[PFR] Midterms - All Provisions on Marriages

ARTICLE 15 (NCC)

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

ARTICLE 26 (FC)

All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38.

ARTICLE 56 (FC) - 1

The petition for legal separation shall be denied on any of the following grounds:

(1) Where the aggrieved party has condoned the offense or act complained of

ARTICLE 56 (FC) - 2

(2) Where the aggrieved party has consented to the commission of the offense or act complained of

ARTICLE 56 (FC) - 3

(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation

ARTICLE 56 (FC) - 4

(4) Where both parties have given ground for legal separation (MUTUAL RECRIMINATION)

ARTICLE 56 (FC) - 5

(5) Where there is collusion between the parties to obtain decree of legal separation

ARTICLE 56 (FC) - 6

(6) Where the action is barred by prescription.

ARTICLE 57. An action for legal separation shall be filed within five years from the time of the occurrence of the cause.

ARTICLE 55 (FC) - 1

A petition for legal separation may be filed on any of the following grounds:

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner

ARTICLE 55 (FC) - 2

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation

ARTICLE 55 (FC) - 3

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement

ARTICLE 55 (FC) - 4

(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned

ARTICLE 55 (FC) - 5

(5) Drug addiction or habitual alcoholism of the respondent

ARTICLE 55 (FC) - 6

(6) Lesbianism or homosexuality of the respondent

ARTICLE 55 (FC) - 7

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad

ARTICLE 55 (FC) - 8

(8) Sexual infidelity or perversion

ARTICLE 55 (FC) - 9

(9) Attempt by the respondent against the life of the petitioner

ARTICLE 55 (FC) - 10

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year

ARTICLE 46 (FC) - 1

Any of the following circumstances shall constitute fraud referred to in Art. 45(3):

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude

ARTICLE 46 (FC) - 2

(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband

ARTICLE 46 (FC) - 3

(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage

ARTICLE 46 (FC) - 4

(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage

ARTICLE 45 (FC) - 1

A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) One party was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian, or person having substitute parental authority over the party

ARTICLE 45 (FC) - 2

(2) That either party was of unsound mind

ARTICLE 45 (FC) - 3

(3) That the consent of either party was obtained by fraud

ARTICLE 45 (FC) - 4

(4) That the consent of either party was obtained by force, intimidation or undue influence

ARTICLE 45 (FC) - 5

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable

ARTICLE 45 (FC) - 6

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.

Molina Guideline 1

Burden of proof to show the nullity of the marriage belongs to the plaintiff.

Retained in Andal

Molina Guideline 2

The root cause of the psychological incapacity must be:

(a) medically or clinically identified,

(b) alleged in the complaint,

(c) sufficiently proven by experts and

(d) clearly explained in the decision.

Abandoned in Andal: Expert Testimony not required, but TOTALITY OF EVIDENCE

Molina Guideline 3

The incapacity must be proven to be existing at "the time of the celebration" of the marriage. (Juridical Antecedence)

Retained in Andal

Molina Guideline 4

Such incapacity must also be shown to be medically or clinically permanent or incurable.

Reinterpreted in Andal: LEGAL INCURABILITY, not medical. Couple's respective personality structures are so incompatible and antagonistic that the only result of the union would be the inevitable breakdown of marriage

Molina Guideline 5

Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage

Retained in Andal

Molina Guideline 6

The essential marital obligations must be those embraced by Articles 68-71, (regarding husband and wife) and Articles 220, 221 & 225 (regarding parents and children).

Retained in Andal

*Although all these are present, the presence of these facts are not sufficient with psychological incapacity. It must be shown that failure to uphold the obligations will negatively impact the marriage.

Molina Guideline 7

Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts

Retained in Andal

ARTICLE 35 (FC) - 1

The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians

ARTICLE 35 (FC) - 2

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so

ARTICLE 35 (FC) - 3

(3) Those solemnized without license, except those covered the preceding Chapter

ARTICLE 35 (FC) - 4

(4) Those bigamous or polygamous marriages not falling under Article 41

ARTICLE 35 (FC) - 5

(5) Those contracted through mistake of one contracting party as to the identity of the other

ARTICLE 35 (FC) - 6

(6) Those subsequent marriages that are void under Article 5

ARTICLE 40 (FC)

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.

ARTICLE 39 (FC)

The action or defense for the declaration of absolute nullity shall not prescribe.

RA 8533

This amendment removed the 10-YEAR prescriptive period for filing an action or defense for the declaration of absolute nullity of marriage under Article 36 (psychological incapacity).

A.M. No. 02-11-10-SC

Limits the right to file for a declaration of nullity/annulment to spouses [March 15, 2003]

ARTICLE 72 (FC)

When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief.

SEC. 8, RA 9262 (PROTECTION ORDERS)

A protection order (BPO, TPO, or PPO) may be issued to prevent further acts of violence and allow her to independently regain control of her life.

Reliefs granted may include:

- prohibiting the respondent from harassing or contacting the petitioner,

- directing the respondent to stay away from specific places frequented by the petitioner,

- removal and exclusion of the respondent from the petitioner's residence.

SEC. 8 (G), RA 9262

The court shall order an appropriate percentage of the respondent's income or salary to be withheld regularly by the employer and automatically remitted directly to the woman.

SEC. 21, RA 9262

Violation of a Barangay Protection Order (BPO) is punishable by imprisonment upon filing a complaint in the municipal courts.

Violation of a Temporary Protection Order (TPO) or a Permanent Protection Order (PPO) is considered contempt of court.

Failure to remit and/or withhold, or any delay in the remittance of support without justifiable cause, shall render the respondent or his employer liable for indirect contempt of court.

RA 9262

Anti-Violence Against Women and their Children Act