Title 1 Chapter 3 Void and Voidable Marriages Flashcards
what are void ab initio marriages
- 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
why is bigamous marriage void
no more legal capacity
ejusdem generis
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.
what is psychological incapacity?
mental incapacity causing incognitive to the marital covenants
what are the grounds for void marriage under psychological incapacity
- must exist at the time of celebration 2. incapacity refers to failure to comply with essential marital obligations
what is the relation of physical manifestations on the grounds of psychological incapacity under Art 36
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
examples of physical manifestations of psychological incapacity
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
can unbearable jealousy, maltreatment, laziness constitute psychological incapacity?
No. It must be established that a behavior is a manifestation of a disordered personality and is rooted in deliberating psychological condition or illness.
site cases on pyschological incapacity
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
Are all psychological incapacity grounds for nullity of marriage?
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
What are the 2 characteristics of psychological incapacity
(1) Juridical Antecedent (2) gravity (3) incurability
What is juridical antecedent?
the incapacity must be proven to be existing at the time of the celebration of marriage
What is gravity in terms of Psychological Incapacity?
it must be grave enough to bring about disability to assume the essential obligations of marriage
(Art 68 to 71 Family Code)
What is incurability in terms of Psychological Incapacity?
Such capacity must also be shown to be medically or clinically permanent and incurable
Who may file the petition of nullity of marrige under Art 36?
filed solely by the husband or the wife
Who has the burden of proof under Art 36?
Plaintiff
Discuss the Molina Case Guidelines.
It gave guidelines to Psychological Incapacity. Feb 12, 1997
- Burden of Proof belongs to the plaintiff
- 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 - Must exist at “the time of the celebration”
- Must be Permanent and Incurable
- Grave enough to bring about disability to assume obligations
- Essential Marital Obligations - Art 68 to 71
- Interpretations of Natl Matrimonial Tribunal of the Catholic Church, though indecisive, should be given great respect by our courts.
- Prosecuting atty to appear as counsel for the state (also to confirm that there is no collusion)
How about incestuous marriage? and what constitutes incestuous marriage?
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
What marriages are void from the beginning by reason of public policy
Art 38
- Blood relative up to 4th degrree
- step parents and step children
- parents in law and children in law
- adopting parent and adopted child
- surviving spouse of the adoptive parent and adopted child
- surviving spouse of the adopted and the adopter
- adopted child and legitimate child
- adopted and child of the same adopter
- parties which one killed the other person’s spouse with intention to marry
What relationships then are not impedement to marriage?
(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
does the action for declaration of nullity prescribe?
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)
How can a previous marriage be declared void ab initio?
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
what does Art 40 mean?
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
What are the exemptions of Art 40
Not applicable to bigamous marriages.
what happens if the party fails to accomplish a judicial declaration of the nullity of his previous marriage
the subsequent marriage is void
who may invoke nullity of marriage?
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
