Void Marriages | Marriage | FAMILY CODE

Under Philippine civil law, particularly within the Family Code, void marriages are marriages that are null from the beginning, meaning that they have no legal effect and are considered invalid as if they never existed. Here is an exhaustive review of the rules and provisions governing void marriages in the Philippines:

I. General Overview of Void Marriages

Void marriages under the Family Code of the Philippines are outlined in Articles 35, 36, 37, and 38. These are marriages that are null and void ab initio (from the beginning) due to their failure to meet essential requisites of a valid marriage as stipulated by law. Since they are considered legally non-existent, these marriages do not produce any civil effects between the parties, except for limited circumstances concerning children.

II. Grounds for Void Marriages under the Family Code

1. Absence of Requisites for Marriage (Article 35) The Family Code requires specific essential and formal requisites for a marriage to be valid. Marriages that lack any of these requisites are void. The requisites are:

   • Legal capacity of the contracting parties, who must be a male and a female.
   • Consent freely given in the presence of the solemnizing officer.

   Under Article 35, a marriage is void if:

   • Either or both parties are under 18 years of age, even if they have parental consent.
   • It was solemnized by a person not legally authorized to perform marriages, unless at least one of the parties believed in good faith that the solemnizing officer had authority.
   • It was solemnized without a valid marriage license, except in cases provided under Chapter 2 of Title I (such as marriages in articulo mortis or marriages among Muslims or members of indigenous tribes under certain conditions).
   • It is a bigamous or polygamous marriage, not falling under Article 41 (regarding a spouse declared presumptively dead).
   • It was conducted through mistake of one party as to the identity of the other.
   • Either party was psychologically incapacitated to comply with the essential marital obligations of marriage at the time of the marriage ceremony.

2. Psychological Incapacity (Article 36)

   • A marriage is also void if one or both parties are deemed psychologically incapacitated to fulfill the essential obligations of marriage. This incapacity must:
     • Exist at the time of the marriage.
     • Be grave, deeply rooted, and incurable.
   • Psychological incapacity has been widely interpreted by jurisprudence, particularly in the landmark case of Santos v. Court of Appeals and the guidelines set in Republic v. Molina.

3. Incestuous Marriages (Article 37)

   • Marriages between close relatives are void due to incestuous nature:
     • Between ascendants and descendants of any degree (e.g., parent and child, grandparent and grandchild).
     • Between brothers and sisters, whether full or half-blood.

4. Void Marriages Due to Public Policy (Article 38)

   • Certain marriages are prohibited for reasons of public policy and are therefore void:
     • Between collateral blood relatives within the fourth civil degree (e.g., first cousins).
     • Between step-parents and step-children.
     • Between parents-in-law and children-in-law.
     • Between adopting parent and adopted child.
     • Between the surviving spouse of the adopting parent and the adopted child.
     • Between the surviving spouse of the adopted child and the adopter.
     • Between an adopted child and a legitimate child of the adopter.
     • Between adopted children of the same adopter.
     • Between parties where one, with the intention to marry the other, killed the other person's spouse, or his/her own spouse.

5. Bigamous or Polygamous Marriages (Article 35(4))

   • Bigamous or polygamous marriages are void, except where Article 41 applies. Article 41 allows remarriage if one spouse has been absent for four consecutive years (or two years in specific instances, such as danger of death situations) and is declared presumptively dead by a competent court.

III. Legal Effects of Void Marriages

Void marriages generally do not produce legal effects. However, the Family Code provides certain exceptions:

1. Status of Children (Article 54)

   • Children born from void marriages are considered legitimate if both parents were in good faith and believed the marriage was valid at the time it was contracted. This is known as the “principle of legitimacy by operation of law.”

2. Property Relations

   • The property relations between parties in a void marriage are generally governed by the rules on co-ownership, provided both acted in good faith.
   • If one or both spouses acted in bad faith, the property regime defaults to forfeiture in favor of common children, or the children of the party acting in good faith.

IV. Remedies Available for Void Marriages

1. Declaration of Absolute Nullity of Marriage

   • A petition for the declaration of absolute nullity of marriage must be filed to obtain a court judgment affirming that a marriage is void ab initio.
   • Only the aggrieved spouse can initiate the action, which must be filed in the Family Court of the place where either party resides.
   • The action for declaration of nullity is imprescriptible, meaning it can be filed at any time since a void marriage has no legal standing.

2. Support and Custody of Children

   • While a void marriage has no legal effects between spouses, children born of such unions are entitled to support and custody, as well as inheritance rights if they qualify as legitimate children under Article 54.

3. Effect of Good Faith on Void Marriages

   • If one or both parties entered into the marriage in good faith, they are entitled to certain protections, especially in terms of property and inheritance rights for their children.
   • Good faith here means that one or both parties honestly believed that no legal impediment existed at the time of the marriage.

V. Differences between Void and Voidable Marriages

Void marriages are distinct from voidable marriages in Philippine law:

• Void Marriages are null from inception and require no court action to be considered legally non-existent.
• Voidable Marriages are valid until annulled by a court due to defects in consent, age, or incapacity; grounds are specified in Articles 45 and 46 of the Family Code.

In sum, the void nature of a marriage, under these guidelines, remains consistent across the Family Code provisions in the Philippines, rendering it non-existent in the eyes of the law. Nevertheless, protections for children and property rights aim to prevent undue hardship, especially for the innocent parties involved.