rjjjE FAMILY CODE OF THE PHILIPPINES Art.

36

(b) Relative — Here, the prohibition is only with respect to

imm
. io> II.
lPf;: J
certain persons.
Mmm Chapter 3 Example: A brother cannot marry his sister. (See
Bowyer, Modern Civil Code, pp. 44-45)
VOID AND VOIDABLE MARRIAGES
Art. 35. The following marriages shall be void from the
INTRODUCTORY COMMENT: beginning:
(1) Those contracted by any party below eighteen years
(1) Distinctions between a Void and a Voidable Marriage
of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally
VOID VOIDABLE authorized to perform marriages unless such marriages were
(a) Can never be ratified (a) Can generally be ratified contracted with either or both parties believing in good faith
by free cohabitation. that the solemnizing officer had the legal authority to do so;
(b) Always void. (b) Valid until annulled. (3) Those solemnized without a license, except those
(c) Can be attacked
covered by the preceding Chapter;
directly (c) Cannot be assailed
or collaterally. collaterally; there must (4) Those bigamous or polygai ious marriages not
be a direct proceeding. falling under Article 41;
(d) There is no conjugal (d) There is a conjugal Those contracted through mistake of one
(5)
partnership a cor partnership. contracting party as to the identity of the other; and
ownership).
(6) Those subsequent marriages that are void under
Article 53.
Two Kinds
(a) Diriment impediments - They make the marriage VOID. COMMENT:
Examples: (1) "Void Marriages" Enumerated

1) Close blood relationship Art Larriages found in

Arts
2) Prior existing marriage
o declares unlawful the practice of matching
(1VJ?.: RA 6955
(b) Prohibitive impediments — They do not affect the validity
of the marriage, but criminal prosecution may follow. Filipino women Tor marriage to foreign nationals on a mail-order
similar practices, including the advertisement,
basis and other
publication, printing or distribution of brochures, fliers, and
(3) Another Classification of the Impediments n+.hpr nrnnncrnnfln materials in furtherance thereof.)

tarry at (2) QUERY

When rights?
]
be source of
A Can a void marriage a
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