Title 1 Chapter 3 Void and Voidable Marriages

Question 1

what are void ab initio marriages

Answer 1

1. below 18 even with consent 2. solemnized by unauthorized 3. solemnized w/o license with exemptions 4. bigamous/ poligamous except in art 41 5. mistake of identity 6. subsequent marriage

Question 2

why is bigamous marriage void

Answer 2

no more legal capacity

Question 3

ejusdem generis

Answer 3

Of the same kind; a rule of interpreting statutes holding that if a statute lists a few examples of something, then it will be assumed that it only includes things similar to the examples; e.g., if for “dangerous weapon” it uses examples of guns, then the term refers only to firearms and not to other weapons such as knives.

Question 4

what is psychological incapacity?

Answer 4

mental incapacity causing incognitive to the marital covenants

Question 5

what are the grounds for void marriage under psychological incapacity

Answer 5

1. must exist at the time of celebration 2. incapacity refers to failure to comply with essential marital obligations

Question 6

what is the relation of physical manifestations on the grounds of psychological incapacity under Art 36

Answer 6

a petition for nullity of marriage requires that the physical manifestations are as indicative of the psychological incapacity should be stated. the mental make up of an individual does not become apparent unless it is shown physically

Question 7

examples of physical manifestations of psychological incapacity

Answer 7

refraining from sex, perennially telling lies, fabricating ridiculous stories, and inventing personalities, inability to act on his own, easily manipulated, inability to provide, substance abuse, trail of unpaid debt

Question 8

can unbearable jealousy, maltreatment, laziness constitute psychological incapacity?

Answer 8

No. It must be established that a behavior is a manifestation of a disordered personality and is rooted in deliberating psychological condition or illness.

Question 9

site cases on pyschological incapacity

Answer 9

Antonio V Reyes - propensity of a wife to indulge in lies and fabricating stories has been shown as symptomatic of a pathological liar who is affected by paranoid personality

Question 10

Are all psychological incapacity grounds for nullity of marriage?

Answer 10

No. It must constitute an irreparably hopless state of psychological incapacity which prevents the affected spouse from undertaking basic obligations of marriage. The root cause must be (medically and clinically) identified and its incapacitating nature explained

Question 11

What are the 2 characteristics of psychological incapacity

Answer 11

(1) Juridical Antecedent (2) gravity (3) incurability

Question 12

What is juridical antecedent?

Answer 12

the incapacity must be proven to be existing at the time of the celebration of marriage

Question 13

What is gravity in terms of Psychological Incapacity?

Answer 13

it must be grave enough to bring about disability to assume the essential obligations of marriage
(Art 68 to 71 Family Code)

Question 14

What is incurability in terms of Psychological Incapacity?

Answer 14

Such capacity must also be shown to be medically or clinically permanent and incurable

Question 15

Who may file the petition of nullity of marrige under Art 36?

Answer 15

filed solely by the husband or the wife

Question 16

Who has the burden of proof under Art 36?

Answer 16

Plaintiff

Question 17

Discuss the Molina Case Guidelines.

Answer 17

It gave guidelines to Psychological Incapacity. Feb 12, 1997

1. Burden of Proof belongs to the plaintiff
2. Root Cause must be;
   a. Medically or clinically identified
   b. Alleged in the complaint
   c. Sufficiently proven by experts
   d. clearly explain in the decision
3. Must exist at “the time of the celebration”
4. Must be Permanent and Incurable
5. Grave enough to bring about disability to assume obligations
6. Essential Marital Obligations - Art 68 to 71
7. Interpretations of Natl Matrimonial Tribunal of the Catholic Church, though indecisive, should be given great respect by our courts.
8. Prosecuting atty to appear as counsel for the state (also to confirm that there is no collusion)

Question 18

How about incestuous marriage? and what constitutes incestuous marriage?

Answer 18

Void Ab Initio (Art 37)
Whether illegitimate or legitimate
(1) between ascendants and descendants of any degree
(2) brothers and sisters, whether half or full blood

Question 19

What marriages are void from the beginning by reason of public policy

Answer 19

Art 38

1. Blood relative up to 4th degrree
2. step parents and step children
3. parents in law and children in law
4. adopting parent and adopted child
5. surviving spouse of the adoptive parent and adopted child
6. surviving spouse of the adopted and the adopter
7. adopted child and legitimate child
8. adopted and child of the same adopter
9. parties which one killed the other person’s spouse with intention to marry

Question 20

What relationships then are not impedement to marriage?

Answer 20

(1) step brother and step sister, (2) brother in law and sister in law, (3) widowed mother of a spouse and widowed father of the other spouse (4) child exclusively adopted by the wife and the other child exclusively adopted by the husband

Question 21

does the action for declaration of nullity prescribe?

Answer 21

No. Art 39. It may be raised anytime even after the death of either of the spouses (action for nullity for purposes of remarriage- must be brought during the lifetime of the spouses)

Question 22

How can a previous marriage be declared void ab initio?

Answer 22

Article 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage solely by a final judgement declaring such previous marriage void

Question 23

what does Art 40 mean?

Answer 23

if a person wishes to marry again during the lifetime of the other spouse, he has to obtain first a judicial decree declaring the previous marriage void before he could contract said subsequent marriage

Question 24

What are the exemptions of Art 40

Answer 24

Not applicable to bigamous marriages.

Question 25

what happens if the party fails to accomplish a judicial declaration of the nullity of his previous marriage

Answer 25

the subsequent marriage is void

Question 26

who may invoke nullity of marriage?

Answer 26

void marriage may be invoked by the parties themselves.
void ab initio marriage can be attacked collaterally.
however, under no condition can a third party file for absolute nullity