Article 45-54 of the Family Code Flashcards
According to Article 45 of the Family Code, a marriage may be annulled for any of the following causes, existing at the time of the marriage (Provide 6 grounds)
1) That the party in whose behalf it is sought to have the marriage annulled was 18 years old or over but below 21, & the marriage was solemnized without the consent of the parents, guardian, or person having substitute parental authority over the party, in that order, unless after attaining the age of 21, such party freely cohabited with the other & both have lived together as husband & wife;
2) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband & wife;
3) That the consent of either party was obtained by fraud, unless such party afterward, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband & wife;
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 & wife;
5) That either party was physically incapable of consummating the marriage with the other, & such incapacity continues & appears to be incurable;
6) That either party was afflicted with a sexually transmissible disease found to be serious & appears to be incurable.
Provide an example of “Non-Age”
A 20-year old boy married a 22-year-old girl. No parental consent was obtained by the man. The marriage is voidable.
May the parents ratify?
No, because this is not provided for under the law. Had this been an ordinary contract, and not a social institution, the answer would have been different.
Further elaborate on “unsoundness of mind” provide examples
(a) The parties must possess the mental capacity the law requires for the making of a will. The true test is whether the party concerned could intelligently consent; that is that he knew what contract he was entering into.
(b) Intoxication which results in a lack of mental capacity to give consent is equivalent to unsoundness of mind. So is somnambulism at the time of the wedding. Akin is unsoundness of mind due to drug addiction.
Further elaborate on “Fraud”
(a) In general there is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which without them, he would not have agreed to.
(b) But in marriage contracts, not all kinds of fraud make the marriage voidable. The fraud in marriage must be one of the enumerated in Article 46.
(c) How ratified – free cohabitation after full knowledge of the facts constituting the fraud.
Further elaborate on Force, Intimidation or Undue influence”
(a) Force or Violence – “There is violence when in order to wrest consent, serious or irresistible force is employed”
(b) Intimidation – “There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants, or ascendants, to give his consent”
(c) Undue influence - Control over ones will.
When is a threat not considered as one vitiating consent?
A threat to enforce one’s claim through the competent authority, if the claim is just or legal, does not vitiate consent.
Discuss Impotence and Physical incapacity
Impotence refers to lack of power of copulation and not to mere sterility. Although impotence carries with it sterility, a sterile person is not necessarily impotent.
Physical incapacity, as a ground for the annulment of a marriage, refers to impotency or the inability to perform the sexual act, not sterility or the inability to procreate
To who is the “Burden of proof” placed upon?
The burden of proof of impotency is upon the complainant (who must be the potent spouse) to prove that the impotency existed at the time of the wedding, that it still existed, and that it is incurable; and the pleadings must so state. This is because the presumption is in favor of the marriage. Impotency being an abnormal condition, should not be presumed. The presumption is in favor of potency. The lone testimony of the husband that his wife is physically incapable of sexual intercourse is, therefore, insufficient to tear as under the ties that have bound them together as husband and wife.
Doctrine of “Triennial Cohabitation”
If the wife still remains a virgin after living together with her husband for three years, the presumption is that the husband is impotent, and he will have to overcome this presumption. (Only in England and some courts in the US)
Can a refusal on the part of a man to submit to an examination raise presumption that the defendant is really impotent?
Yes
How voidable marriages may be ratified
In general free and voluntary cohabitation ratifies the voidable marriage. The period need not be long. However, the cohabitation “must be something more than mere living together in the same house or even occupying the same bed; it is the living together of the parties as husband and wife, including sexual relations
Is the proceeding for church annulment binding upon the state?
No, the church annulment proceeding, which is in accordance with the norms of canon law is not binding upon the State as the couple is still considered married to each other in the eyes of Civil Law.
Article 46
Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding article:
- Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude.
- Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.
- Concealment of a sexually transmissible disease, regardless of its nature, existing at the time of the marriage.
- Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism, existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune, or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
