Family Code - Void and Voidable Marriages (Art. 35 - 54)

Question 1

Void ab initio marriages

Answer 1

1. Below 18 Years
2. No Authority to Solemnize Marriage
3. No Marriage License
4. Bigamous or polygamous
5. Mistake in the Identity of the Party
6. Subsequent marriages void under article 53

Question 2

Distinguish diriment impediments from prohibitive impediments

Answer 2

1. Diriment impediments - they make the marriage void. Ex: blood relationship, prior existing marriage;
2. Prohibitive impediments - they do not affect the validity of marriage, but criminal prosecution may follow. Ex: unfavorable parental advice with the parties not waiting for the needed three months.

Question 3

Three essential characteristics for Incapacity to exist

Answer 3

1. Juridical antecedent
2. gravity
3. incurability

Question 4

Incestuous and void

Answer 4

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood.

Question 5

Against public policy

Answer 5

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted child;

(6) Between the surviving spouse of the adopted child and the adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.

Question 6

Presumptive death under Art. 391

Answer 6

(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;

(2) A person in the armed forces who has taken part in war, and has been missing for four years;

(3) A person who has been in danger of death under other circumstances and his existence has not been known for four years

Question 7

Effects of termination of subsequent marriage

Answer 7

(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;

(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;

(3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law;

(4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and

(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession.

Question 8

Grounds for Annulment

Answer 8

1) Non-age (below 18)
2) Unsoundness of mind
3) Fraud (as defined in Art. 46, Family Code)
4) Force, intimidation, or undue influence
5) Impotence
6) Sexually-transmitted disease (if incurable)

Question 9

What constitutes as fraud?

Answer 9

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

(4) Concealment of drug addiction, habitual alcoholism or 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.