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Contracting an illegal marriages, A350 Revised Penal Code

Updated on

Illegal marriages – refer to the offense of knowing contracting a marriage knowing of defects in the marriage.

1. Concept

Illegal marriages – refer to the offense of knowing contracting a marriage knowing of defects in the marriage.

a. Legal basis

ART. 350. Marriage contracted against provisions of laws. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next preceding article, shall contract, marriage knowing that the requirements of the law have not, been complied with or that the marriage is in disregard of a legal impediment.

If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation, or fraud, he shall be punished by the maximum period of the penalty provided, in the next preceding paragraph.

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) Contracting an illegal marriage

a. Mode 1: Contracting an illegal marriage

Elements of the offense of contracting an illegal marriage:

1) The offender contracts marriage; and

2) The offender knew either: (a) That the requirements of the law have not been complied with; or (b) That the marriage is in disregard of a legal impediment. (REVISED PENAL CODE, Article 350)

a. Element 1: Contracting of marriage

The offender is required to be a contracting party to a marriage. Perforce, the s...

 


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