(asked in ’75, ’76, ’78, ’83, ’86, ’90, ’91, ’93, ’94,
’95, ’96, ’97, ’02, ’03, ’04, ’07, and ‘09 bar exams)
I. GROUNDS FOR ANNULMENT A. EXPLANATION
B. WHO MAY FILE, PRESCRIPTION, RATIFICATION
C. MARRIAGES NOT SUBJECT TO RATIFICATION
II. WHEN ONE SPOUSE IS ABSENT
A. REQUIREMENTS FOR SUBSEQUENT MARRIAGE TO BE VALID WHEN PRIOR SPOUSE IS ABSENT
B. EFFECT OF REAPPEARANCE OF ABSENT SPOUSE
III. EFFECTS OF PENDING ACTION/DECREE IV. VOIDABLE VS. VOID
V. VOIDABLE VS. LEGAL SEPARATION VI. JURISDICTION
I. Grounds for Annulment (Art. 45, FC)
Marriage may be annulled on the ff grounds existing at time of marriage: P I F F I S
P 1. One of the parties is 18 or above but below 21, and there is no parental consent.
I 2. Either party was of unsound mind (insanity).
F 3. The consent of either party was obtained through fraud (different from mistake in identity):
a. through non-disclosure of a previous conviction of a crime involving moral turpitude;
b. through concealment by the wife of the fact at the time of the marriage that she was pregnant by another man;
c. through concealment of a sexually-transmitted disease, regardless of its nature, existing at the time of marriage;
d. through concealment of drug addiction, habitual alcoholism or homosexuality/lesbianism.
(Art.46, FC)
F 4. The consent of either party was obtained through force, intimidation, or undue influence.
I 5. Either party is physically incapable of
consummating the marriage (impotence; this is different from sterility).
S 6. Either party has a serious and incurable sexually-transmissible disease, even if not concealed.*
TOLENTINO
Action to Annul: action in rem, concerns status of parties; res is relation bet parties or marriage tie; jurisdiction depends on nationality or domicile not the place of celebration
A. Grounds for Annulment explained:
1. Lack of parental consent
a. 18<=x<21 w/o parental consent
b. Ratified upon free cohabitation upon reaching 21.
c. TOLENTINO: parents whose consents were wanting may ratify before 21; this right can be waived; however, the Code Commission believes that no such ratification can be made by the parent.
2. Insanity
a. mental incapacity or insanity is a vice of consent; insanity (1) of varying degrees, (2) curable being an illness, capable of ratification or convalidation, (3) has lucid intervals, (4) ground only for annulment in many countries
b. can be ratified by cohabitation after insane is cured
c. mere mental weakness is not a ground for annulment, but if found grave enough may amount to psychological incapacity.
d. intoxication, somnambulism where one had no mental capacity to give consent is equivalent to insanity
e. must EXIST AT THE TIME of the celebration of the marriage.
f. law presumes SANITY, burden of proof on party alleging insanity
3. Fraud
a. only those enumerated in Art. 46 FC
non-disclosure of previous CONVICTION by final judgment of a
crime involving MORAL
TURPITUDE
concealment by wife at the time of marriage, that she was pregnant by another man
concealment of STD regardless of nature existing at time of marriage
concealment of drug addiction, habitual alcoholism, homosexuality, lesbianism existing at time of marriage
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b. No other misrepresentation or deceit of
CHARACTER, HEALTH, RANK,
FORTUNE OR CHASTITY shall
constitute FRAUD
c. TOLENTINO: fraud must relate to fact material to the marital relation;
PRINCIPLE OF ENUMERATION; no other cases of fraud can be ground for annulment; INCLUSIO UNIUS EST EXCLUSIO ALTERIUS
d. Conviction of Crime: requisites are
moral turpitude
conviction
e. Concealment of Pregnancy
fraud against very essence of marriage; importance of procreation of children; an assault to the integrity of the union by introducing ALIEN BLOOD
If husband knew of pregnancy, the marriage cannot be annulled on the ground of concealment. Three (3) months after the celebration of the marriage, a baby was born.
Annulment was refused because of advanced stage of pregnancy, which must be patent to the husband (Buccat v Mangonon)
If there was coitus before marriage
& wife was pregnant at time of marriage although he may not be the father, marriage cannot be annulled because man knows wife is unchaste. Principle: one cannot go to court with unclean hands.
Prof. Balane: An isolated case and is not doctrinal.
f. Marriage cannot be annulled on ground that wife concealed the fact that she had been lewd & corrupt and had illegitimate child (Shrady v Logan)
g. Maybe ratified upon cohabitation after knowledge of fraud
Buccat v Buccat, 72 Phil. 19
Wife gave birth 3 months after marriage celebration. Husband filed for annulment. Ground: concealment of non-virginity. Court held that it was unbelievable that wife could have concealed 6 months of pregnancy.
Aquino v Delizo, 109 Phil. 21
The Supreme Court granted annulment because the wife concealed the fact that she was 4 months pregnant during the time of the marriage. It argued that since Delizo was “naturally plump,” Aquino could hardly be expected to know, by
mere looking, whether or not she was pregnant at the time of the marriage.
Almelor v. RTC, (2008)
It is the concealment of homosexuality, and not homosexuality per se, that vitiates the consent of the innocent party. Such concealment presupposes bad faith and intent to defraud the other party in giving consent to the marriage.
Corpuz v. Ochoterena, (2004)
In a legal separation or annulment case, the prosecuting attorney must first rule out collusion as a condition sine qua non for further proceedings. A certification by the prosecutor that he was present during the hearing and even cross-examined the plaintiff does not suffice to comply with the mandatory requirement.
STD: Art. 45 vs. Art. 46 Art. 45 STD Art. 46 STD
Ground for annulment The STD is a type of fraud which is a ground for annulment
Does not have to be concealed
Must be concealed Must be serious and
incurable
Need not be serious nor incurable
The STD itself is the ground for annulment
It is the concealment that gives rise to the annulment
Effect of Cure to Fraud in Art. 46:
Recovery or rehabilitation from STD, drug addiction, and habitual alcoholism will NOT BAR ACTION for annulment;
defect: not the disease, but the FRAUD which VITIATED CONSENT
4. Force, intimidation, undue influence
a. FORCE must be one as to prevent party from acting as a free agent; will destroyed by fear/compulsion
b. INTIMIDATION must be one as to compel the party by reasonable/well-grounded fear/evil imminent upon person/properties
c. DEGREE OF INTIMIDATION: age, sex, condition of person borne in mind d. A threat to enforce claim thru competent
authority, lawful or not, does not vitiate consent
e. VIOLENCE or INTIMIDATION annul obligation even if by third person (Art.
1336, CC)
f. UNDUE INFLUENCE when improper advantage of his power over the will of
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another, depriving freedom of choice.
(Art. 1337, CC)
EXAMPLE: confidentiality, family relations, suffering from mental weakness, in financial distress g. Threat to FILE A CASE OF immorality
on bar candidate where he does not marry a girl who he has impregnated does not vitiate consent (Ruiz v Atienza) h. Threat or intimidation as no to act as
FREE AGENT; threatened of armed demonstrations by brother is ANNULLABLE (Tiongco v Matig-a) i. Man rapes a girl, marries her & has no
intention to live with the girl; marriage is annullable (People v Santiago)
j. Committee added “undue influence”, maybe compelled to enter out of REVERENTIAL FEAR e.g., fear of causing distress to parents, grandparents, etc
5. Impotency
a. should exist at the time of celebration marriage
b. should continue to the time of trying annulment case
c. should appear incurable
d. should be unknown to the other party e. physical condition: sexual intercourse
with a person of the opposite sex is impossible, not mere sterility
f. only potent spouse can file action (principle: one cannot come to court with unclean hands)
g. must exist at time of marriage, must be continuous, must be incurable; thus if removable by operation, NOT ANNULLABLE (Sarao v Guevarra, CA, 40 O.G. 155 Supp. 263)
h. both spouses impotent, marriage cannot be annulled because neither spouse is aggrieved
i. impotency due to old age, marriage cannot be annulled
j. POTENCY PRESUMED; party who alleges impotency has burden of proof (Jimenez v Canizares)
k. Although potency is presumed, there is a doctrine in England called TRIENNIAL COHABITATION that if wife remains virgin after 3 yrs, husband presumed impotent & has burden to prove otherwise (Tompkins v Tompkins) l. REFUSAL of wife to be examined DOES
NOT PRESUME impotency because Filipino women are inherently shy &
bashful; TC must order physical examination because w/o proof of
impotency, she is presumed potent; to order her to undergo physical exam does not infringe constitutional rights against self-incriminating (Jimenez v Canizares)
m. Villanueva vs. CA (2006): Absence of cohabitation is not a ground for annulment.
n. NOTE: if wife continues to refuse to undergo physical exam, she can be held for CONTEMPT & ordered to be confined in jail until she does so
o. RELATIVE IMPOTENCY: may now be invoked because there are cases where one is impotent with respect to his spouse but not with other men or women.
p. EXAMPLE: penile erection to other women possible; unusually large penis can fit with abnormally large vagina 6. Sexually-transmissible disease serious and
incurable
a. should exist at the time of the marriage b. should be found serious
c. should appear to be incurable d. Should be unknown to other party e. reason: danger to the health of spouse
& offspring/s
f. same as incurable impotency
g. Ratification or Convalidation of Voidable Marriages: by cohabitation or prescription cannot be ratified or convalidated:
prior subsisting marriage; would result in anomalous relationship
vitiated by impotency remains as long as afflicted
vitiated by affliction of STD remains as long as afflicted
Affliction of STD is unknown to the other spouse (BALANE)
The other spouse must also be free from a similar STD. (BALANE) h. 2 & 3 prescribe w/in 5 yrs by Art. 47(5)
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B. Who may File, Prescription, Ratification Ground
(Art. 45)
Who can file (Art. 47)
Prescription (Art. 47)
Ratification (Art. 45) Lack of parental consent 1. Underage party 1. 5 years after
attaining 21.
Free cohabitation after attaining age of 21.
2. Parent or guardian 2. Before child reaches 21.
Insanity 1. Sane spouse with
no knowledge of the other’s insanity
2. Legal guardian of insane party
1. Any time before the death of either party
Free cohabitation of insane party after insane party comes to reason
3. Insane party 2. During lucid interval or after regaining sanity, and before death
Fraud Injured party
(defrauded party)
Five years after discovery of fraud
Free cohabitation after having full knowledge of fraud
Force, intimidation, undue influence
Injured party Five years after
disappearance of force or intimidation
Free cohabitation after the force has ceased or disappeared
Impotence Healthy party Five years after
marriage
Deemed ratified when action prescribes
STD Healthy party Five years after
marriage
Deemed ratified when action prescribes
C. Marriages Not Subject to Ratification/Convalidation
1. One spouse is incurably impotent (Art. 47 – prescription: 5 years)
2. One spouse has an incurable STD (Art. 47 – prescription: 5 years)
3. Sane spouse marries an insane spouse w/o knowledge of insanity
4. Prior subsisting marriage
II. Marriage When One Spouse Absent
A. Requirements for Subsequent Marriage to be Valid When Prior Spouse is Absent (Art. 41, FC):
1. The prior spouse had been absent for 4 consecutive years, or 2 years in cases under Art. 391 CC.
2. The spouse present has a well-founded belief that the absent spouse was already dead.
3. The spouse present must institute a summary proceeding for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
__________
B. Effect of Reappearance of Absent Spouse:
General Rule—
The subsequent marriage remains valid.
Exception—
It is automatically terminated by the recording of the affidavit of reappearance of the absent spouse.
Exception to the Exception—
If there is a judgment annulling the previous marriage or declaring it void ab initio. (Art.
42, FC) TOLENTINO
Status of Subsequent Marriage: generally considered bigamous & void EXCEPT par. 2 of this article; good faith w/o falling under par. 2 will render marriage VOID
When Voidable: must act in GOOD FAITH and 1. absent spouse not heard from 7 consecutive
yrs
2. although absent for less than 7 yrs, generally considered dead
3. presumed to be dead after 4 yrs when occurrence of death in A391
Judicial Declaration Unnecessary: purpose of validity of marriage, missing spouse need not be judicially declared an absentee, enough required
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period elapsed from time the absentee was last heard not from judicial declaration. After 7 years, presumptive death arises w/o need for judicial declaration
Prior Voidable Marriage: UNLESS final judgment or dissolved by death, subsequent marriage NULL & VOID
Status of Subs Marriage: during subsisting marriage, remarriage is BIGAMOUS & VOID.
EXCEPT:
1. absentee four years or for two under special circumstances
2. absence gives rise to presumption of death w/c is required to be declared in SUMMARY PROCEEDING to enable to remarry
Period of Absence:
1. GENERALLY, under CC, 7 years required for declaration of presumptive death For REMARRIAGE, reduced to 4 years by FC 2. EXCEPT in cases, CC 4 years & FC 2 years
IF
a. ON BOARD VESSEL lost at sea voyage, airplane
b. ARMED FORCES in war
c. DANGER OF DEATH under other circumstances, existence not known Good Faith: PERIOD of absence for PRESUMPTIVE DEATH is MANDATORY thus cannot be shortened by good faith and if be done so will be VOID
Burden of Proof: two successive marriages, presumption on validity of 2nd marriage and burden on party ATTACKING VALIDITY OF 2ND
MARR. PRESUMPTION in favor of
INNOCENCE prevails over PRESUMPTION of CONTINUANCE OF LIFE OF 1ST SPOUSE &
MARITAL RELATIONS.
Meaning of “Absent” spouse
1. Absent for 4 years having well-founded belief of death
2. period of 4 years reduced to 2 years in danger of death in A391 CC where:
a. on board vessel lost at sea or airplane (includes all kinds of watercraft &
aircraft)
b. armed forces in war
(all military operations involving armed fighting; does not apply to nurses, doctors, reporters or cameramen) c. danger of death