Defective Marriages & Bigamous Marriages (2/3 MT) Flashcards
Discuss the doctrine in Pp v. Pulido
For purposes of criminal actions, even without judicial declaration of nullity, a void marriage is a defense in a bigamy case.
Q: What are the effects of marriage when;
- declared VOID under art. 40?
- declared ANNULLED under 45?
in both cases,
[Art. 50]
- citing Art. 43 (2, 3, 4, & 5) & citing Art. 44 shall apply to marriages void (art. 40) [and] marriages annulled (art. 45)
[Art. 52]
- partition & distribution of the properties of the spouses
- delivery of the children’s presumptive legitime
- recording in appropriate LCR [and] registry of properties
OTHERWISE, it will have no effect on third persons (new person who wants to marry the annulled person or person in a void ab initio marriage)
IOW, non-compliance would be as if the previous marriage still exists (even with DANM or Annulment) therefore subsequent marriage would be VOID
Art 40
The absolute nullity of marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void
is the requirement of Art. 50 & 52 applicable to other marriages void such as
36 - PI
37 - Incestuous
38 - Public Policy ?
No, this only applies for marriages declared VOID under Art. 40 & applicable to Art. 45 voidable marriages
the law does not require partition, delivery of PL, and recording
A & B from Victory got married online during the height of the pandemic. Years after they realized that their marriage was void ab initio and has one child named C.
A now wishes to marry Z. What is your advice to A?
- file a petition for DANM declaration of absolute nullity of marriage
- based on Art. 52, with prayer for as these matters are MANDATORY ;
- partition & distribution of the properties of the spouses
- delivery of the children’s presumptive legitime
- recording in appropriate LCR [and] registry of properties
if these matters are not included
a void marriage with all essential & formal requisites yet is provided by law as void
Art 36 Psychological Incapacity
JURISPRUDENTIAL GUIDELINES DETERMINING W/N there is Psychological Incapacity (PI)
LB: Republic v. Molina 1997
shorter
1. burden of proof to show PI lies w/ plaintiff
2. root cause is medically/clinically identified
3. incapacity proven to be existing BEFOREat the time of celebration or AFTER solemnization it becomes manifest (juridical antecedence**)
4. PI is permanent or incurable
5. grave enough to bring disability to fulfill essential marital vows
===========
1. burden of proof to show PI lies w/ plaintiff & any doubt should be resolved in favor of validity & continuity of marriage
- the root cause of the PI must be
a. medically or clinically identified (most important)
b. alleged in complaint
c. sufficiently proven by experts, &
d. clearly explained in the decision - incapacity must be proven to be existing at the time of the celebration of the marriage. manifestation of illness need not be perceivable at the time of the celebration of the marriage but the illness itself must been present at such moment OR PRIOR to
- otherwise referred to as juridical antecedence (evidence required to establish personality disorder due to causes before marriage like person’s own dysfunctional family & personal history) - PI must be shown to be medically or clinically PERMANENT or INCURABLE, which incurability may be absolute or even relative in regard to the other spouse, not necessarily absolutely against everyone
- Psychological Illness must be grave enough to bring the disability of the party to assume the essential marital obligations of marriage. There must be a natal or supervening factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from assuming & performing marital obligations
Molina Guidelines for PI > 4 >
can a person adjudged to be PI be capacitated to remarry another?
Yes, the law does not considered Art. 36 PI as a LI to contract marriage
Screws & Driver illustration. While they are incompatible and do not fit, on that basis it is permanent but it may be perfect with another screw or a driver.
Molina Guidelines for PI > 5 Gravity >
is having a lesbian wife grave enough for a ground for PI?
It will depend on the result. While it will affect dealings between the spouses, the important factor is if the result should be that it incapacitates the lesbian wife to comply with the marital obligations
if it does not, then it is a ground for legal separation
what are these essential marital obligations?
Art. 68, 69, 70, 71 (Marital obligations between husband & wife)
Art. 220, 221, & 225 (Parental obligations of parents to children)
Can a person judicially declared PI be liable for damages
No, in the case of Buenaventura v. CA, the SC ruled that the nature of PI is non-cognizance of one’s essential marital obligation, one guilty of PI is not liable for moral/exemplary damages since the incapacity to give significance and meaning to the marriage negates bad faith which is essential in awarding damages
Common Type of Personality Disorder that may warrant PI
- Cluster A (odd & eccentric habits)
- Cluster B (overly dramatic)
- Cluster C (avoidant & anxious)
- Dependent Personality Disorder (unable to make own decisions)
- Antisocial P.D. (disregard of rights of others)
SPECIFIC INSTANCES of behavior/conduct demonstrating PI
TN: circumstances part of the totality of evidence that a person has PI
- prolong refusal to have sex (Chi Ming Tsoi v. CA) 1997
- cohabitation/sex is deemed to be the spouses fundamental obligation
- Dependent Personality Disorder on husband & Anti-Social P.D. on wife (Ngo v. Ong) 2009
- pathological lying (Antonio v. Reyes) 2006
- mixed personality disorder from Self-defeating PD to Dependent PD (Halili v. Halili) 2009 manifested by entering into marriage as a joke, non-consummation, never lived together, & relationship shows constant quarreling.
- Frequent playing of mahjong, even bringing minor children during sessions, neglect of children, visits to beauty parlor & going out with friends (Kalaw v. Fernandez) 2015
- Paranoid P.D. which made the husband extremely jealous and violent (Fuente v. Fuente) 2018
- Schizophrenia (Datu v. Datu) 2021
- Failure to secure gainful employment, taking money from wife thru violence/intimidation, smoking marijuana in the same room w/ daughter (Silva v. Silva) 2021
- Unfounded jealousy, non-consummation of marriage (Cuan v. Marcelino( 2921
- Carefree life drinking, forcing wife to have sex with him, aggressive behavior (Torres v. Torres) 2022
- unjustified absence from marital home for decades (Leonora v. Lanuza)
Behaviors/Situations NOT amounting to PI
- mere incompatibility & irreconcilable difference
- separation/abandonment alone is not conclusive of PI
- sexual infidelity/adulterous life
- excessive sexual desire/infidelity
- sexual infedility/abandonment
a client approaches you asking his remedy with his wife abandoning the family home. he wants to file a prosperous case. what is your advice?
Separation or abandonment alone does not constitute PI however if the abandonment is shown to result from a PD, then it may be considered a PI
( Leonora v. Lanuza)
but looking at the facts of the case, the more prosperous approach would be to petition for legal separation as abandonment is a ground
TN: if the behavioral manifestation results to inability to comply with marital obligations, then it could be PI
What is PI in the lens of Andal 2021?
PI consists of
- clear acts of dysfunctionality
that show a lack of understanding & concomitant compliance with one’s essential martial obligations
- due to psychological causes
comparison between Molina & Andal doctrine of PI
- relaxed guidelines
- PI now legal concept not needing experts
TN: expert witness is not prohibited just better chances of getting a good judgment
NOTABLE ASPECTS OF THE ANDAL RULING
LB: Andal v. Andal 2021
- to prove petition for nullity on the ground of PI, need clear & convincing evidence
- kind of marriage that state protects is a healthy union not a dysfunctional one thus state allows the dissolution by PI
- need for medical/clinical identification of mental incapacity is categorically abandoned
- JURIDICAL ANTECEDENCE remains required
- exists at the time or before celebration of marriage although manifest during
5. INCURABILITY no amended to mean so enduring & PERSISTENT w/ respect to a specific partner [and] spouses respective personality structures are so incompatible & anatgonistic thata the only result of the union would be the inevitable & irreparable breakdown of the marriage
- GRAVITY remains required
- failure to comply with essential marital obligation between wife & husband, and parent to child must be of a GRIEVOUS NATURE
- the persuasive effect of decisions from the NAMTCC on cases pending secular courts retain
- personal examination of the alleged PI no longer required for declartion of nullity based on PI so long as the totality of evidence sufficiently proves the PI of one or both.
JURISPRUDENTIAL GUIDELINES DETERMINING W/N there is Psychological Incapacity (PI)
LB: Andal v. Andal 2021
- Clear & Convincing Evidence
- Expert Witness now optional
- Juridical Antecedence still Required
- Incurability legally meaning as the Persistence & Enduring manifestation of p.d. during the marriage
- Gravity still required
(my own understanding based on the notable aspects)
Reasons for Prohibitino of Incestuous Marriage
- reason of morality
- practicality
- scientific/genetic reasons
- social & psychological reasons
Art 38 > void marriages by reason of PP
WITHIN 4th civil degree
between;
- uncles & nieces
- aunts & nephews
- first cousins
- grandchildren & brother/sister of grandparents
Tracy & Drico are half-siblings sharing one parent Abi
Martin & Tracy had a child named Nina
Drico & Joan had a child named Dallis
Can Dallis marry Nina?
Art. 38 prohibits marriage between first cousins but the law does not explicitly provide the prohibition against half-cousins
Martin marries Tracy thus making tita Abi his mother-in-law.
if Tracy passes away or the marriage between M & T is declared to be annulled or void. can M marry A?
No, Art. 38 (3) marriage between parents-in-law children-in-law contemplates a situation where the common bond is already terminated (by death or judicial decree)
W-oman has a B-oy
M-an has a G-irl
M & W marries
can B & G marry?
Yes, marriage between step-children is allowed under the FC. What is prohibited is marriage between step-parents and step-child
M marries W who has a daughter G
W dies
M marries G.
valid?
No, marriage between step-parent and step-child is prohibited
G marries B
Can G’s mother W marry B’s father M?
Yes, there is no Legal Impediment.
M adopts B
M marries W
M dies
can B marry W?
art 38 (5)
- between the surviving spouse of the adopting parent and the adopted child
No, adopted child cannot marry surviving spouse of adopter
M adopts B
B marries G
B dies
M marry G?
art. 38 (6)
- between the surviving spouse of the adopted child and the adopter
No, adopter cannot marry the surviving spouse of the adopted child
M adopts B
M marries W
M annuls marriage with W
can B marry W?
Yes, what is contemplated is the prohibition is “surviving spouse” which means the adoptive parent must be dead but in this case, the marriage was dissolved through court order and not through death.
therefore, B can marry W
M adopts B
B marries G
B annuls marriage with G
M marry G?
Yes, the prohibition provided is the surviving spouse of the adopted child. In this case, the marriage was dissolved by court order and not through death therefore the Man can marry the Girl.
Does dissolution of the marriage which was the common bond giving rise to relationship by affinity terminate the relationship by affinity?
(Dissolution of marriage) does NOT terminate a relationship by affinity, applying by analogy the ruling in the intestate estate in the case of Carungcong v. Sato 2010
what is the legal status of the adopted child in relation to the relatives of the adoptive parent?
previously, the adopted child is considered a stranger with no legal relationship to the relatives of the adoptive parent
now with RA 11642, the adopted child is now related by affinity with the relatives of the adoptive parent.
examples of collateral attack on the validity of marriage
a. action for support
b. action for recovery of insurance benefits
c. action for settlement of estate of a deceased person whose marriage is alleged to be VOID
d. action for determination of heirship
TN: spec pro on correction of entry action, court has no JD to nullify marriages, rule on legitimacy (Braza v. Civil Registrar)
Carino a police officer contracted 2 marriages
He died and the gov’t is obliged to release death benefits to the heirs of Carino but there are 2 wives
1st wife - I am lawful wife because my marriage was not declared void
2nd wife - i am lawful wife because, first marriage is void for want of ML
what is the mode of attack in this scenario?
rule on the validity of the marriages
[A]
the mode of attack is collateral attack for an action to claim death benefits
[B]
In the case of Carino v. Carino the first marriage is void for want of ML and the second marriage is likewise void for having been solemnized without the 1st marriage judicially declared void under Art. 40
May the status of a void marriage be collaterally attacked in a criminal prosecution for bigamy?
Consistent with the Pulido case, the court confirms the voidness of a the first marriage in a criminal action
Nullity may be proved by evidence such as
- testimonies of witnesses
- documentary evidence
- judicial declaration of the first marriage void
In a special proceeding for correction of entries in the civil registry, Ma. Cristina Torres Braza discovers that her deceased husband, Pablo, was allegedly married to Lucille Titular after their marriage, and they had a child named Patrick.
Ma. Cristina files a petition with the Regional Trial Court seeking to correct Patrick’s birth record, claiming that Pablo and Lucille’s marriage is bigamous and that Patrick’s legitimacy is in question.
Question: Does the trial court have jurisdiction to nullify the marriage between Pablo and Lucille in this special proceeding for correction of entry?
No, the trial court does not have JD to nullify the marriage in a special proceeding for correction of entries. (Braza v. City Civil Registrar) 2009
what is the remedy to correct an erroneous entry in the civil registry where status of a party is reflected as “married” even when no such marriage took place?
Rule 108 Correction of Entries in the Civil Registry
Merlinda L. Olaybar discovers that she is listed as married to Ye Son Sune, a Korean national, despite having no knowledge of this marriage. She claims she did not appear before the solemnizing officer, did not know Ye Son Sune, and that her signature on the marriage certificate was forged.
Distraught, Olaybar filed a petition for DANM so she can marry her bf. Is this correct remedy?
The proper remedy is petition for correction of entry in the civil registry under rule 108 as this is a case of non-marriage.
if it was a void marriage, the proper remedy would be to declare the 1st marriage void however in the case of Olaybar, this case shows that this is a non marriage case.
Insofar as her petition for DANM is concerned, it is incorrect because it is non-marriage, DANM is not required.
a man died, leaving behind a legitimate family and children. During the wake, a woman appeared with a boy, claiming to be the deceased man’s second wife and the boy’s legitimate mother. The legitimate family discovered a marriage certificate and the boy’s birth certificate, indicating that the woman was indeed married to the deceased.
The legitimate family filed a petition for correction of entries under Rule 108 of the Rules of Court to contest the legitimacy of the second marriage.
Was the action proper?
No, the action is not proper. Illustrated in the case of Braza v. City Civil Registrar the SC ruled that the proper remedy in challenging the validity of the marriage would be to petition for DANM and not in a special proceeding for an action for correction of entry under rule 108.
However, had this be a case of non-marriage, then the action under rule 108 would be proper as non-marriages are not required to have a DANM
RULE who can file DANM
Before Effectivity of the FC on (aug 3, 1988)
- any interested party can file DANM (direct attack)
AFTER Effectivity of the FC:
[1] filed before march 15, 2003
[2] filed after march 15, 2003
[1]
- same rule applied as if it was filed before effectivity of FC
[2]
- only husband/wife can file DANM (direct attack)
you are father of your son> son now married > son died > dispute arise over property of deceased son > year 2025
applying the rule, what is the remedy of the father?
the remedy of the father is not to directly attack the validity of the marriage but collaterally attack the validity through an action for settlement of estate
under the existing rule who can file DANM. in a situation where there the husband contracts 2 marriages and there are 2 wives and the rule provides either the “husband or wife” can file.
Between which wife can file the petition?
in a bigamous marriage, the husband and wife referred to is the lawful spouse. Provided that the first marriage is valid and a 2nd one is contracted, the 2nd is void for being bigamous so the first wife is considered the lawful spouse Fujiki v. Marinay 2013
under the existing rule who can file DANM. in a situation where there the husband contracts 2 marriages and there are 2 wives and the 2nd wife is not aware of the first marriage
Between which wife can file the petition?
The 2nd spouse who is not aware is also an aggrieved spouse so the Fujiki doctrine does not apply so the 2nd spouse can also file a petition for DANM
may the guilty spouse file the petition to declare a marriage null & void?
Yes.
Unlike petitions for annulment of marriage under Art. 45 (voidable) which can be filed only by the injured spouse, even the guilty spouse can initiate the petition, as the rule does not make any qualification (Chi Ming Tsoi v. CA 1997)
