It is the foundation of the

Handout No. 4. Marriage and Requisites family and an inviolable

social institution whose
Marriage, as an inviolable social institution, is the foundation of the family and shall nature, consequences,
be protected by the State. (Article XV, Section 2, 1987 Constitution) and incidents are
governed by law and not
Our Constitution clearly gives value to the sanctity of marriage. Marriage in this
subject to stipulation,
jurisdiction is not only a civil contract, but it is a new relation, an institution the
except that marriage
maintenance of which the public is deeply interested. Thus, the State is mandated
settlements may fix the
to protect marriage, being the foundation of the family, which in turn is the
property relations during
foundation of the nation. The State has surrounded marriage with safeguards to
the marriage within the
maintain its purity, continuity and permanence. The security and stability of the
limits provided by this
State are largely dependent upon it. It is the interest of each and every member of
Code. (Article 1, Family
the community to prevent the bringing about of a condition that would shake its
Code)
foundation and ultimately lead to its destruction. (Tilar vs. Tilar, GR No. 214529, 12
July 2017)
What primarily governs Governed by the Family Governed primarily by
Code the stipulations of the
Marriage is a special contract of permanent union between a man and a woman
parties
entered into in accordance with law for the establishment of conjugal and family
As marriage is a special
life. It is the foundation of the family and an inviolable social institution whose
contract, their terms and Article 1306. The
nature, consequences, and incidents are governed by law and not subject to
conditions are not contracting parties may
stipulation, except that marriage settlements may fix the property relations during
merely subject to the establish such
the marriage within the limits provided by this Code. (Article 1, Family Code)
stipulations of the stipulations, clauses,
How does Marriage differ from Ordinary Contracts? contracting parties but terms and conditions as
are governed by law. they may deem
(Tilar vs. Tilar, GR No. convenient, provided
214529, 12 July 2017) they are not contrary to
law, morals, good
customs, public order, or
Marriage Ordinary Contracts public policy. (Article
Definition Marriage is a special Article 1305. A contract 1306, Civil Code,
contract of permanent is a meeting of minds Principle of Freedom of
union between a man between two persons Contract)
and a woman entered whereby one binds Requisites The Family Code There is no contract
into in accordance with himself, with respect to provides for the essential unless the following
law for the the other, to give as well as formal requisites concur:
establishment of something or to render requisites for the validity (1) Consent of the
conjugal and family life. some service. (1254a) of marriage. (Tilar vs. contracting parties;
Tilar, GR No. 214529, 12 (2) Object certain which two witnesses of legal
July 2017) is the subject matter of age.
the contract; Article 4. The absence of In contracts, we have no
Family Code: (3) Cause of the any of the essential or sub-categories of
obligation which is formal requisites shall requisites.
Article 2. No marriage established. (Article render the marriage void
shall be valid, unless 1318, Civil Code) ab initio, except as stated Absence of any of the
these essential in Article 35(2). requisites of a valid
requisites are present: contract renders it void.
(1) Legal capacity of the A defect in any of the
contracting parties who essential requisites shall In case of vitiation of
must be a male and a render the marriage consent due to mistake,
female; and voidable as provided in violence, intimidation,
(2) Consent freely given Article 45. undue influence or
in the presence of the fraud, the contract
solemnizing officer. (53a) An irregularity in the becomes voidable.
formal requisites shall
Article 3. The formal not affect the validity of There are also different
requisites of marriage marriage the but the categories of a defective
are: party or parties contract that are not
(1) Authority of the responsible for the applicable to Marriage
solemnizing officer; irregularity shall be such as unenforceable
(2) A valid marriage civilly, criminally and and rescissible contracts.
license except in the administratively liable.
cases provided for in (Article 4 Family Code)
Chapter 2 of this Title;
and Requisites of Marriage
(3) A marriage ceremony
which takes place with Essential Requisites (Article 2, Family Code):
the appearance of the
contracting parties (1) Legal capacity of the contracting parties who must be a male and a female;
before the solemnizing and
officer and their personal (2) Consent freely given in the presence of the solemnizing officer.
declaration that they
take each other as Formal Requisites (Article 3, Family Code):
husband and wife in the
(1) Authority of the solemnizing officer;
presence of not less than
(2) A valid marriage license except in the cases provided for in Chapter 2 of this
Title; and
 (3) A marriage ceremony which takes place with the appearance of the registrar general, acting within the limits of the written authority granted
contracting parties before the solemnizing officer and their personal by his church or religious sect and provided that at least one of the
declaration that they take each other as husband and wife in the presence contracting parties belongs to the solemnizing officer’s church or religious
of not less than two witnesses of legal age. sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
Effect of Absence, Defect and Irregularity in the Essential and Formal Requisites (4) Any military commander of a unit to which a chaplain is assigned, in the
of a Valid Marriage (Article 4, Family Code) absence of the latter, during a military operation, likewise only in the cases
mentioned in Article 32;
The absence of any of the essential or formal requisites shall render the marriage (5) Any consul-general, consul or vice-consul in the case provided in Article 10.
void ab initio, except as stated in Article 35(2). (56a)

Article 35 (2) provides: Note: Mayors may solemnize marriage under the Local Government Code.
The following marriages shall be void from the beginning:

(2) Those solemnized by any person not legally authorized to perform

marriages unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the legal
authority to do so

A defect in any of the essential requisites shall render the marriage voidable as
provided in Article 45.

An irregularity in the formal requisites shall not affect the validity of the marriage
but the party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable.

Legal Capacity to Marry (Article 5)

a.) Any male or female;

b.) of the age of eighteen years or upwards;
c.) not under any of the impediments mentioned in Articles 37 (incestuous
marriages) and 38 (void by reason of public policy), may contract marriage.
(54a)

Who may solemnize marriage (Article 7)

(1) Any incumbent member of the judiciary within the court’s jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly
authorized by his church or religious sect and registered with the civil
Handout No. 5: Parental Consent and Advice, Marriage License Requirement, the age of twenty-one marriage license shall
Validity and Marriages Exempt, Mixed Marriages (21), freely cohabited not be issued till after
with the other and both three months following
A. Parental Consent vs. Parental Advice lived together as the completion of the
husband and wife. (See publication of the
Parental Consent Parental Advice Article 45 paragraph 1 of application therefor.
When Required Article 14. In case either Article 15. the Family Code.)
or both of the Any contracting party If marriage license is
contracting parties are between the age of issued within the three-
between the ages of twenty-one (21) and month period, marriage
eighteen (18) and twenty-five (25) shall be is still valid. Here, there is
twenty-one (21), they obliged to ask their an irregularity in the
shall, in addition to the parents or guardian for formal requisite.
requirements of the advice upon the
preceding articles, intended marriage. B. Marriage License
exhibit to the local civil
registrar, the consent to A valid marriage license is a formal requisite of marriage. Take note that marriage
their marriage of their license is different from a marriage certificate.
father, mother, surviving
parent or guardian, or General Rule: Marriage solemnized without a valid marriage license is void. (See
persons having legal Articles 3 and 4)
charge of them, in the
order mentioned. EXCEPTIONS (Marriages exempt from the License Requirement)
Form Such consent shall be A sworn statement by
manifested in writing by the contracting parties to • Art. 27. In case either or both of the contracting parties are at the point of
the interested party, who the effect that such death (articulo mortis), the marriage may be solemnized without
personally appears advice has been sought, necessity of a marriage license and shall remain valid even if the ailing
before the proper local together with the written party subsequently survives.
civil registrar, or in the advice given, if any, shall • Art. 28. If the residence of either party is so located that there is no
form of an affidavit made be attached to the means of transportation to enable such party to appear personally before
in the presence of two application for marriage the local civil registrar, the marriage may be solemnized without necessity
witnesses and attested license. of a marriage license.
before any official • Art. 33. Marriages among Muslims or among members of the ethnic
authorized by law to cultural communities may be performed validly without the necessity of
administer oaths. marriage license, provided they are solemnized in accordance with their
Effect When Not Secured Marriage is VOIDABLE If they do not obtain such customs, rites or practices.
unless the party advice, or if it be • Art. 34. No license shall be necessary for the marriage of a man and a
concerned after attaining unfavorable, the woman who have lived together as husband and wife for at least five
years and without any legal impediment to marry each other. The
 contracting parties shall state the foregoing facts in an affidavit before any there as such, shall also be valid in this country, except those prohibited
person authorized by law to administer oaths. The solemnizing officer under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
shall also state under oath that he ascertained the qualifications of the
contracting parties are found no legal impediment to the marriage. Where a marriage between a Filipino citizen and a foreigner is validly
(Affidavit of Cohabitation) celebrated and a divorce is thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse shall have
C. Validity of marriage license (Art. 20) capacity to remarry under Philippine law. (As amended by Executive Order
227)
Art. 20. The license shall be valid in any part of the Philippines for a period of
one hundred twenty (120) days from the date of issue, and shall be deemed Case:
automatically cancelled at the expiration of the said period if the contracting
parties have not made use of it. The expiry date shall be stamped in bold Republic vs. Manalo; G.R. No. 221029 April 24, 2018
characters on the face of every license issued.
FACTS:
D. Mixed marriages
On January 10, 2012, respondent Marelyn Tanedo Manalo (Manalo) filed a petition
If solemnized in the Philippines: for cancellation of Entry of marriage in the Civil Registry of San Juan, Metro Manila,
by virtue of a judgment of divorce Japanese court.
Art. 21. When either or both of the contracting parties are citizens of a foreign
country, it shall be necessary for them before a marriage license can be obtained, On October 15, 2012, the trial court denied the petition for lack of merit. In ruling
to submit a certificate of legal capacity to contract marriage, issued by their that the divorce obtained by Manalo in Japan should not be recognized, it opined
respective diplomatic or consular officials. that, based on Article 15 of the New Civil Code, the Philippine law "does not afford
Filipinos the right to file for a divorce whether they are in the country or living
Stateless persons or refugees from other countries shall, in lieu of the certificate abroad, if they are married to Filipinos or to foreigners, or if they celebrated their
of legal capacity herein required, submit an affidavit stating the circumstances marriage in the Philippines or in another country" and that unless Filipinos "are
showing such capacity to contract marriage. naturalized as citizens of another country, Philippine laws shall have control over
issues related to Filipinos' family rights and duties, together with the determination
If solemnized abroad: of their condition and legal capacity to enter into contracts and civil relations,
including marriages."
Consider the provisions of:
On appeal, the CA overturned the RTC decision. It held that Article 26 of the Family
a. Article 15 of the Civil Code on the Nationality Principle Code of the Philippines (Family Code) is applicable even if it was Manalo who filed
Article 15. Laws relating to family rights and duties, or to the status, for divorce against her Japanese husband because the decree obtained makes the
condition and legal capacity of persons are binding upon citizens of the latter no longer married to the former, capacitating him to remarry. Conformably
Philippines, even though living abroad. (9a) with Navarro, et al. V. Exec. Secretary Ermita, et al. ruling that the meaning of the
b. Article 26 of the Family Code law should be based on the intent of the lawmakers and in view of the legislative
Art. 26. All marriages solemnized outside the Philippines, in accordance intent behind Article 26, it would be height of injustice to consider Manalo as still
with the laws in force in the country where they were solemnized, and valid married to the Japanese national, who, in turn, is no longer married to her. For the
appellate court, the fact that it was Manalo who filed the divorce case is
inconsequential. Cited as similar to this case was Van Dorn v. Judge Romilo, Jr. where In view of the foregoing, we state the twin elements for the application of
the marriage between a foreigner and a Filipino was dissolved filed abroad by the Paragraph 2 of Article 26 as follows:
latter.
1. There is a valid marriage that has been celebrated between a Filipino citizen
The OSG filed a motion for reconsideration, but it was denied; hence, this petition. and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him or
ISSUE: her to remarry.

Whether or not Article 26(2) is applicable to a Filipino spouse who obtained the The reckoning point is not the citizenship of the parties at the time of the
divorce decree abroad to capacitate him or her to remarry under the Philippine celebration of marriage, but their citizenship at the time valid divorced obtained
laws abroad by the alien spouse capacitating the latter to remarry.

HELD: Now, the Court is tasked to resolve whether, under the same provision, a Filipino
citizen has the capacity to remarry under Philippine law after initiating a divorce
Yes. In 2005, this Court concluded that Paragraph 2 of Article 26 applies to a case proceeding abroad and obtaining a favorable judgment against his or her alien
where, at the time of the celebration of the marriage, the parties were Filipino spouse who is capacitated to remarry. Specifically, Manalo pleads for the
citizens, but later on, one of them acquired foreign citizenship by naturalization, recognition of enforcement of the divorced decree rendered by the Japanese court
initiated a divorce proceeding, and obtained a favorable decree. We held in and for the cancellation of the entry of marriage in the local civil registry " in order
Republic of the Phils. v. Orbecido III: that it would not appear anymore that she is still married to the said Japanese
national who is no longer her husband or is no longer married to her; [and], in the
The jurisprudential answer lies latent in the 1998 case of Quita v. Court of Appeals. event that [she] decides to be remarried, she shall not be bothered and disturbed
In Quita, the parties were, as in this case, Filipino citizens when they got married. by said entry of marriage," and to use her maiden surname.
The wife became naturalized American citizen n 1954 and obtained a divorce in the
same year. The court therein hinted, by the way of obiter dictum, that a Filipino We rule in the affirmative.
divorced by his naturalized foreign spouse is no longer married under Philippine law
and can thus remarry. xxx

Thus, taking into consideration the legislative intent and applying the rule of reason, In addition, the fact that a validity obtained foreign divorce initiated by the Filipino
we hold that Paragraph 2 of Article 26 should be interpreted to include cases spouse can be recognized and given legal effects in the Philippines is implied from
involving parties who, at the time of the celebration of the marriage were Filipino Our rulings in Fujiki v. Marinay, et al. and Medina v. Koike.
citizens, but later on, one of them becomes naturalized as foreign citizen and
obtains divorce decree. The Filipino spouse should likewise be allowed to remarry In Fujiki, the Filipino wife, with the help of her husband, who is a Japanese national,
as if the other party were foreigner at the time of the solemnization of the marriage. was able to obtain a judgment from Japan's family court. Which declared the
To rule otherwise would be to sanction absurdity and injustice. x x x marriage between her and her second husband, who is a Japanese national, void
on the ground of bigamy. In resolving the issue of whether a husband or wife of a
If we are to give meaning to the legislative intent to avoid the absurd situation prior marriage can file a petition to recognize a foreign judgment nullifying the
where the Filipino spouse remains married to the alien spouse who after obtaining subsequent marriage between his her spouse and a foreign citizen on the ground
a divorce is no longer married to the Filipino spouse, then the instant case must be of bigamy, We ruled:
deemed as coming within the contemplation of Paragraph 2 of Article 26.
Fujiki has the personality to file a petition to recognize the Japanese Family Court the usual and necessary consequences of absolute divorce is the right to remarry.
judgment nullifying the marriage between Marinay and Maekara on the ground of Indeed, there is no longer a mutual obligation to live together and observe fidelity.
bigamy because the judgment concerns his civil status as married to Marinay. For When the marriage tie is severed and ceased to exist, the civil status and the
the same reason he has the personality to file a petition under Rule 108 to cancel domestic relation of the former spouses change as both of them are freed from the
the entry of marriage between Marinay and Maekara in the civil registry on the marital bond.
basis of the decree of the Japanese Family Court.

There is no doubt that the prior spouse has a personal and material interest in
maintaining the integrity of the marriage he contracted and the property relations
arising from it. There is also no doubt that he is interested in the cancellation of an
entry of a bigamous marriage in the civil registry, which compromises the public
recor of his marriage. The interest derives from the substantive right of the spouse
not only to preserve (or dissolve, in limited instances) his most intimate human
relation, but also to protect his property interests that arise by operation of law the
moment he contracts marriage. These property interests in marriage included the
right to be supported "in keeping with the financial capacity of the family" and
preserving the property regime of the marriage.

Property rights are already substantive rights protected by the Constitution, but a
spouse's right in a marriage extends further to relational rights recognized under
Title III ("Rights and Obligations between Husband and Wife") of the Family Code.
xxx

On the other hand, in Medina, the Filipino wife and her Japanese husband jointly
filed for divorce, which was granted.1âwphi1 Subsequently, she filed a petition
before the RTC for judicial recognition of foreign divorce and declaration of capacity
to remarry pursuant to Paragraph 2 of Article 26. The RTC denied the petition on
the ground that the foreign divorce decree and the national law of the alien spouse
recognizing his capacity to obtain a divorce must be proven in accordance with
Sections 24 and 25 of Rule 132 of the Revised Rules on Evidence. This Court agreed
and ruled that, consistent with Corpuz v. Sto. Tomas, et al.35 and Garcia v. Recio,36
the divorce decree and the national law of the alien spouse must be proven. Instead
of dismissing the case, We referred it to the CA for appropriate action including the
reception of evidence to determine and resolve the pertinent factual issues.

There is no compelling reason to deviate from the above mentioned rulings. When
this Court recognized a foreign divorce decree that was initiated and obtained by
the Filipino spouse and extended its legal effects on the issues of child custody and
property relation, it should not stop short in a likewise acknowledging that one of
 Handout No. 6: Void and Voidable Marriages be impugned even after impugned after the
the death of the parties. death of a party.
A. Distinctions of Void and Voidable Marriages
B. Void Marriages
Void Voidable 1. Under Article 35
As to Nature Void ab initio, inexistent Valid until annulled by
from the very beginning, the courts Art. 35. The following marriages shall be void from the beginning:
as if no marriage
transpired between the (1) Those contracted by any party below eighteen years of age even with the
parties consent of parents or guardians;
As to the Nomenclature Petition of Declaration of Petition for Annulment (2) Those solemnized by any person not legally authorized to perform
of the Petition Nullity of Marriage marriages unless such marriages were contracted with either or both
As to susceptibility of No Yes, either by parties believing in good faith that the solemnizing officer had the legal
being ratified cohabitation or by authority to do so;
prescription (3) Those solemnized without license, except those covered the preceding
As to the effect on GR: Illegitimate Chapter;
children Exceptions: (4) Those bigamous or polygamous marriages not failing under Article 41;
1. Those who were (5) Those contracted through mistake of one contracting party as to the
conceived or born before identity of the other; and
judgment of absolute (6) Those subsequent marriages that are void under Article 53.
nullity under Art. 36
(psychological incapacity 2. Under Article 36
as ground for nullity) has
become final and Art. 36. A marriage contracted by any party who, at the time of the celebration, was
executory; psychologically incapacitated to comply with the essential marital obligations of
2. Those conceived or marriage, shall likewise be void even if such incapacity becomes manifest only after
born of subsequent its solemnization.
marriage under Art. 53
Tan-Andal vs Andal (G.R. 196359, 11 May 2021)
(without the partition
and distribution of
• Expert testimony is not indispensable. Ordinary witnesses who have been
properties of the
present in the life of the spouses before the latter contracted marriage
spouses and the delivery
may testify on behaviors that they have consistently observed from the
of presumptive legitimes
incapacitated spouse.
of the children.
• Psychological incapacity is not a medical but a legal concept. It is a personal
As to how marriage may A void marriage may be A voidable marriage can
condition that prevents a spouse to perform marital obligations in relation
be impugned impugned both directly only be attacked directly
to a specific person that may exist at the time of marriage but may have
and collaterally and may and may no longer be
revealed through behavior subsequent to ceremonies. It need not be a
mental or personality disorder. It need not be a permanent and incurable
 condition. The testimony of a psychologist or psychiatrist is not mandatory Art. 40. The absolute nullity of a previous marriage may be invoked for
in all cases. The totality of evidence must show clear and convincing purposes of remarriage on the basis solely of a final judgment declaring such
evidence to cause the declaration of nullity of marriage. previous marriage void. (n).

3. Under Article 37 (incestuous marriages) D. Effect of absence to marriage (Article 41)

Art. 37. Marriages between the following are incestuous and void from the Art. 41. A marriage contracted by any person during subsistence of a previous
beginning, whether relationship between the parties be legitimate or illegitimate: marriage shall be null and void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for four consecutive years and the
(1) Between ascendants and descendants of any degree; and spouse present has a well-founded belief that the absent spouse was already
(2) Between brothers and sisters, whether of the full or half blood. dead. In case of disappearance where there is danger of death under the
circumstances set forth in the provisions of Article 391 of the Civil Code, an
4. Under Article 38 (void marriages due to public policy) absence of only two years shall be sufficient.

Art. 38. The following marriages shall be void from the beginning for reasons of For the purpose of contracting the subsequent marriage under the preceding
public policy: paragraph the spouse present must institute a summary proceeding as
provided in this Code for the declaration of presumptive death of the absentee,
(1) Between collateral blood relatives whether legitimate or illegitimate, up to without prejudice to the effect of reappearance of the absent spouse.
the fourth civil degree;
(2) Between step-parents and step-children; Art. 42. The subsequent marriage referred to in the preceding Article shall be
(3) Between parents-in-law and children-in-law; automatically terminated by the recording of the affidavit of reappearance of
(4) Between the adopting parent and the adopted child; the absent spouse, unless there is a judgment annulling the previous marriage
(5) Between the surviving spouse of the adopting parent and the adopted or declaring it void ab initio.
child;
(6) Between the surviving spouse of the adopted child and the adopter; A sworn statement of the fact and circumstances of reappearance shall be
(7) Between an adopted child and a legitimate child of the adopter; recorded in the civil registry of the residence of the parties to the subsequent
(8) Between adopted children of the same adopter; and marriage at the instance of any interested person, with due notice to the
(9) Between parties where one, with the intention to marry the other, killed spouses of the subsequent marriage and without prejudice to the fact of
that other person's spouse, or his or her own spouse. (82) reappearance being judicially determined in case such fact is disputed.

C. Prescription and the need for final judgment (Articles 39 to 40) E. Voidable Marriages

Art. 39. The action or defense for the declaration of absolute nullity shall not What are the grounds for annulment?
prescribe. However, in case of marriage celebrated before the effectivity of this
Code and falling under Article 36, such action or defense shall prescribe in ten Art. 45. A marriage may be annulled for any of the following causes, existing at
years after this Code shall taken effect. the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled
was eighteen years of age or over but below twenty-one, and the marriage
 was solemnized without the consent of the parents, guardian or person (1) For causes mentioned in number 1 of Article 45 by the party whose parent
having substitute parental authority over the party, in that order, unless or guardian did not give his or her consent, within five years after attaining
after attaining the age of twenty-one, such party freely cohabited with the the age of twenty-one, or by the parent or guardian or person having legal
other and both lived together as husband and wife; charge of the minor, at any time before such party has reached the age of
(2) That either party was of unsound mind, unless such party after coming to twenty-one;
reason, freely cohabited with the other as husband and wife; (2) For causes mentioned in number 2 of Article 45, by the same spouse, who
(3) That the consent of either party was obtained by fraud, unless such party had no knowledge of the other's insanity; or by any relative or guardian or
afterwards, with full knowledge of the facts constituting the fraud, freely person having legal charge of the insane, at any time before the death of
cohabited with the other as husband and wife; either party, or by the insane spouse during a lucid interval or after
(4) That the consent of either party was obtained by force, intimidation or regaining sanity;
undue influence, unless the same having disappeared or ceased, such party (3) For causes mentioned in number 3 of Articles 45, by the injured party,
thereafter freely cohabited with the other as husband and wife; within five years after the discovery of the fraud;
(5) That either party was physically incapable of consummating the marriage (4) For causes mentioned in number 4 of Article 45, by the injured party, within
with the other, and such incapacity continues and appears to be incurable; five years from the time the force, intimidation or undue influence
or disappeared or ceased;
(6) That either party was afflicted with a sexually transmissible disease found (5) For causes mentioned in number 5 and 6 of Article 45, by the injured party,
to be serious and appears to be incurable. (85a) within five years after the marriage. (87a)

Art. 46. Any of the following circumstances shall constitute fraud referred to in F. Legal Separation
Number 3 of the preceding Article: a. Grounds

(1) Non-disclosure of a previous conviction by final judgment of the other party Art. 55. A petition for legal separation may be filed on any of the following grounds:
of a crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she (1) Repeated physical violence or grossly abusive conduct directed against the
was pregnant by a man other than her husband; petitioner, a common child, or a child of the petitioner;
(3) Concealment of sexually transmissible disease, regardless of its nature, (2) Physical violence or moral pressure to compel the petitioner to change
existing at the time of the marriage; or religious or political affiliation;
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or (3) Attempt of respondent to corrupt or induce the petitioner, a common child,
lesbianism existing at the time of the marriage. or a child of the petitioner, to engage in prostitution, or connivance in such
corruption or inducement;
No other misrepresentation or deceit as to character, health, rank, fortune or (4) Final judgment sentencing the respondent to imprisonment of more than
chastity shall constitute such fraud as will give grounds for action for the six years, even if pardoned;
annulment of marriage. (86a) (5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
Prescription (7) Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad;
Art. 47. The action for annulment of marriage must be filed by the following (8) Sexual infidelity or perversion;
persons and within the periods indicated herein: (9) Attempt by the respondent against the life of the petitioner; or
 (10) Abandonment of petitioner by respondent without justifiable cause for
more than one year.

For purposes of this Article, the term "child" shall include a child by nature or by
adoption. (9a)

b. Effects on marital ties, custody of children, properties,

inheritance

Art. 63. The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but the
marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved
and liquidated but the offending spouse shall have no right to any share of
the net profits earned by the absolute community or the conjugal
partnership, which shall be forfeited in accordance with the provisions of
Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in favor of
the offending spouse made in the will of the innocent spouse shall be
revoked by operation of law. (106a)
 Marriage Ordinary Contracts (5) Between the surviving spouse of the adopting parent and the adopted child;
• both a contract and a social • merely a contract
institution • stipulations are generally (6) Between the surviving spouse of the adopted child and the adopter;
• generally, stipulations are fixed by the parties
fixed by law — not by the • can be ended by mutual (7) Between an adopted child and a legitimate child of the adopter;
parties (exception: marriage agreement and by other legal
settlement provisions) causes (8) Between adopted children of the same adopter; and
• can be dissolved only by
death or annulment, not by (9) Between parties where one, with the intention to marry the other, killed that
mutual agreement other person’s spouse, or his or her own spouse. (82)

Art. 31. A marriage in articulo mortis between passengers or crew members may Art. 45. A marriage may be annulled for any of the following causes, existing at
also be solemnized by a ship captain or by an airplane pilot not only while the ship the time of the marriage:
is at sea or the plane is in flight, but also during stopovers at ports of call. (74a)
(1) That the party in whose behalf it is sought to have the marriage annulled was
Art. 32. A military commander of a unit, who is a commissioned officer, shall eighteen years of age or over but below twenty-one, and the marriage was
likewise have authority to solemnize marriages in articulo mortis between persons solemnized without the consent of the parents, guardian or person having
within the zone of military operation, whether members of the armed forces or substitute parental authority over the party, in that order, unless after attaining
civilians. (74a) the age of twenty-one, such party freely cohabited with the other and both lived
together as husband and wife;
Art. 37. Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or illegitimate: (2) That either party was of unsound mind, unless such party after coming to
reason, freely cohabited with the other as husband and wife;
(1) Between ascendants and descendants of any degree; and
(3) That the consent of either party was obtained by fraud, unless such party
(2) Between brothers and sisters, whether of the full or half blood. (81a) afterwards, with full knowledge of the facts constituting the fraud, freely
cohabited with the other as husband and wife;
Art. 38. The following marriages shall be void from the beginning for reasons of
public policy: (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
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the freely cohabited with the other as husband and wife;
fourth civil degree;
(5) That either party was physically incapable of consummating the marriage with
(2) Between step-parents and step-children; the other, and such incapacity continues and appears to be incurable; or

(3) Between parents-in-law and children-in-law; (6) That either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable. (85a)
(4) Between the adopting parent and the adopted child;