See also R.A. No. 11596 and Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021 | Different Grounds for Nullity | Void Marriages | Marriage | FAMILY CODE

The topic centers on the grounds for nullity of marriage in the Philippine Family Code, with particular reference to amendments and jurisprudence under Republic Act No. 11596 and the landmark Supreme Court decision in Tan-Andal v. Andal (G.R. No. 196359, May 11, 2021). To understand this thoroughly, it’s important to contextualize these elements within the broader legal framework governing marriages, particularly void marriages, under Philippine law.

I. Legal Framework on Void Marriages Under the Family Code

The Family Code of the Philippines governs marital relations, including the grounds for nullity of marriage, which makes a marriage void ab initio (from the beginning). This is distinct from an annulable marriage, which is valid until annulled. Void marriages, on the other hand, are considered legally non-existent and thus confer no legal rights or obligations between the parties.

Void Marriages are listed under Article 35, 36, 37, and 38 of the Family Code:

1. Article 35: Specifies marriages void for lack of formal requisites, including:
   • No legal capacity of either or both parties to marry.
   • Absence of consent freely given.
   • Bigamous or polygamous marriages not in compliance with Article 41.
2. Article 36: Covers void marriages due to “psychological incapacity” to fulfill essential marital obligations, which shall be detailed further given the developments in Tan-Andal v. Andal.
3. Article 37: Considers incestuous marriages void.
4. Article 38: Declares marriages void when between parties within certain degrees of consanguinity or affinity.

II. Updates Through Republic Act No. 11596

Republic Act No. 11596, enacted in 2021, addresses the issues of child marriage in the Philippines. This law prohibits and penalizes child marriages, underscoring the void nature of any marriage involving minors (individuals under 18 years of age). It strengthens the legislative framework by expanding the grounds for nullity of marriage involving minors. Thus, under R.A. 11596:

1. Marriage involving minors is now categorically void, regardless of parental consent.
2. Penalties are imposed not only on the participants in the marriage but also on adults who facilitated or coerced the marriage of minors.

This law reinforces the principle that marriage requires the capacity to enter into a binding agreement, which minors inherently lack. In this context, R.A. 11596 seeks to protect minors from the psychological, physical, and economic consequences of premature marital commitments.

III. Psychological Incapacity and the Tan-Andal v. Andal Doctrine

One of the most significant jurisprudential developments regarding void marriages on grounds of psychological incapacity occurred in the 2021 Supreme Court case Tan-Andal v. Andal. This case clarified and redefined the legal standard for “psychological incapacity” under Article 36 of the Family Code, which was previously understood through the lens of the 1997 case Santos v. Court of Appeals and Republic v. Molina.

In Tan-Andal v. Andal, the Supreme Court modified the interpretation and procedural requirements of Article 36 by adopting a more progressive view:

1. Nature of Psychological Incapacity: The Court ruled that psychological incapacity should no longer be classified strictly as a "mental disorder" as previously required. Instead, it should be understood as an incapacity rooted in an enduring condition or personality structure that renders an individual unable to comply with essential marital obligations.
2. Non-requirement of Expert Testimony: The ruling relaxed the stringent requirement for expert (psychological or psychiatric) testimony, which was previously deemed essential. The Court stated that psychological incapacity may be proven through evidence of behaviors, testimonies, and patterns in the individual’s personality that substantiate an incapacity to fulfill marital duties.
3. Totality of Evidence Rule: The Court emphasized the "totality of evidence rule," which allows judges to consider various forms of evidence in determining psychological incapacity, not limited to expert or clinical evaluations.
4. No Need for Juridical Antecedence: The Court clarified that psychological incapacity need not necessarily manifest prior to the marriage. Instead, it should be seen as an enduring trait, character, or pattern that predates the manifestation of incapacity in the marriage context.

This new understanding aligns with a more realistic view of marital obligations and the personal limitations that may prevent individuals from fully engaging in married life. It also lowers the procedural hurdles for parties seeking nullity based on psychological incapacity, making it a more accessible remedy for individuals in dysfunctional marriages.

IV. Summary of Grounds for Nullity of Marriage Under Current Philippine Law

To summarize, marriages may be declared void under the following grounds:

1. Lack of Essential or Formal Requisites (Family Code, Art. 35):
   • Lack of age capacity (now with enhanced clarity and penalties under R.A. 11596).
   • Bigamy or polygamy.
   • Marriages without a valid license or proper solemnization.
2. Psychological Incapacity (Art. 36), as clarified in Tan-Andal v. Andal:
   • Non-clinical manifestation, proved by the totality of evidence.
   • No longer requiring juridical antecedence or expert psychiatric diagnosis.
3. Incestuous Marriages (Art. 37).
4. Marriages within prohibited degrees of consanguinity or affinity (Art. 38).

V. Implications of Tan-Andal and R.A. No. 11596 for Practitioners

For legal practitioners, the implications are significant:

• Expanded Interpretative Flexibility: Courts can now examine a broader array of evidence when evaluating psychological incapacity, potentially allowing more parties to succeed in proving nullity of marriage.
• Heightened Protections for Minors: With the enactment of R.A. 11596, cases involving minors as parties to marriage are straightforwardly void, and any adult parties involved in such marriages face criminal liabilities.
• Less Stringent Requirements: The Tan-Andal decision alleviates the burden on parties to present clinical diagnoses, making Article 36 petitions potentially less costly and more attainable.

Conclusion

The landscape of marriage nullity in the Philippines has evolved through legislative and jurisprudential milestones like R.A. No. 11596 and Tan-Andal v. Andal. These developments reflect a balance between protecting the sanctity of marriage and ensuring individual welfare by voiding marriages that fundamentally lack legal or personal foundation.

Different Grounds for Nullity | Void Marriages | Marriage | FAMILY CODE

In Philippine law, void marriages are those considered legally non-existent from the beginning, having no binding force and effect due to specific defects defined by the Family Code of the Philippines. Below is a comprehensive outline of the grounds for nullity under the Civil Law framework, particularly under CIVIL LAW > III. FAMILY CODE > A. Marriage > 4. Void Marriages > a. Different Grounds for Nullity:

I. Legal Grounds for Void Marriages

According to the Family Code, void marriages are governed by Articles 35, 36, 37, 38, and 44. A marriage declared void has no legal existence and cannot produce any legal effects, such as conjugal rights or obligations. These provisions address different circumstances under which a marriage is deemed void from the beginning.

1. Lack of Essential or Formal Requirements (Article 35)

Article 35 enumerates situations where a marriage is void due to the absence of essential or formal requirements:

• Lack of Authority of the Solemnizing Officer: A marriage is void if solemnized by someone who is not legally authorized to perform marriages, except in cases of apparent authority.
• Absence of a Valid Marriage License: A marriage without a marriage license, unless exempt under Article 34 (in the case of cohabiting couples who have lived together as husband and wife for at least five years), is void.
• Marriage Solemnized without Parental Consent (for parties below 21): For individuals below 21, the lack of parental consent renders the marriage void.
• Mistake in the Identity of One Party: If one party was misled into marrying the other due to a fundamental mistake regarding the latter's identity, the marriage is void.
• Bigamous or Polygamous Marriages: Marriages that involve a party already legally married to another person are void unless the prior marriage has been annulled or a valid declaration of nullity has been issued.
• Subsequent Marriages Without Judicial Declaration of Nullity: If a prior marriage is void yet no judicial declaration of nullity was obtained, a subsequent marriage is void.

2. Psychological Incapacity (Article 36)

Article 36 addresses marriages void due to psychological incapacity:

• Definition: Psychological incapacity is defined as a mental incapacity that renders one or both spouses unable to comply with the essential marital obligations.
• Key Characteristics: For a declaration of nullity based on psychological incapacity, it must be:
  • Medically or Clinically Permanent or Incurable: The incapacity must be so severe that the affected party cannot comply with essential marital obligations.
  • Existing at the Time of Marriage: The incapacity must have existed at the time the marriage was solemnized, although it may not manifest until later.
  • Grave in Nature: The incapacity should be serious enough to render the fulfillment of marital obligations impossible.
• Examples of Psychological Incapacity: Narcissistic Personality Disorder, severe immaturity, antisocial tendencies, or other mental illnesses that prevent one from fulfilling marital obligations.

3. Incestuous Marriages (Article 37)

Marriages considered incestuous are void under Article 37:

• Relationships Within Direct Line of Ascendants and Descendants: This includes marriages between individuals who are directly related, such as parent and child or grandparent and grandchild.
• Collateral Blood Relatives Up to the Fourth Civil Degree: Siblings (whether full or half-blood) and first cousins cannot marry each other.

4. Marriages Contrary to Public Policy (Article 38)

Article 38 enumerates relationships considered contrary to public policy, rendering marriages void:

• Relationships by Affinity: These include marriages between stepparents and stepchildren, or between parents-in-law and children-in-law.
• Adoptive Relationships: This includes marriages between an adopter and the adopted child, or between the adopted child and the adopter's biological child.
• Collateral Relationships: This includes marriages between parties up to the fourth degree of collateral blood relatives, such as between an uncle and a niece or an aunt and a nephew.

5. Subsequent Marriages Without the Declaration of Presumptive Death (Article 41)

Article 41 covers the void nature of subsequent marriages under specific circumstances:

• Presumption of Death: If a spouse disappears for four years, or two years if the disappearance was due to high-risk circumstances (such as shipwreck, wartime, etc.), the present spouse may petition the court to declare the absent spouse presumptively dead.
• Marriage Solemnized Without Judicial Declaration of Presumptive Death: If the present spouse enters a subsequent marriage without obtaining a judicial declaration of presumptive death for the absent spouse, the marriage is void.
• Effect of Reappearance of the Absent Spouse: If the absent spouse reappears after a valid judicial declaration of presumptive death, the subsequent marriage remains valid unless annulled.

6. Marriages Under Article 44 (Fraud, Force, Intimidation, or Undue Influence)

Article 44 provides grounds for declaring a marriage voidable, but it also indirectly contributes to grounds for nullity in specific situations involving fraud, force, intimidation, or undue influence:

• Marriage by Fraud: Marriages induced by fraudulent means that affect the consent of one or both parties may be rendered void.
• Marriages Obtained Through Force, Intimidation, or Undue Influence: When consent is not freely given due to coercion, the marriage may be nullified. However, these are technically classified as voidable rather than void ab initio but may be nullified by the court.

II. Effects and Consequences of a Declaration of Nullity

A void marriage is considered to have no legal existence, hence it produces no rights and obligations between the parties, as if the marriage never took place. Here are specific legal effects:

• Status of Children: Legitimate status of children from a void marriage is recognized under Article 54 of the Family Code if the marriage was entered in good faith.
• Property Relations: In cases of nullity, the property relations are typically governed by co-ownership rules.
• Inheritance Rights: A declaration of nullity removes inheritance rights between spouses.
• No Conjugal Partnership or Absolute Community of Property: Since the marriage is void, no community of property is established, and properties are governed under individual ownership.

III. Judicial Process for Declaration of Nullity

• Initiation by Petition: The nullity of marriage can only be declared through a judicial proceeding initiated by a petition filed by any interested party.
• Effectivity of the Declaration: The marriage remains void from the beginning; however, a court declaration formalizes its status and allows for the disposition of matters like child custody and property division.
• Finality of Declaration: A declaration of nullity does not allow for reconciliation.