically identified, (b) alleged in the marriage due to causes of psychological nature. 14
complaint, (c) sufficiently proven by experts and (d) clearly
explained in the decision. Article 36 of the Family Code Since the purpose of including such provision in our Family
requires that the incapacity must be psychological — not Code is to harmonize our civil laws with the religious faith of
physical. although its manifestations and/or symptoms may our people, it stands to reason that to achieve such
be physical. The evidence must convince the court that the harmonization, great persuasive weight should be given to
parties, or one of them, was mentally or physically ill to such decision of such appellate tribunal. Ideally — subject to our
an extent that the person could not have known the law on evidence — what is decreed as canonically invalid
obligations he was assuming, or knowing them, could not should also be decreed civilly void.
have given valid assumption thereof. Although no example
of such incapacity need be given here so as not to limit the This is one instance where, in view of the evident source and
application of the provision under the principle of ejusdem purpose of the Family Code provision, contemporaneous
generis, 13 nevertheless such root cause must be identified as religious interpretation is to be given persuasive effect. Here,
a psychological illness and its incapacitating nature the State and the Church — while remaining independent,
explained. Expert evidence may be given qualified separate and apart from each other — shall walk together in
psychiatrist and clinical psychologists. synodal cadence towards the same goal of protecting and
cherishing marriage and the family as the inviolable base of
(3) The incapacity must be proven to be existing at "the time the nation.
of the celebration" of the marriage. The evidence must show
that the illness was existing when the parties exchanged their (8) The trial court must order the prosecuting attorney or fiscal
"I do's." The manifestation of the illness need not be and the Solicitor General to appear as counsel for the state.
perceivable at such time, but the illness itself must have No decision shall he handed down unless the Solicitor
attached at such moment, or prior thereto. General issues a certification, which will be quoted in the
decision, briefly staring therein his reasons for his agreement
or opposition, as the case may be, to the petition. The
• __
INCESTUOUS AND VOID FROM THE VOID FROM THE BEGINNING BY REASONS
BEGINNING OF PUBLIC POLICY
--------------------------------------------------------- ---------------------------------------------------------
Art. 37. Marriages between the following are incestuous Art. 38. The following marriages shall be void from the
and void from the beginning, whether relationship beginning for reasons of public policy:
between the parties be legitimate or illegitimate:
(1) Between collateral blood relatives whether legitimate
(1) Between ascendants and descendants of any degree; or illegitimate, up to the fourth civil degree;
and
(2) Between step-parents and step-children;
(2) Between brothers and sisters, whether of the full or half
blood. (81a) (3) Between parents-in-law and children-in-law;
--------------------------------------------------------- (4) Between the adopting parent and the adopted child;
LEGITIMATE OR ILLEGITIMATE
- LEGITIMATE arises from a valid marriage (5) Between the surviving spouse of the adopting parent
- ILLEGITIMATE stems outside of a lawful wedlock. and the adopted child;
ADOPTIVE RELATIONSHIPS
APPROXIMATES THE INJUNCTION AGAINST SIMILAR
RELATIONSHIPS (Consanguinity / Affinity)
Due to Domestic Adoption Act of 1998 an adopted child is
a thorough and true legitimate child of the adopter,
reason for prohibition becomes compelling.
CONSANGUINITY: INCESTUOUS:(4)
Between the
adopting parent and the adopted child;
. As if consanguine: parent to child.
CONSANGUINITY: INCESTUOUS:
(7) Between an adopted child and a legitimate
child of the adopter;.
(8) Between adopted children of the same
adopter; and
As if consanguine: brothers and sisters.
AFFINITY: BY REASON OF PUBLIC POLICY:
RELATIVE BY BLOOD v. RELATIVE BY AFFINITY (5) Between the surviving spouse of the adopting
CONSANGUINITY V. AFFNITY parent and the adopted child;
CONSANGUINITY - akin to step parent and step child.
- being decscended from one ancestor. AFFINITY: BY REASON OF PUBLIC POLICY:
(6) Between the surviving spouse of the adopted
AFFINITY child and the adopter;
- Related by reason of marriage (not by blood) - akin to parent-in-law and child in law.
- The spouse of certain blood relative, is a relative
by affinity (which you are not descended from, ---------------------------------------------------------
no blood connection at all)
- example: The wife of the brother of your father,
which you customary call “aunt/tita”
---------------------------------------------------------
(2) Between step-parents and step-children (#porn)
- STEP PARENT: The person your blood parent marries
- STEP CHILDREN: The child of the single parent you married.
- There is no blood relationship between step parents and
step children.
- The law regards them very much in the same as real parents
and children, in view of the traditional closeness of Filipino
Families.
- The relationship between the two arises by reason of
(previous) marriage. (Question can they still be considered
Step, outside of wedlock? In cases of illegitimate children?)
---------------------------------------------------------
(3) Between parents-in-law and children-in-law;
- PARENT-IN-LAW: Parent of your spouse
- CHILDREN-IN-LAW: The spouse of your child.
• __
---------------------------------------------------------
(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)
- INTENTION TO MARRY: motive rather than intent as these
terms are understood in criminal law.
- If a party kills the other party’s spouse, the impediment will
not arise.
- Only one motivation accepted to be affected by legal
capacity : For marital benefit kills.
with the intention to marry the other, killed that
other person's spouse, or his or her own spouse.
- Other motivations even evil, if marriage is not affected at
won’t affect legal capacity.
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RELATIONSHIPS TYPE “NOT IMPEDIMENTS TO
MARRIAGE”
expressio unius est exclusio alterius n. [New Latin, the explicit
mention of one (thing) is the exclusion of another] : a
principle in statutory construction: when one or more things
of a class are expressly mentioned others of the same class
are excluded.
- ENUMERATION OF THE LAW IS EXCLUSIVE.
1. STEP BROTHER AND STEP SISTER IS ALLOWED UNDER
THE FAMILY CODE (though it was prohibited in NCC
80(7)).
2. ADOPTIVE VERSION OF STEP BROTHER AND STEP
SISTER: Child exclusively adopted by the husband
and a child exclusively adopted by the wife.
3. BROTHER IN LAW MAY MARRY SISTER IN LAW
4. WIDOWED MOTHER OF THE SPOUSE AND THE
WIDOWED FATHER OF THE SPOUSE. MAGBILAS,
despite being traditionally sacred in the country
5. A SPOUSE ENGAGED IN an ADULTEROUS
RELATIONSHIP CAN MARRY HER PARAMOUR/LOVER
AFTER THE TERMINATION OF HER MARRIAGE WITH
SPOUSE.
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