Legal Opinion

Submitted by: Jojemar Enciso

A woman, W, seek for your legal advice with regards to her marriage with husband H –
a Filipino. She wanted her marriage annulled. W and H got married on August 1988.

THE FACTS

Per discussion, the following are the pertinent facts:

1) On August 1, 1988, H and W got married.

2) H, the husband of W, is a Filipino.

THE APPLICABLE LAW

Since the marriage took place before the Family Code of the Philippines, the law
that shall govern is the Civil Code of the Philippines.

ANALYSIS AND RECOMMENDATION

Thus, after taking analysis to your case, you can file for annulment for any of the
following causes existing at the time of the marriage as stated in Article 45 of the Family
Code of the Philippines:
“(1) Non-age; (2) Unsoundness of Mind; (3) Fraud; (4)
Force, intimidation or undue influence; (5) Impotence;
(6) Sexually-transmitted disease (if incurable).”

On the assumption that the ground for annulment is either or both are
psychological incapacitated, you can file for declaration of nullity of marriage.

A woman W seek for your legal advice with regards to her marriage with husband H.
She wanted her marriage annulled. W and H got married on August 1988. However, H
was a minor at the time of the marriage.

THE FACTS
Per discussion, the following are the pertinent facts:
1) On August 1, 1988, H and W got married.
2) H was a minor at the time of their marriage.
THE APPLICABLE LAW

The applicable law is Article 54 of the Civil Code of the Philippines which
provides that:
“Any male of the age of sixteen or upwards, and any
female of the age of fourteen or upwards, not under
any of the impediments mentioned in articles 80-84,
may contract marriage.”

THE APPLICABLE JURISPRUDENCE

In this case, the Supreme Court said that no judicial decree is necessary to
establish the invalidity of void marriages.

The Supreme Court emphasized that the law in force at the time the two
contracted the marriage was the Civil Code. In addition, the Supreme Court stated that
there was no judicial declaration that the marriage was void ab initio as this is not a
requirement under the Civil Code which governs their marriage.

ANALYSIS AND RECOMMENDATION

Thus, taking analysis into consideration the legislative intent and applying the
rule of reason, Paragraph 1 of Article 80 of the Civil Code of the Philippines would
clearly apply to your case.

Having these all been said, judicial declaration of your marriage is not necessary
because, again, your marriage is void.

III.

H, upon returning to his home country, filed a divorce which was granted. What
will happen to W’s status in the Philippines? Can she still contract marriage here in the
Philippines?

THE FACTS
Per discussion, the following are the pertinent facts:

1) H and W was married in the Philippines.

2) H is a foreigner.
3) H, upon returning to his home country, filed a divorce and is granted.
THE APPLICABLE LAW

The applicable law is Paragraph 2, Article 26 of the Family Code of the

Philippines. It provides that:
“When a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse
shall likewise have capacity to remarry under
Philippine Law.”

THE APPLICABLE JURISPRUDENCE

Interestingly, Paragraph 2 of Article 26 of the Family Code of the Philippines

traces its origin to the 1985 case of VAN DORN v. ROMILLO, JR. (G.R. No. L-68470,
October 8, 1985, 139 SCRA 139). The case involved a marriage between a Filipino
citizen and a foreigner. The Supreme Court held therein that a divorce decree validly
obtained by an alien spouse is valid in the Philippines, and consequently, the Filipino
spouse is capacitated to remarry under Philippine Law.

ANALYSIS AND RECOMMENDATION

Thus, taking analysis into consideration the legislative intent and applying the
rule of reason, Paragraph 2 of Article 26 of the Family Code of the Philippines would
clearly apply to your case. Yes, W can still contract marriage in the Philippines.