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Ylagan Family Code and Canon Law 2
Ylagan Family Code and Canon Law 2
Ylagan Family Code and Canon Law 2
1. What is Marriage?
1987 Constitution of the Family Code of the Philippines Code Canon Law Catechism of the Catholic
Philippines Church
ARTICLE XV ARTICLE 1. Marriage is a special Can. 1055 §1. The matrimonial 1601 "The matrimonial covenant,
The Family contract of permanent union covenant, by which a man and a by which a man and a woman
SECTION 1. The State recognizes between a man and a woman woman establish between establish between themselves a
the Filipino family as the foundation entered into in accordance with law themselves a partnership of the partnership of the whole of life, is
of the nation. Accordingly, it shall for the establishment of conjugal whole of life and which is ordered by its nature ordered toward the
strengthen its solidarity and actively and family life. It is the foundation by its nature to the good of the good of the spouses and the
promote its total development. of the family and an inviolable spouses and the procreation and procreation and education of
SECTION 2. Marriage, as an social institution whose nature, education of offspring, has been offspring; this covenant between
inviolable social institution, is the consequences, and incidents are raised by Christ the Lord to the baptized persons has been raised
foundation of the family and shall governed by law and not subject to dignity of a sacrament between the by Christ the Lord to the dignity of a
be protected by the State. stipulation, except that marriage baptized. sacrament."84
settlements may fix the property
relations during the marriage within §2. For this reason, a valid
the limits provided by this Code. matrimonial contract cannot exist 84 ⇒ CIC, can. 1055 # 1; cf. GS 48
between the baptized without it # 1.
being by that fact a sacrament.
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)
of Republic Act No. 386, otherwise known as the Civil Code of the the same marriage.
Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39,
40, 41 and 42 of Presidential Decree No. 603, otherwise known as the Can. 1060 Marriage possesses the favor of law; therefore, in a case of
Child and Youth Welfare Code, as amended, and all laws, decrees, doubt, the validity of a marriage must be upheld until the contrary is
executive orders, proclamations, rules and regulations, or parts thereof, proven.
inconsistent herewith are hereby repealed. (n)
ARTICLE 255. If any provision of this Code is held invalid, all the
other provisions not affected thereby shall remain valid. (n)
ARTICLE 257. This Code shall take effect one year after the
completion of its publication in a newspaper of general circulation, as
certified by the Executive Secretary, Office of the President.
Publication shall likewise be made in the Official Gazette. (n)
DONE in the City of Manila, this 6th day of July, in the year of Our Lord,
Nineteen Hundred and Eighty-Seven.
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)
(1) Legal capacity of the contracting parties who must be a male and a which is ordered by its nature to the good of the spouses and the
female; and procreation and education of offspring, has been raised by Christ the
(2) Consent freely given in the presence of the solemnizing officer. (53a) Lord to the dignity of a sacrament between the baptized.
ARTICLE 3. The formal requisites of marriage are: §2. For this reason, a valid matrimonial contract cannot exist between the
(1) Authority of the solemnizing officer; baptized without it being by that fact a sacrament.
(2) A valid marriage license except in the cases provided for in Chapter 2
of this Title; and CHAPTER IV.
(3) A marriage ceremony which takes place with the appearance of the MATRIMONIAL CONSENT
contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the Can. 1095 The following are incapable of contracting marriage:
presence of not less than two witnesses of legal age. (53a, 55a) 1/ those who lack the sufficient use of reason;
2/ those who suVer from a grave defect of discretion of judgment
ARTICLE 4. The absence of any of the essential or formal requisites concerning the essential matrimonial rights and duties mutually to be
shall render the marriage void ab initio, except as stated in Article 35 handed over and accepted;
(2). 3/ those who are not able to assume the essential obligations of marriage
for causes of a psychic nature.
A defect in any of the essential requisites shall render the marriage
voidable as provided in Article 45. Can. 1096 §1. For matrimonial consent to exist, the contracting parties
must be at least not ignorant that marriage is a permanent partnership
An irregularity in the formal requisites shall not affect the validity of the between a man and a woman ordered to the procreation of offspring by
marriage but the party or parties responsible for the irregularity shall be means of some sexual cooperation.
civilly, criminally and administratively liable. (n) §2. This ignorance is not presumed after puberty.
CHAPTER 3 Can. 1097 §1. Error concerning the person renders a marriage invalid.
Void and Voidable Marriages §2. Error concerning a quality of the person does not render a marriage
invalid even if it is the cause for the contract, unless this quality is directly
ARTICLE 35. The following marriages shall be void from the and principally intended.
beginning:
xxx Can. 1098 A person contracts invalidly who enters into a marriage
(2) Those solemnized by any person not legally authorized to perform deceived by malice, perpetrated to obtain consent, concerning some
marriages unless such marriages were contracted with either or both quality of the other partner which by its very nature can gravely disturb
parties believing in good faith that the solemnizing officer had the legal the partnership of conjugal life.
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)
authority to do so;
Can. 1099 Error concerning the unity or indissolubility or sacramental
ARTICLE 45. A marriage may be annulled for any of the following causes, dignity of marriage does not vitiate matrimonial consent provided that it
existing at the time of the marriage: does not determine the will.
(1) That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over but below twenty-one, Can. 1100 The knowledge or opinion of the nullity of a marriage does not
and the marriage was solemnized without the consent of the parents, necessarily exclude matrimonial consent.
guardian or person having substitute parental authority over the party,
in that order, unless after attaining the age of twenty-one, such party Can. 1101 §1. The internal consent of the mind is presumed to conform
freely cohabited with the other and both lived together as husband to the words and signs used in celebrating the marriage.
and wife; §2. If, however, either or both of the parties by a positive act of the will
(2) That either party was of unsound mind, unless such party, after exclude marriage itself, some essential element of marriage, or some
coming to reason, freely cohabited with the other as husband and essential property of marriage, the party contracts invalidly.
wife;
(3) That the consent of either party was obtained by fraud, unless such Can. 1102 §1. A marriage subject to a condition about the future cannot
party afterwards, with full knowledge of the facts constituting the be contracted validly.
fraud, freely cohabited with the other as husband and wife; §2. A marriage entered into subject to a condition about the past or the
(4) That the consent of either party was obtained by force, intimidation or present is valid or not insofar as that which is subject to the condition
undue influence, unless the same having disappeared or ceased, exists or not.
such party thereafter freely cohabited with the other as husband and §3. The condition mentioned in §2, however, cannot be placed licitly
wife; without the written permission of the local ordinary.
(5) That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears Can. 1103 A marriage is invalid if entered into because of force or grave
to be incurable; or fear from without, even if unintentionally inflicted, so that a person is
(6) That either party was afflicted with a sexually-transmissible disease compelled to choose marriage in order to be free from it.
found to be serious and appears to be incurable. (85a)
Can. 1108 §1. Only those marriages are valid which are contracted
before the local ordinary, pastor, or a priest or deacon delegated by
either of them, who assist, and before two witnesses according to the
rules expressed in the following canons and without prejudice to the
exceptions mentioned in cann. ⇒ 144, ⇒ 1112, §1, ⇒ 1116, and ⇒ 1127,
§§1-2.
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4. What is the age requirement to contract a marriage under the Family Code of the Philippines and under the Code of Canon Law?
ARTICLE 15. Any contracting party between the age of twenty-one and
twenty-five shall be obliged to ask their parents or guardian for advice
upon the intended marriage. If they do not obtain such advice, or if it be
unfavorable, the marriage license shall not be issued till after three
months following the completion of the publication of the application
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ARTICLE 11. Where a marriage license is required, each of the Can. 1069 All the faithful are obliged to reveal any impediments they
contracting parties shall file separately a sworn application for such know about to the pastor or local ordinary before the celebration of the
license with the proper local civil registrar which shall specify the marriage.
following:
(1) Full name of the contracting party; Can. 1070 If someone other than the pastor who is to assist at marriage
(2) Place of birth; has conducted the investigations, the person is to notify the pastor about
(3) Age and date of birth; the results as soon as possible through an authentic document.
(4) Civil status;
(5) If previously married, how, when and where the previous marriage Can. 1071 §1. Except in a case of necessity, a person is not to assist
was dissolved or annulled; without the permission of the local ordinary at:
(6) Present residence and citizenship; 1/ a marriage of transients;
(7) Degree of relationship of the contracting parties; 2/ a marriage which cannot be recognized or celebrated according to the
(8) Full name, residence and citizenship of the father; norm of civil law;
(9) Full name, residence and citizenship of the mother; and 3/ a marriage of a person who is bound by natural obligations toward
(10) Full name, residence and citizenship of the guardian or person another party or children arising from a previous union;
having charge, in case the contracting party has neither father nor mother 4/ a marriage of a person who has notoriously rejected the Catholic faith;
and is under the age of twenty-one years. 5/ a marriage of a person who is under a censure;
6/ a marriage of a minor child when the parents are unaware or
The applicants, their parents or guardians shall not be required to exhibit reasonably opposed;
their residence certificates in any formality in connection with the 7/ a marriage to be entered into through a proxy as mentioned in ⇒ can.
securing of the marriage license. (59a) 1105.
§2. The local ordinary is not to grant permission to assist at the marriage
ARTICLE 12. The local civil registrar, upon receiving such application, of a person who has notoriously rejected the Catholic faith unless the
shall require the presentation of the original birth certificates or, in default norms mentioned in ⇒ can. 1125 have been observed with necessary
thereof, the baptismal certificates of the contracting parties or copies of adaptation.
such documents duly attested by the persons having custody of the
originals. These certificates or certified copies of the documents required Can. 1072 Pastors of souls are to take care to dissuade youth from the
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by this Article need not be sworn to and shall be exempt from the celebration of marriage before the age at which a person usually enters
documentary stamp tax. The signature and official title of the person marriage according to the accepted practices of the region.
issuing the certificate shall be sufficient proof of its authenticity.
ARTICLE 13. In case either of the contracting parties has been previously
married, the applicant shall be required to furnish, instead of the birth or
baptismal certificate required in the last preceding article, the death
certificate of the deceased spouse or the judicial decree of the absolute
divorce, or the judicial decree of annulment or declaration of nullity of his
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6. What are the instances of Marriages which are exempt from the Marriage License Requirement?
ARTICLE 27. In case either or both of the contracting parties are at the Can. 1130 For a grave and urgent cause, the local ordinary can permit a
point of death, the marriage may be solemnized without the necessity of marriage to be celebrated secretly.
a marriage license and shall remain valid even if the ailing party
subsequently survives. (72a) asia dc Can. 1131 Permission to celebrate a marriage secretly entails the
following:
ARTICLE 28. If the residence of either party is so located that there is no 1/ the investigations which must be conducted before the marriage are
means of transportation to enable such party to appear personally before done secretly;
the local civil registrar, the marriage may be solemnized without the
necessity of a marriage license. (72a) 2/ the local ordinary, the one assisting, the witnesses, and the spouses
observe secrecy about the marriage celebrated.
ARTICLE 29. In the cases provided for in the two preceding articles, the
solemnizing officer shall state in an affidavit executed before the local Can. 1132 The obligation of observing the secrecy mentioned in ⇒ can.
civil registrar or any other person legally authorized to administer oaths 1131, n. 2 ceases on the part of the local ordinary if grave scandal or
that the marriage was performed in articulo mortis or that the residence of grave harm to the holiness of marriage is imminent due to the
either party, specifying the barrio or barangay, is so located that there is observance of the secret; this is to be made known to the parties before
no means of transportation to enable such party to appear personally the celebration of the marriage.
before the local civil registrar and that the officer took the necessary
steps to ascertain the ages and relationship of the contracting parties and Can. 1133 A marriage celebrated secretly is to be noted only in a special
the absence of a legal impediment to the marriage. (72a) register to be kept in the secret archive of the curia.
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ARTICLE 30. The original of the affidavit required in the last preceding
article, together with a legible copy of the marriage contract, shall be sent
by the person solemnizing the marriage to the local civil registrar of the
municipality where it was performed within the period of thirty days after
the performance of the marriage. (73a)
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(2) Any priest, rabbi, imam, or minister of any church or religious sect diocesan bishop can delegate lay persons to assist at marriages, with the
duly authorized by his church or religious sect and registered with the previous favorable vote of the conference of bishops and after he has
civil registrar general, acting within the limits of the written authority obtained the permission of the Holy See.
granted him by his church or religious sect and provided that at least one
of the contracting parties belongs to the solemnizing officer's church or §2. A suitable lay person is to be selected, who is capable of giving
religious sect; instruction to those preparing to be married and able to perform the
(3) Any ship captain or airplane chief only in the cases mentioned in matrimonial liturgy properly.
Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, Can. 1113 Before special delegation is granted, all those things which
in the absence of the latter, during a military operation, likewise only in the law has established to prove free status are to be fulfilled.
the cases mentioned in Article 32; or
(5) Any consul-general, consul or vice-consul in the case provided in Can. 1114 The person assisting at marriage acts illicitly unless the
Article 10. (56a) person has made certain of the free status of the contracting parties
according to the norm of law and, if possible, of the permission of the
pastor whenever the person assists in virtue of general delegation.
a marriage license and shall remain valid even if the ailing party observance of the secret; this is to be made known to the parties before
subsequently survives. (72a) asia dc the celebration of the marriage.
ARTICLE 28. If the residence of either party is so located that there Can. 1133 A marriage celebrated secretly is to be noted only in a special
is no means of transportation to enable such party to appear register to be kept in the secret archive of the curia.
personally before the local civil registrar, the marriage may be
solemnized without the necessity of a marriage license. (72a)
ARTICLE 29. In the cases provided for in the two preceding articles, the
solemnizing officer shall state in an affidavit executed before the local
civil registrar or any other person legally authorized to administer oaths
that the marriage was performed in articulo mortis or that the
residence of either party, specifying the barrio or barangay, is so
located that there is no means of transportation to enable such
party to appear personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages and relationship of
the contracting parties and the absence of a legal impediment to the
marriage. (72a)
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)
the contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the Can. 1118
presence of not less than two witnesses of legal age. (53a, 55a) §1. A marriage between Catholics or between a Catholic party and a non-
Catholic baptized party is to be celebrated in a parish church. It can be
ARTICLE 8. The marriage shall be solemnized publicly in the chambers celebrated in another church or oratory with the permission of the local
of the judge or in open court, in the church, chapel or temple, or in the ordinary or pastor.
office of the consul-general, consul or vice-consul, as the case may be,
and not elsewhere, except in cases of marriages contracted at the point §2. The local ordinary can permit a marriage to be celebrated in another
of death or in remote places in accordance with Article 29 of this Code, or suitable place.
where both of the parties request the solemnizing officer in writing in
which case the marriage may be solemnized at a house or place §3. A marriage between a Catholic party and a non-baptized party can be
designated by them in a sworn statement to that effect. (57a) celebrated in a church or in another suitable place.
ARTICLE 29. In the cases provided for in the two preceding articles, the Can. 1119 Outside the case of necessity, the rites prescribed in the
solemnizing officer shall state in an affidavit executed before the local liturgical books approved by the Church or received by legitimate
civil registrar or any other person legally authorized to administer oaths customs are to be observed in the celebration of a marriage.
that the marriage was performed in articulo mortis or that the residence of
either party, specifying the barrio or barangay, is so located that there is Can. 1120 The conference of bishops can produce its own rite of
no means of transportation to enable such party to appear personally marriage, to be reviewed by the Holy See, in keeping with the usages of
before the local civil registrar and that the officer took the necessary places and peoples which are adapted to the Christian spirit;
steps to ascertain the ages and relationship of the contracting parties and nevertheless, the law remains in effect that the person who assists at the
the absence of a legal impediment to the marriage. (72a) marriage is present, asks for the manifestation of consent of the
contracting parties, and receives it.
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)
ARTICLE 1. Marriage is a special contract of permanent union between Lord to the dignity of a sacrament between the baptized.
a man and a woman entered into in accordance with law for the
establishment of conjugal and family life. It is the foundation of the §2. For this reason, a valid matrimonial contract cannot exist between the
family and an inviolable social institution whose nature, consequences, baptized without it being by that fact a sacrament.
and incidents are governed by law and not subject to stipulation, except
that marriage settlements may fix the property relations during the Can. 1056 The essential properties of marriage are unity and
marriage within the limits provided by this Code. (52a) indissolubility, which in Christian marriage obtain a special firmness by
reason of the sacrament.
CHAPTER II.
DIRIMENT IMPEDIMENTS IN GENERAL
Can. 1075 §1. It is only for the supreme authority of the Church to
declare authentically when divine law prohibits or nullifies marriage.
§2. Only the supreme authority has the right to establish other
impediments for the baptized.
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)
Can. 1077 §1. In a special case, the local ordinary can prohibit marriage
for his own subjects residing anywhere and for all actually present in his
own territory but only for a time, for a grave cause, and for as long as the
cause continues.
§2. Only the supreme authority of the Church can add a nullifying clause
to a prohibition.
Can. 1078 §1. The local ordinary can dispense his own subjects residing
anywhere and all actually present in his own territory from all
impediments of ecclesiastical law except those whose dispensation is
reserved to the Apostolic See.
Can. 1079 §1. In urgent danger of death, the local ordinary can dispense
his own subjects residing anywhere and all actually present in his territory
both from the form to be observed in the celebration of marriage and from
each and every impediment of ecclesiastical law, whether public or
occult, except the impediment arising from the sacred order of
presbyterate.
§2. In the same circumstances mentioned in §1, but only for cases in
which the local ordinary cannot be reached, the pastor, the properly
delegated sacred minister, and the priest or deacon who assists at
marriage according to the norm of ⇒ can. 1116, §2 possess the same
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)
power of dispensing.
§3. In danger of death a confessor possesses the power of dispensing
from occult impediments for the internal forum, whether within or outside
the act of sacramental confession.
§4. In the case mentioned in §2, the local ordinary is not considered
accessible if he can be reached only through telegraph or telephone.
Can. 1081 The pastor or the priest or deacon mentioned in ⇒ can. 1079,
§2 is to notify the local ordinary immediately about a dispensation
granted for the external forum; it is also to be noted in the marriage
register.
(5) Between the surviving spouse of the adopting parent and the adopted
child; Can. 1087 Those in sacred orders invalidly attempt marriage.
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter; Can. 1088 Those bound by a public perpetual vow of chastity in a
(8) Between adopted children of the same adopter; and religious institute invalidly attempt marriage.
(9) Between parties where one, with the intention to marry the other,
killed that other person's spouse or his or her own spouse. (82a) Can. 1089 No marriage can exist between a man and a woman who has
been abducted or at least detained with a view of contracting marriage
ARTICLE 39. The action or defense for the declaration of absolute nullity with her unless the woman chooses marriage of her own accord after she
of a marriage shall not prescribe. (As amended by R.A. No. 8533, Feb. has been separated from the captor and established in a safe and free
23, 1998) place.
ARTICLE 40. The absolute nullity of a previous marriage may be invoked Can. 1090 §1. Anyone who with a view to entering marriage with a
for purposes of remarriage on the basis solely of a final judgment certain person has brought about the death of that person’s spouse or of
declaring such previous marriage void. (n) one’s own spouse invalidly attempts this marriage.
§2. Those who have brought about the death of a spouse by mutual
ARTICLE 41. A marriage contracted by any person during the physical or moral cooperation also invalidly attempt a marriage together.
subsistence of a previous marriage shall be null and void, unless
before the celebration of the subsequent marriage, the prior spouse had Can. 1091 §1. In the direct line of consanguinity marriage is invalid
been absent for four consecutive years and the spouse present had a between all ancestors and descendants, both legitimate and natural.
well-founded belief that the absent spouse was already dead. In case of §2. In the collateral line marriage is invalid up to and including the fourth
disappearance where there is danger of death under the circumstances degree.
set forth in the provisions of Article 391 of the Civil Code, an absence of §3. The impediment of consanguinity is not multiplied.
only two years shall be sufficient. §4. A marriage is never permitted if doubt exists whether the partners are
related by consanguinity in any degree of the direct line or in the second
For the purpose of contracting the subsequent marriage under the degree of the collateral line.
preceding paragraph, the spouse present must institute a summary
proceeding as provided in this Code for the declaration of presumptive Can. 1092 Affinity in the direct line in any degree invalidates a marriage.
death of the absentee, without prejudice to the effect of reappearance of
the absent spouse. (83a) Can. 1093 The impediment of public propriety arises from an invalid
marriage after the establishment of common life or from notorious or
ARTICLE 42. The subsequent marriage referred to in the preceding public concubinage. It nullifies marriage in the first degree of the direct
Article shall be automatically terminated by the recording of the affidavit line between the man and the blood relatives of the woman, and vice
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)
ARTICLE 44. If both spouses of the subsequent marriage acted in bad MATRIMONIAL CONSENT
faith, said marriage shall be void ab initio and all donations by reason of
marriage and testamentary dispositions made by one in favor of the other Can. 1095 The following are incapable of contracting marriage:
are revoked by operation of law. (n) 1/ those who lack the sufficient use of reason;
2/ those who suffer from a grave defect of discretion of judgment
VOIDABLE MARRIAGES concerning the essential matrimonial rights and duties mutually to be
ARTICLE 45. A marriage may be annulled for any of the following handed over and accepted;
causes, existing at the time of the marriage: 3/ those who are not able to assume the essential obligations of marriage
(1) That the party in whose behalf it is sought to have the marriage for causes of a psychic nature.
annulled was eighteen years of age or over but below twenty-one,
and the marriage was solemnized without the consent of the parents, Can. 1096 §1. For matrimonial consent to exist, the contracting parties
guardian or person having substitute parental authority over the party, must be at least not ignorant that marriage is a permanent partnership
in that order, unless after attaining the age of twenty-one, such party between a man and a woman ordered to the procreation of offspring by
freely cohabited with the other and both lived together as husband means of some sexual cooperation.
and wife; §2. This ignorance is not presumed after puberty.
(2) That either party was of unsound mind, unless such party, after
coming to reason, freely cohabited with the other as husband and Can. 1097 §1. Error concerning the person renders a marriage invalid.
wife; §2. Error concerning a quality of the person does not render a marriage
(3) That the consent of either party was obtained by fraud, unless such invalid even if it is the cause for the contract, unless this quality is directly
party afterwards, with full knowledge of the facts constituting the and principally intended.
fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or Can. 1098 A person contracts invalidly who enters into a marriage
undue influence, unless the same having disappeared or ceased, deceived by malice, perpetrated to obtain consent, concerning some
such party thereafter freely cohabited with the other as husband and quality of the other partner which by its very nature can gravely disturb
wife; the partnership of conjugal life.
(5) That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears Can. 1099 Error concerning the unity or indissolubility or sacramental
to be incurable; or dignity of marriage does not vitiate matrimonial consent provided that it
(6) That either party was afflicted with a sexually-transmissible disease does not determine the will.
found to be serious and appears to be incurable. (85a)
Can. 1100 The knowledge or opinion of the nullity of a marriage does not
ARTICLE 46. Any of the following circumstances shall constitute fraud necessarily exclude matrimonial consent.
referred to in number 3 of the preceding Article:
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)
(1) Non-disclosure of a previous conviction by final judgment of the other Can. 1101 §1. The internal consent of the mind is presumed to conform
party of a crime involving moral turpitude; to the words and signs used in celebrating the marriage.
(2) Concealment by the wife of the fact that at the time of the marriage, §2. If, however, either or both of the parties by a positive act of the will
she was pregnant by a man other than her husband; exclude marriage itself, some essential element of marriage, or some
(3) Concealment of a sexually-transmissible disease, regardless of its essential property of marriage, the party contracts invalidly.
nature, existing at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism, homosexuality or Can. 1102 §1. A marriage subject to a condition about the future cannot
lesbianism existing at the time of the marriage. be contracted validly.
No other misrepresentation or deceit as to character, health, rank, fortune§2. A marriage entered into subject to a condition about the past or the
or chastity shall constitute such fraud as will give grounds for action forpresent is valid or not insofar as that which is subject to the condition
the annulment of marriage. (86a) exists or not.
§3. The condition mentioned in §2, however, cannot be placed licitly
ARTICLE 47. The action for annulment of marriage must be filed by without the written permission of the local ordinary.
the following persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45, by the party whose Can. 1103 A marriage is invalid if entered into because of force or grave
parent or guardian did not give his or her consent, within five years fear from without, even if unintentionally inflicted, so that a person is
after attaining the age of twenty-one; or by the parent or guardian or compelled to choose marriage in order to be free from it.
person having legal charge of the minor, at any time before such party
reaches the age of twenty-one; Can. 1084 §1. Antecedent and perpetual impotence to have intercourse,
(2) For causes mentioned in number 2 of Article 45, by the sane spouse whether on the part of the man or the woman, whether absolute or
who had no knowledge of the other's insanity; by any relative, relative, nullifies marriage by its very nature.
guardian or person having legal charge of the insane, at any time §2. If the impediment of impotence is doubtful, whether by a doubt about
before the death of either party; or by the insane spouse during a the law or a doubt about a fact, a marriage must not be impeded nor,
lucid interval or after regaining sanity; while the doubt remains, declared null.
(3) For causes mentioned in number 3 of Article 45, by the injured party, §3. Sterility neither prohibits nor nullifies marriage, without prejudice to
within five years after the discovery of the fraud; the prescript of ⇒ can. 1098.
(4) For causes mentioned in number 4 of Article 45, by the injured party,
within five years from the time the force, intimidation or undue
influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured
party, within five years after the marriage. (87a)
marriage, the court shall order the prosecuting attorney or fiscal assigned
to it to appear on behalf of the State to take steps to prevent collusion
between the parties and to take care that evidence is not fabricated or
suppressed.
In the cases referred to in the preceding paragraph, no judgment shall be
based upon a stipulation of facts or confession of judgment. (88a)
ARTICLE 49. During the pendency of the action and in the absence of
adequate provisions in a written agreement between the spouses, the
court shall provide for the support of the spouses and the custody and
support of their common children. The court shall give paramount
consideration to the moral and material welfare of said children and their
choice of the parent with whom they wish to remain as provided for in
Title IX. It shall also provide for appropriate visitation rights of the other
parent. (n)
ARTICLE 50. The effects provided for in paragraphs (2), (3), (4) and (5) of
Article 43 and in Article 44 shall also apply in proper cases to marriages
which are declared void ab initio or annulled by final judgment under
Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition
and distribution of the properties of the spouses, the custody and support
of the common children, and the delivery of their presumptive legitimes,
unless such matters had been adjudicated in previous judicial
proceedings.
All creditors of the spouses as well as of the absolute community or the
conjugal partnership shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated,
shall be adjudicated in accordance with the provisions of Articles 102 and
129.
ARTICLE 51. In said partition, the value of the presumptive legitimes of all
common children, computed as of the date of the final judgment of the
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)
ARTICLE 53. Either of the former spouses may marry again after
complying with the requirements of the immediately preceding Article;
otherwise, the subsequent marriage shall be null and void.
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