Grounds for Void Marriages (FC ART.

35):

1. Below 18 years old (incapacitated)

2. Solemnized by person not authorized

Exception: unless good faith is present, either or both parties, believing that the solemnizing
office has the authority

3. Solemnized without a Marriage License

Exception: Art. 34 If the parties have lived together as husband and wife for at least 5 years
without legal impediments to marry each other.
o Continuous, unbroken and exclusive cohabitation
o No impediments at the time of their marriage ceremony
o Have attained legal age

4. Bigamous or Polygamous Marriages

Exception: FC Art. 41 or those allowed by special laws like the Muslim Code

5. Mistake of Identity of a party when contracted

6. Subsequent Marriages that are void under Art. 53/ in rel. to Art. 40
Subsequent marriages without any of the

ffl: (Art. 40) (Void for failure to comply)

a.) Judicial Declaration of Nullity

b.) Dec. is registered under Local Civil Registrars
The liquidation, partition and distribution of property is not registered under Registry of
Property

7. Psychological Incapacity (Art. 36)

Psychological incapacity must be present at the time of the ceremony, but can be manifested
later on during the marriage

Characterized by:
a. Gravity- it must be so serious that a party would be incapable of carrying the ordinary
duties req. in a marriage

Examples of obligations: to live together, observe love, respect, fidelity and render help
and support.

b. Judicial Antecedence- rooted in history of the party attending the marriage, although
the overt act manifests after the marriage
 c. Incurability- Cure will be beyond the means of the party involved

NOTES:
Just because a person is psychologically incapacitated with his present spouse, this would be the
same with any other person

Proven by indicators or external manifestations

8. Incestuous Marriages (Art. 37) and marriages against public policy (Art. 38)