1. Concept Fraud – means “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/fraud [Accessed: 17 April 2025]) 2. Fraud Art. 45. A marriage may be annulled for any of the following causes, existing at the time of…
1. Concept Of unsound mind – means “mentally ill : not sane”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/of%20unsound%20mind [Accessed: 17 April 2025]) 2. Unsound mind Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: x x x (2) That either party was of unsound mind,…
1. Concept Voidable marriages – are valid marriages until declared annulled or voided. 2. 18 and over but below 21 years old Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the…
1. No Prescription Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (As amended by Executive Order 227 and Republic Act No. 8533; The phrase “However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense…
1) Final Judgment Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (n) 1) While there is no prescription for the declaration of the nullity of marriage, a contracting party is required to obtain first…
1. Concept Absentee spouse – refers to a spouse whose whereabouts are known. Presumptive death – means one is presumed death for legal purposes. 2. Kinds of Disappearance a. Without danger of death Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the…
1. Contrary to Public Policy Contrary to public policy 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…
1. Concept Incest – refers to “sexual intercourse between persons so closely related that they are forbidden by law to marry”. (Merriam-Webster Online Dictionary) 2. Incestuous Marriages Incestuous marriages 1) Between ascendants and descendants of any degree 2) Between brothers and sisters, whether of the full or half blood a. Between ascendants and descendants of…
1. Concept Psychological incapacity – refers to a “personality structure [that makes] it impossible for [a spouse] to understand and, more important, to comply with his or her essential marital obligations. (Tan-Andal v. Andal, En Banc, G.R. No. 196359, 11 May 2021, Per Leonen, J.) 2. Psychological Incapacity a. Nature Art. 36. A marriage contracted…
1. Concept 1) Void marriages are no marriages. (Tan-Andal v. Andal, En Banc, G.R. No. 196359, 11 May 2021, Per Leonen, J.) 2. Grounds Void Marriages Absence of a marriage requisite Psychological Incapacity Incestuous Marriages Contrary to Public Policy Re-Appearance of Absentee Spouse a. Absence of a marriage requisite Ground Type of Requisite Requisites 1)…