Persons & Family Relations

The Family Code – Marriage1

[Follow the Outline]

Part One
Modified True or False. Consider the statement true only when it is absolutely true.
Part Two
Choose the best answer.

Part Three
Give direct and concise but complete answers.
Cite authorities, if any.

1. If the marriage was solemnized in 1988 without a marriage settlement having been
executed, what will be the property regime of the spouses?

It will depend upon when the marriage was solemnized in 1988. If the marriage
was solemnized before August 3, the Civil Code will be observed and it provides
in Art. 119, in absence of marriage settlements, the system of relative community
or conjugal partnership of gains shall govern. However, if the marriage was on
August 3 or after, the Family Code shall be applied and the regime of absolute
community will govern the property relations.

2. What is the purpose of marriage?

Art. 1 of the Family Code provides that marriage is for the establishment of
conjugal and family life. Conjugal in a sense that marriage may be entered into by
a man and a woman not for procreation, but companionship and family life is for
the creation of offspring.

3. Distinguish marriage from an ordinary contract?

The distinctions between contract of marriage from an ordinary contract are as follows:
1. Contract of Marriage is a special contract and as a social institution governed by
law on marriage while ordinary contract is merely a contract governed by law on
contract..
 2. Contract of Marriage is not subject to stipulations except in property relation
(marriage settlement) whereas ordinary contract is subject to stipulations by
parties.
3. Contract of Marriage can be dissolved only by death or annulment not by mutual
agreement while Ordinary Contract can be ended by mutual agreement and by
other legal causes.
4. Parties in contract of marriage must be only between man and woman whereas an
ordinary contract can have two or more parties regardless of gender.
5. Contract of marriage is a permanent union while in ordinary contract, parties can
fix a period for its efficacy to be ineffective after a period of time.

4. Marvin, a Filipino, and Shelley, an American, both residents of California, decided to get
married in their local parish. Two years after their marriage, Shelley obtained a divorce in
California. While in Boracay, Marvin met Manel, a Filipina, who was vacationing there. Marvin
fell in love with her. After a brief courtship and complying with all the requirements, they got
married in Hongkong to avoid publicity, it being Marvin’s second marriage. Is this marriage to
Manel valid? Explain.
Yes. It is valid if the marriage in Hongkong is in accordance with the formalities as
required in that place to be valid (Lex Loci celebrationis). Article 26 of Family Code provides
that All marriages solemnized outside the Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.

5. In 1989, Maris, a Filipino citizen, married her boss Johnson, An American citizen, in
Tokyo in a wedding ceremony celebrated according to Japanese laws. One year later, Johnson
returned to his native Nevada, and he validly obtained in that state an absolute divorce from his
wife Maris.

After Maris received the final judgment of divorce, she married her childhood sweetheart Pedro,
also a Filipino citizen, in a religious ceremony in Cebu City, celebrated according to the
formalities of Philippine law. Pedro later left for the United States and became naturalized as an
American citizen. Maris followed Pedro to the United States, and after a serious quarrel, Maris
filed a suit and obtained a divorce decree issued by the court in the state of Maryland.

Maris then returned to the Philippines and in a civil ceremony celebrated in Cebu City according
to the formalities of Philippine law, she married her former classmate Vincent likewise a Filipino
citizen.

a) Was the marriage of Maris and Johnson valid when celebrated? Is their marriage
still validly existing now? Reasons.

QUAMTO:
The marriage of Maris and Johnson was valid when celebrated because all marriages solmenized outside the
Philippines (Tokyo) in accordance with the laws in force in the country where they are solemnized (Japan), and
valid there as such, are also valid in the Philippines.

Their marriage no longer validly subsists, because it has been dissolved by the absolute divorce validly obtained by
Johnson which capacitated Maris to remarry (Art. 26, FC).

b) Was the marriage of Maris and Pedro valid when celebrated? Is their marriage
still validly existing now? Reasons.
The marriage of Maris and Pedro was valid when celebrated because the divorce validly obtained by Johnson in
Manila capacitated Maris to marry Pedro.

Their marriage no longer validly subsists because the marriage has been validly dissolved by the Maryland
divorce. In the case of Republic vs. Manalo, the SC ruled that Paragraph 2 of Article 26 speaks of “a divorce x x x
validly obtained abroad by the alien spouse capacitating him or her to remarry”. Based on a clear and plain
reading of the provision, it only requires that there be a divorce validly obtained abroad. The letter of the law
does not demand that the alien spouse should be the one who initiated the proceeding wherein the
divorce decree was granted. It does not distinguish whether the Filipino spouse is the petitioner or the
respondent in the foreign divorce proceeding.

c) Was the Marriage of Maris and Vincent valid when celebrated? Is their marriage
still validly existing now? Reasons.

The marriage of Maris and Vincent is valid because the former marriage of Maris to Pedro was validly dissolved by
the Maryland Divorce regardless if it was Maris who initiated the proceeding (Manalo case again). Hence,
capacitating Maris to validly marry Vincent.

d) At this point in time, who is the lawful husband of Maris? Reasons.

At this point in time, Vincent is the lawful husband of Maris because their valid marriage has not been dissolved by
any valid cause (Art. 26, FC).

6. What is the status of the following marriages and why?

(a) A marriage between two Filipino first cousins in Spain where such marriage is
valid.
QUAMTO:

Marriage is void by reason of public policy. The marriage between Filipino first cousins is void (Art. 38, par. 1, FC),
and the fact that it is considered a valid marriage in a foreign country in this case, Spain— does not validate it,
being an exception to the general rule in Art. 26 of said Code which accords validity to all marriage solemnized
outside the Philippine x x x and valid there as such.

(b) A marriage between two Filipinos in Hong Kong before a notary public.
Qualify. The Civil Code provides that if the marriage before the notary public is valid under Hongkong Law, the
marriage is valid in the Philippines. (Art. 17, NCC) Otherwise, the marriage that is invalid in Hongkong will be
invalid in the Philippines.
7. Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage,
Wilma fell in love with Joseph. Thus, Wilma went to a small country in Europe, became a
naturalized citizen of that country, divorced Harry, and married Joseph. A year thereafter, Wilma
and Joseph returned and established permanent residence in the Philippines.

a. Is the divorce obtained by Wilma from Harry recognized in the Philippines?

Explain your answer. Yes, the divorce decree obtained by Wilma from Harry may be
recognized here in the Philippines if what Wilma successfully obtained is an
absolute divorce decree, which allows her to remarry under the law of the country
where she initiated the divorce proceedings. Additionally, it may only be recognized
if it is the Filipino spouse who will petition the Philippine court to judicially
recognize him/her capacitated to remarry under Philippine law. In this case, it is not
mentioned whether Harry is a Filipino or not.

b. If Harry hires you as his lawyer, what legal recourse would you advise him to
take? Why? Assuming Harry is a Filipino, I will advise him to file first a petition for
legal separation under Art. 55(7) which provides for cause of legal separation, i.e.,
contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad. This is because the divorce decree Wilma obtained from
Harry is not an absolute divorce decree capacitating her to remarry. Therefore,
Wilma is still married to Harry under Philippine law.

c. Harry tells you that he has fallen in love with another woman, Elizabeth, and
wants to marry her because, after all, Wilma is already married to Joseph. Can Harry
legally marry Elizabeth? Explain. No, assuming Harry is a Filipino, because the
divorce decree Wilma obtained from Harry is not precisely an absolute divorce
decree capacitating her to remarry. Therefore, Wilma is still married to Harry
under Philippine law.

8. Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later
worked in Rome where he acquired Italian citizenship. He got a divorce from
Helen in Rome but, on returning to the Philippines, he realized his mistake,
asked forgiveness of his wife, and resumed living with her. They had 2 more
children. What is the status of their 4 children?
- The children born before the divorce are legitimate, children born after the
divorce acquired by Arthur when he had ceased to be a Filipino shall be
considered illegitimate.
- Suggestion: All the four (4) children of Arther and Helen are legitimate
because children conceived or born during the marriage of the parents are
legitimate (Art. 164, FCP). Here, the divorce decree Arthur obtained in
 Rome is not an absolute divorce decree capacitating him/her to remarry;
therefore, they are still married under Philippine law.

9. Gigi and Ric, Catholics, got married when they were 18 years old. Their marriage was
solemnized on August 2, 1989 by Ric’s uncle, a Baptist Minister, in Calamba, Laguna. He
overlooked the fact that his license to solemnize marriage expires the month before and that the
parties do not belong to his congregation. After 5 years of married life and blessed with 2
children, the spouses developed irreconcilable differences, so they parted ways.
While separated, Ric fell in love with Juliet, a 16 year-old sophomore in a local
college and a Seventh-Day Adventist. They decided to get married with the
consent of Juliet’s parents. She presented to him a birth certificate showing she is
18 years old. Ric never doubted her age much less the authenticity of her birth
certificate. They got married in a Catholic church in Manila. A year after, Juliet
gave birth to twins, Aissa and Aretha.
(1) What is the status of the marriage between Gigi and Ric – valid, voidable or
void? Explain.
- The marriage between Gigi and Ric is valid because although the authority of the
solemnizing officer is one of the formal requirements of marriage, it admits an exception
and that is when one or both of the parties believe in good faith that the solemnizing
officer had the legal authority to do so (Art. 35 (2))
- Suggestion: Valid, because both parties cohabited freely as husband and wife
after 5 years in which they attained the age over twenty-one from the date
they contracted a voidable marriage, that is, due to absence of parental
consent when they married at the age of eighteen. (Art. 45(1), FCP).
(2) What is the status of the marriage between Ric and Juliet – valid, voidable or
void? Explain.
- The marriage of Ric and Juliet is void, there are 2 possible situations. If Ric and Juliet
decided to get married when Juliet was still under 18 years old it is void because Art.
35(1) provides that the marriage contracted by any party below eighteen years of age
even with the consent of parents shall be void. On the second scenario, even if Ric and
Juliet waited and their marriage was consummated when Juliet was already at least 18
years old together with the consent of her parents, the marriage will still be void under
Art. 35 (4) because it will be a bigamous marriage since Ric’s 1 st marriage with Gigi was
not annulled.
- Suggestion: Void for being bigamous not falling under Art. 41 of the FCP
(Art. 35(4), FCP). The marriage between Gigi and Ric is still valid and so a
subsequent marriage between Ric and Juliet during the subsistence of a prior
marriage of Ric is bigamous. Moreover, Juliet is not yet capacitated to
contract marriage because he is not yet eighteen years or upwards (Art. 5 in
relation to Art. 35(1), FCP).
(3) Suppose Ric himself procured the falsified birth certificate to persuade Juliet
to marry him despite her minority and assured her that everything is in order. He
did not divulge to her his prior marriage with Gigi. What action, if any, can Juliet
take against him? Explain.
- Juliet can file for a declaration of nullity of marriage to invalidate the marriage of
Juliet to Ric and she can also seek for the liquidation, partition and distribution of
their properties, seek the custody and support for their twins and deliver their
presumptive legitime as provided in Article 50
- Suggestion: Civil action for the declaration of absolute nullity of marriage
under Art. 35(1) because the law provides that marriages contracted by any
party below eighteen years of age even with the consent of parents or
guardians shall be void from the beginning, and under Art. 35(4) because the
 marriage is bigamous considering that Ric is still married with Gigi when she
and Ric contracted marriage.
(4) If you were the counsel for Gigi, what action/s will you take to enforce and
protect her interests? Explain.
- If I were the counsel of Gigi I will file a criminal case of Bigamy against Ric
because the marriage between Ric and Gigi is still valid and that the subsequent
marriage of Ric to Juliet is bigamous
- Legal separation under Art. 55(7) of the FCP which provides that
contracting by the respondent of a subsequent bigamous marriage, whether
in the Philippines or abroad is a valid ground for a petition for legal
separation. Here, Ric contracted a subsequent marriage even during the
subsistence of his marriage with her.
-

10. Suppose the couple got married on September 1, 1994 at the Manila Hotel before the
Philippine Consul General to Hong Kong, who was on vacation in Manila. The couple executed
an affidavit consenting to the celebration of the marriage at the Manila Hotel. Is the marriage
valid?

My Suggested Answer:
No. A Philippine consul is authorized by law to solemnize marriages abroad between Filipino
citizens. He has no authority to solemnize a marriage in the Philippines. Unless either or both of
the contracting parties believed in good faith that the consul general had authority to solemnize
their marriage in which case the marriage is valid.

11. A and B, both 18 years old, were sweethearts studying in Manila. On August 3, 1988,
while in first year college, they eloped. They stayed in the house of a mutual friend in town X,
where they were able to obtain a marriage license. On August 30, 1988, their marriage was
solemnized by the town mayor of X in his office. Thereafter, they returned to Manila and
continued to live separately in their respective boarding houses, concealing from their parents,
who were living in the province, what they had done. In 1992, after graduation from college, A
and B decided to break their relation and parted ways. Both went home to their respective towns
to live and work.

Was the marriage of A and B solemnized on August 30, 1988 by the town mayor of X in
his office a valid marriage? Explain your answer.
-

12. On May 1, 1975, Facundo married Petra, by whom he had a son Sotero. Petra died on
July 1, 1996, while Facundo died on January 1, 2002. Before his demise, Facundo had married,
on July 1, 2000, Querica. Having lived together as husband and wife since July 1, 1990,
Facundo and Querica did not secure a marriage license but executed the requisite affidavit for
the purpose.
To ensure that his inheritance rights are not adversely affected by his father’s
second marriage, Sotero now brings a suit to seek a declaration of the nullity of
the marriage of Facundo and Querica, grounded on the absence of a valid
marriage license. Querica contends that there was no need for a marriage license
 in view of her having lived continuously with Facundo for five years before their
marriage and that Sotero has no legal personality to seek a declaration of nullity
of the marriage since Facundo is now deceased.
Is the marriage of Facundo and Querica valid, despite the absence of a marriage
license? Explain.
Does Sotero have the personality to seek a declaration of nullity of the marriage,
especially now that Facundo is already deceased? Explain.

13. On Valentine’s Day, 1996, Elias and Fely, both single and 25 years of age, went to the
city hall where they sought out a fixer to help them obtain a quickie marriage. For a fee, the
fixer produced an ante-dated marriage license for them, issued by the Civil Registrar of a small
remote municipality. He then brought them to a licensed minister in a restaurant behind the city
hall, and the latter solemnized their marriage right there and then. Is the marriage valid, void or
voidable? Explain.
Ans: The marriage is valid. The marriage license is validly obtained because it was in fact
issued by a Civil Registrar as one of the formal requisites required under Article 3, FC. The
irregularities (non-publication, lack of parental advice, and lack of certificate of marriage
counselling) in the issuance of a valid license, as a formal requisite, does not adversely
affect the validity of the marriage, however, the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable under Article 4, FC.

14. What is the effect of the absence of a marriage certificate?

The marriage will still be VALID.. Under Art.6, it is only the appearance of the contracting
parties before the solemnizing officer required by this article that is a formal requisite of
marriage under Art.. 3 (3), so that in the absence of such the marriage is void. Failure to comply
with the marriage certificate is a mere irregularity that do not affect the validity of such marriage.

15. Distinguish jurisdiction from venue?

Jurisdiction deals with the authority of a court to exercise judicial power, while venue deals with
the place where that power should be exercised. Venue is procedural while jurisdiction is
substantive. In Civil cases, Venue may be waived while jurisdiction is not.

16. What is effect if the marriage was solemnized outside the jurisdiction of the court?

My Suggested Answer:
Where a judge solemnizes a marriage outside of his court’s jurisdiction, there is a resultant
irregularity in the formal requisite laid down by Article 3, FC. This irregularity does not affect
the validity of the marriage but subjects the solemnizing official to administratively liability.
17. What is effect if the marriage was solemnized by a judge in a beach front? Valid. Article
8 of the Family Code provides that marriage may be solemnized in a place designated by the
parties providing that both parties requested it in writing to the solemnizing officer.

18. QR and TS who had a marriage license requested a newly appointed Judge in
Manila to marry them on the beach of Boracay. Since the Judge maintained
Boracay as his residence, he agreed. The sponsors were all public officials.
What is the status of the marriage?

19. Roderick and Faye were high school sweethearts. When Roderick was 18 and
Faye, 16 years old, they started to live together as husband and wife without the benefit
of marriage. When Faye reached 18 years of age, her parents forcibly took her back and
arranged for her marriage to Brad. Although Faye lived with Brad after the marriage,
Roderick continued to regularly visit Faye while Brad was away at work. During their
marriage, Faye gave to a baby girl, Laica. When Faye was 25 years old, Brad discovered
her continue liaison with Roderick and in one of their heated arguments, Faye shot Brad
to death. She lost no time in marrying her true love Roderick, without a marriage license,
claiming that they have been continuously cohabiting for more than 5 years.

Was the marriage of Roderick and Faye valid?

20. In 1985, Sonny and Lulu, both Filipino citizens, were married in the Philippines. In
1987, they separated, and Sonny went to Canada, where he obtained a divorce in the same year.
He then married another Filipina, Auring, in Canada on January 1, 1988. They had two sons,
James and John. In 1990, after failing to hear from Sonny, Lulu married Tirso, by whom she had
a daughter, Verna. In 1991, Sonny visited the Philippines where he succumbed to heart attack.

Discuss the effect of divorce obtained by Sonny and Lulu in Canada.

Ans: The divorce obtained by Sonny in Canada was not valid because he and his wife were
both Filipino citizens. Article 15, NCC provides laws relating to family rights and duties or
status, condition and legal capacity of persons are binding upon Filipinon Citizen even
though living abroad. Thus, divorce between a Filipino couple is not valid under Philippine
law even though they are living abroad.

Explain the status of the marriage between Sonny and Auring.

Ans: Since the divorce obtained by Sonny was void, his marriage to Auring is necessarily
void ab initio because of his subsisting marriage to Lulu under Art. 41, FC.

21. A and B, both 18 years old, were sweethearts studying in Manila. On August 3,
1988, while in first year college, they eloped. They stayed in the house of a
mutual friend in town X, where they were able to obtain a marriage license. On
 August 30, 1988, their marriage was solemnized by the town mayor of X in his
office. Thereafter, they returned to Manila and continued to live separately in
their respective boarding houses, concealing from their parents, who were living
in the province, what they had done. In 1992, after graduation from college, A
and B decided to break their relation and parted ways. Both went home to their
respective towns to live and work.

a) Was the marriage of A and B solemnized on August 30, 1988 by the town
mayor of X in his office a valid marriage? Explain your answer.

ANS: 1) The marriage of A and B is void because the solemnizing officer had no
legal authority to solemnize the marriage. But if either or both parties believed in
good faith that the solemnizing officer had the legal authority to do so, the
marriage is voidable because the marriage between the parties, both below 21
years of age, was solemnized without the consent of the parents. (Art. 35, par. (2)
and Art. 45 par. (1), Family Code)

b) Can either or both of them contract marriage with another person without
committing bigamy? Explain your answer.

ANS: 2) Either or both of the parties cannot contract marriage in the Philippines
with another person without committing bigamy, unless there is
compliance with the requirements of Article 52 Family Code, namely:
there must be a judgment of annulment or absolute nullity of the marriage,
partition and distribution of the properties of the spouses and the delivery
of their children’s presumptive legitimes, which shall be recorded in the
appropriate Civil Registry and Registry of Property, otherwise the same
shall not affect third persons and the subsequent marriage shall be null and
void. (Arts. 52 and 53, Family Code)

ALTERNATIVE ANSWER:

2) Yes, they can. The subsequent marriage contracted by one of the parties
will not give rise to bigamy even in the absence of a court declaration of
nullity of the first marriage. The subsistence of a prior valid marriage is an
indispensable element of the crime of bigamy. The prior court declaration
of nullity of the first marriage is required by the Family Code only for the
purpose of the validity of the subsequent marriage, not as an element of
the crime of bigamy.

22. Ana Rivera had a husband, a Filipino citizen like her, who was among the
passengers on board a commercial jet plane which crashed in the Atlantic Ocean
ten(10) years earlier and had never been heard of ever since. Believing that her
husband had died, Ana married Adolf Cruz Staedtler, a divorcee with a German
father and a Filipino mother residing in Stuttgart. To avoid being required to
submit the required certificate of capacity to marry from the German Embassy in
Manila, Adolf stated in the application for marriage license that he was a Filipino
citizen. With the marriage license stating that Adolf was a Filipino, the couple got
married in a ceremony officiated by the Parish Priest of Calamba, Laguna in a
beach in Nasugbu, Batangas, as the local parish priest refused to solemnize
marriages except in his church. Is the marriage valid? Explain fully. (5%)
The issue hinges on whether or not the missing husband was dead or alive at the time of the
second marriage.
If the missing husband was in fact dead at the time the second marriage was celebrated, the
second marriage was valid. Actual death of a spouse dissolves the marriage ipso facto whether
or not the surviving spouse had knowledge of such fact. A declaration of presumptive death
even if obtained will not make the marriage voidable because presumptive death will not prevail
over the fact of death.

If the missing husband was in fact alive when the second marriage was celebrated, the second
marriage was void ab initio because of a prior subsisting marriage. Had Ana obtained a
declaration of presumptive death the second marriage would have been voidable.

In both cases, the fact that the German misrepresented his citizenship to avoid having to
present his Certificate of Legal Capacity, or the holding of ceremony outside the church or
beyond the territorial jurisdiction of the solemnizing officer, are all irregularities which do not
affect the validity of the marriage.

23. X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license
issued by the Philippine consul in Los Angeles, acting as Civil Registrar. X and Y
did not know that they were first cousins because their mothers, who were
sisters, were separated when they were quite young. Since X did not want to
continue with the relation when he heard of it, he left Y, came to the Philippines
and married Z. Can X be held liable for bigamy?

Answer: Yes, because a judicial declaration for nullity of marriage must first be obtained
by X before contracting a subsequent marriage, as provided by Art. 39 FC.

24. Gemma filed a petition for the declaration of nullity of her marriage with Arnell
on the ground of psychological incapacity. She alleged that after 2 months of
their marriage, Arnell showed signs of disinterest in her, neglected her and went
abroad. He returned to the Philippines after 3 years but did not even get in touch
with her. Worse, they met several times in social functions but he snubbed her.
When she got sick, he did not visit her even if he knew of her confinement in the
hospital. Meanwhile, Arnell met an accident which disabled him from reporting
for work and earning a living to support himself.
Will Gemma’s suit prosper? Explain. 5%
Answer:

Gemma’s suit will not prosper.

 The acts of Arnell complained about do not by themselves constitute psychological
incapacity. It is not enough to prove the commission of those acts or the existence
of his abnormal behaviour. It must be shown that those acts or that behaviour was
manifestation of a serious mental disorder and that it is the root cause why he was
not able to perform the essential duties of married life. It must also be shown that
such psychological incapacity, as manifested in those acts or that behaviour, was
existing at the time of the celebration of the marriage.

In this case, there was no showing that Arnell was suffering from a manifestation of that
disorder, and that such disorder prevented him from complying with his duties as
a married person.

25. You are a Family Court judge and before you is a Petition for the Declaration of
Nullity of Marriage (under Article 36 of the Family Code) filed by Maria against Neil.
Maria claims that Neil is psychologically incapacitated to comply with the essential
obligations of marriage because Neil is a drunkard, a womanizer, a gambler, and a
mama’s boy — traits that she never knew or saw when Neil was courting her. Although
summoned, Neil did not answer Maria’s petition and never appeared in court.

To support her petition, Maria presented three witnesses — herself, Dr. Elsie Chan, and
Ambrosia. Dr. Chan testified on the psychological report on Neil that she prepared. Since
Neil never acknowledged nor responded to her invitation for interviews, her report is
solely based on her interviews with Maria and the spouses’ minor children. Dr. Chan
concluded that Neil is suffering from Narcissistic Personality Disorder, an ailment that
she found to be already present since Neil’s early adulthood and one that is grave and
incurable. Maria testified on the specific instances when she found Neil drunk, with
another woman, or squandering the family’s resources in a casino. Ambrosia, the
spouses’ current household help, corroborated Maria’s testimony.

On the basis of the evidence presented, will you grant the petition?

If I were the judge, I will not grant the petition. Although psychological incapacity
has not been defined by the Family Code, the Supreme Court in several cases
(Republic vs. San Jose - February 28, 2007; Zamora v. CA an Zamora G.R. No.
141917 February 7, 2007; Benjamin Ting v. Carmen Ting G.R. No. 166562;
March 31, 2009) has ruled that the intendment of the law is to confine
psychological incapacity to the most serious cases of personality disorders clearly
demonstrative of an utter insensitivity or inability to give meaning and
significance to the marriage. What the law requires is downright incapacity and
not refusal or neglect or difficulty but a failure to perform essential marital
obligations due to causes psychological in nature.

Further, the presentation of expert proof presupposes a thorough and in- depth
assessment of the parties by the psychologist or expert for a conclusive diagnosis
of grave, severe, and incurable presence of psychological incapacity. (Paz vs. Paz
– February 18, 2010) In this case, the report of Dr. Chan is solely based on her
interviews with Maria and the children. She did not actually hear, see and evaluate
Neil. Hence, the report cannot constitute a reasonable basis to reach a conclusion
as to Neil’s psychological incapacity.

26. Write “TRUE” if the statement is true or “FALSE” if the statement is false. If the
statement is FALSE, state the reason.

Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met
David and they got married when she was already 20 years old. David had a son
Julian, with his ex-girlfriend Sandra. Julian and Thelma can get married.

TRUE. Relationships outside Arts. 37 and 38 are not impediments to

marriage, like:

(1) Brother-in-law and sister-in-law

(2) Stepbrother and stepsister
(3) Guardian and ward
(4) Adopted and illegitimate child of the adopter
(5) Adopted son of the husband, and adopted daughter of the wife;
(6) Parties who have been convicted of adultery and concubinage

27. Despite several relationships with different women, Andrew remained unmarried.
His first relationship with Brenda produced a daughter, Amy, now 30 years old. His
second, with Carla, produced two sons: Jon and Ryan. His third, with Donna, bore him
two daughters: Vina and Wilma. His fourth, with Elena, bore him no children although
Elena has a daughter Jane, from a previous relationship. His last, with Fe, produced no
 biological children but they informally adopted without court proceedings, Sandy, now
13 years old, whom they consider as their own. Sandy was orphaned as a baby and was
entrusted to them by the midwife who attended to Sandy’s birth. All the children,
including Amy, now live with Andrew in his house.

Can Jon and Jane legally marry?

YES, Jon can legally marry Jane. The Family Code only prohibits incestuous marriage under
Article 37 between brothers and sisters, whether half or full blood and Article 38 by reason of
Public Policy. In the present case, Jon is an illegitimate child of Andrew with Carla while Jane is
not a child of Andrew with Fe. Thus, the relationship between Andrew and Jane does not fall
under Articles 37 and 38 which makes their marriage valid.

28. Cesar and Baby contracted marriage on June 15, 1983. A year later, Baby bore a
child, “X”. The following year, the couple acquired a car and a residential lot in Metro
Manila. On September 1, 1988, the marriage was declared void from the beginning by a
competent court because Cesar was below 16 years of age at the time of the marriage.
Sometime in December, 1988, Cesar met Rosa with whom he fell in love. Cesar married
Rosa on January 15, 1989. On September 1, 1989, Rosa gave birth prematurely to a
child, “Y”. Is the marriage of Cesar and Rosa valid? What is the status of the child “Y”?
Give your reasons.

ANS: If there was a liquidation of the properties of the first marriage and the presumptive
legitime of X was duly delivered, then the second marriage is valid. If there was no such
compliance, then the second marriage is void. Y is legitimate, because he was born a full
year after the termination of the first marriage and during the second marriage.

ALTERNATIVE ANSWER:
The Family Code requires the registration of the judgment of nullity, the partition of the
properties, and the delivery of legitimes to be made with the appropriate civil registry and
registries of property. Further, it provides that failure to comply with the said requirement
shall render a subsequent marriage of any of the parties null and void. If there was such a
recording, then the marriage is valid. Nevertheless, Y is a legitimate child, because it was
born during the marriage of Cesar and Rosa.

29. If the first marriage is void, can the spouse who contracted a subsequent marriage be held
criminally liable for bigamy?

It depends. If the spouse who contracted a subsequent marriage obtained first the
declaration of nullity of a marriage before the subsequent marriage, he or she may not be
liable for bigamy. However, if the spouse contracted the subsequent marriage without
first complying with the declaration of nullity of a marriage, he or she may be held liable
for bigamy. A judicial declaration of nullity is required before a valid subsequent
marriage can be contracted.

29. If the first marriage is void, can the spouse who contracted a subsequent marriage
be held criminally liable for bigamy if there was failure to comply with Art. 40 of the
FC?

Yes. For purpose of remarriage, even if the prior marriage is void ab initio a
judicial declaration of its nullity is required before a subsequent marriage can be
contracted, otherwise, the subsequent marriage is in itself void ab initio and the second
marriage is contracted during the existence of the first marriage resulting in the crime of
bigamy.

30. If the second marriage is void, can the spouse who contracted a subsequent
marriage be held criminally liable for bigamy?

No. For bigamy to exist, it requires that the first marriage is valid or at least annullable
and not void from the beginning. Also, the subsequent marriage would have been valid
had it not been rendered bigamous. Thus, if the second marriage is also void for other
grounds than bigamy, there is no crime of bigamy.

31. What is the status of the following marriages and why?

(a) A marriage between two 19-year olds without parental consent.
Voidable. As expressly provided by the FC, in case either or both of the
contracting parties, not having been emancipated by a previous marriage, are
between the ages of eighteen and twenty-one, they shall, in addition to the other
requirements, obtain the consent of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order mentioned. Failure
to secure such consent shall suspend the issuance of their marriage license for a
period of three months from the completion of the application. Thus, absence of
such marriage license is an irregularity on one of the formal requisites of marriage
making such marriage voidable.
(b) A marriage between two 21-year olds without parental advice.
Voidable. Either or both of the parties between the ages of twenty-one and
twenty-five must also secure parental advice as a requirement in obtaining a valid
marriage license from the local civil registrar. Absence of such parental advice
shall also suspend the issuance of a marriage license, which is one of the formal
 requisites of marriage. Absence of such marriage license is an irregularity on one
of the formal requisites of marriage making such marriage voidable.

32. Manuel came to Manila and married Marianne. Unknown to Marianne,

Manuel had been previously convicted in Palawan of theft and served time for it.
After Marianne learned of his previous conviction, she stopped living with him.
Can Marianne seek the annulment of the marriage based on Manuel’s non-
disclosure of his previous crime?

Yes, since the non-disclosure of that crime is the equivalent of fraud, which
is a ground for annulment - Art 46 (theft is a crime involving moral turpitude.
33. Fidel, a Filipino with fair complexion, married Gloria. Before the marriage,
Gloria confessed to Fidel that she was two-month pregnant with the child of a
black African who had left the country for good. When the child was born, Fidel
could not accept it being too black in complexion. What is the status of the child?
The status of the child is legitimate because the child was born within a valid
marriage. There was no concealment by the wife of the fact that she was
pregnant by a man other than her husband.

34. Bert and Baby were married to each other on December 23, 1988. Six months
later, she discovered that he was a drug addict. Efforts to have him rehabilitated
were unsuccessful.
Can Baby ask for annulment of marriage, or legal separation? Explain.
No. Baby cannot ask for annulment of her marriage or for her legal separation because
both these actions had already prescribed.

While concealment of drug addiction existing at the time of marriage constitutes

fraud under Art. 46 of the FC which makes the marriage voidable under Art. 45
of the FC, the action must, however, be brought within 5 years from the
discovery thereof under Art. 47(3), FC. Since the drug addiction of Bert was
discovered by Baby in June 1989, the action had already prescribed in June of
1994.

Although drug addiction is a ground for legal separation under Art. 55(5) and Art.
57 of the FC requires that the action must be brought within 5 years from the
occurrence of the cause. Since Bert had been a drug addict from the time of the
celebration of the marriage, the action for legal separation must have been
brought not later than 23 December 1993. Hence, Baby cannot, now, bring the
action for legal separation. (1996 Bar)
 35. Write “TRUE” if the statement is true or “FALSE” if the statement is false. If the
statement is FALSE, state the reason.

The day after John and Marsha got married, John told her that he was impotent. Marsha
continued to live with John for 2 years. Marsha is now estopped from filing an annulment
case against John.

False. Article 47 paragraph 5 in relation to Article 47 paragraph 5 of Family Code,

provides that if the party was incapable of consummating the marriage with the other, and
such incapacity continues and appears to be incurable, the injured party may file an
action for annulment within 5 years after the marriage. In this case, since it is just 2 years
since the celebration of marriage, Marsha has 3 more years to file an annulment case.

36. Emmanuel and Margarita, American citizens and employees of the U.S. State
Department, got married in the African state of Kenya where sterility is a ground for
annulment of marriage. Thereafter, the spouses were assigned to the U.S. Embassy in Manila.
On the first year of the spouses’ tour of duty in the Philippines, Margarita filed an annulment
case against Emmanuel before a Philippine court on the ground of her husband’s sterility at
the time of the celebration of the marriage.

a. Will the suit prosper? Explain your answer.

No. Under Art. 15 of the Civil Code, laws relating to family rights and duties, or the
status, condition and legal capacity are binding on Filipino citizens. Emmanuel and
Margarita being American citizens are not subject to the Family Code and therefore
cannot seek to have their annulment under our laws.

b. Assume Emmanuel and Margarita are both Filipinos. After their wedding in
Kenya, they come back and take up residence in the Philippines. Can their marriage be
annulled on the ground of Emmanuel’s sterility? Explain.

No. Art. 45 of the Family Code does not provide for sterility as a ground for the
annulment of a marriage. Jurisprudence has also provided that sterility is not equivalent
to impotency.
 37. B and G, age 20 and 19, respectively, both single, eloped and got married to each
other without parental consent in the case of G, a teenaged student of an exclusive college
for girls. Three years later, her parents wanted to seek judicial annulment on that ground.
You were consulted and asked to prepare the proper complaint. What advice would you
give G’s parents? Explain your answer.

ANS: G himself should file the complaint under Article 45 of the Family Code, and no
longer the parents because G is already 22 years of age.

38. Yvette was found to be positive for HIV virus, considered sexually transmissible,
serious and incurable. Her boyfriend Joseph was aware of her condition and yet
married her. After two (2) years of cohabiting with Yvette, and in his belief that
she would probably never be able to bear him a healthy child, Joseph now wants
to have his marriage with Yvette annulled. Yvette opposes the suit contending
that Joseph is estopped from seeking annulment of their marriage since he knew
even before their marriage that she was afflicted with HIV virus.
Can the action of Joseph for annulment of his marriage with Yvette prosper?
Discuss fully.

No, Joseph knew that Yvette was HIV positive at the time of the marriage. He is, therefore, not
an injured party. The FC gives the right to annul the marriage only to an injured party [Art. 47
(5), FC].

39. Josie, 18, married Dante, 25, without her parents’ knowledge and consent, and
lived with him. After a year, Josie returned to her parents’ home, complained of
the unbearable battering she was getting from Dante, and expressed a desire to
have her marriage with him annulled. Who may bring the action?
Answer: Only Josie may bring action for the annulment of marriage based on Art. 45
paragraph 1.

40. Conrad and Linda, both 20 years old, applied for a marriage license, making it
appear that they were over 25. They married without their parents’ knowledge
before an unsuspecting judge. After the couple has been in cohabitation for 6
years, Linda’s parents filed an action to annul the marriage on ground of lack of
parental consent. Will the case prosper?
 No, since only the couple can question the validity of their marriage after they became 21
of age; their cohabitation also convalidated the marriage.

41. If one or both contracting parties were between 18 and 21 and the marriage was
solemnized without the consent of the parents, may the action for annulment prosper if
the parents gave consent after the marriage?

Yes, the action for annulment will prosper even if their parents consented them
after the solemnization of their marriage.

Under the law, the parents cannot ratify the marriage of their children. In this case,
the status of the marriage of the contracting parties is still voidable. A contracting
party who failed to obtain parental consent can only be ratified by the
contracting parties through free cohabitation after attaining the age of 21.

42. Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to
question the validity of their marriage two years after the intimidation ceased,
Judy decided in the meantime to freely cohabit with Baldo. After more than 5
years following their wedding, Judy wants to file a case for annulment of
marriage against Baldo on ground of lack of consent. Will her action prosper?

No. The action will not prosper. It is provided for under Article 45, that a marriage may
be annulled for any of the following causes, existing at the time of the
marriage: (4) That the consent of either party was obtained by force,
intimidation or undue influence, unless the same having disappeared or
ceased, such party thereafter freely cohabited with the other as husband and
wife; in this case, Judy by deciding to freely cohabit with Baldo instead of
filing the action for annulment, has ratified the marriage.

43. Maria and Luis, both Filipinos, were married by a Catholic priest in Lourdes
Church, Quezon City in 1976. Luis was drunk on the day of his wedding. In
fact, he slumped at the altar soon after the ceremony. After marriage, Luis never
had a steady job because he was drunk most of the time. Finally, he could not get
employed at all because of drunkenness. Hence, it was Maria who had to earn a
living to support herself and her child begotten with Luis. In 1986, Maria filed a
petition in the church matrimonial court in Quezon City to annul her marriage
with Luis on the ground of psychological incapacity to comply with his marital
obligation. Her petition was granted by the church matrimonial court.

a) Can Maria now get married legally to another man under Philippine laws
after her marriage to Luis was annulled by the church matrimonial court?
Explain.
ANS: No, Maria cannot validly contract a subsequent marriage without a court
declaration of nullity of the first marriage.
 b) What must Maria do to enable her to get married lawfully to another man
under Philippine laws?

ANS: To enable Maria to get married lawfully to another man. she must obtain a
judicial declaration of nullity of the prior marriage under Article 36 Family Code.

44. Is there any law which allows the delivery to compulsory heirs of their
presumptive legitimes during the lifetime of their parents? If so, in what instances?

Yes. Article 50 of the Family Code requires that the final judgment of annulment
and declaration of nullity of marriage must provide for the partition and distribution of
the properties of the spouses, the custody and support of the common children, and the
delivery of their presumptive legitimes.

Article 51 of the Family Code further provides that the delivery of the
presumptive legitimes of all common children shall in no way prejudice the ultimate
successional rights of the children accruing upon the death of either or both of the
parents.

Based from these provisions, the compulsory heirs of parents whose marriage has
already been declared null and void or annulled may already receive their legitimes even
if their parents are still alive. This is an effect of the declaration of the marriage as void or
annulled.

45. X insured himself for P5 million, designating Y, his wife, as his sole beneficiary.
The designation was irrevocable. A few years later, X had their marriage annulled
in court on the ground that Y had an existing prior marriage. X subsequently died,
Is Y entitled to the insurance benefits?
No, X’s designation of Y is revoked by operation of law upon the
annulment of their marriage based on Y’s fault.