I. Introduction

Marriage in the Philippines is not merely a private agreement between two persons. It is a special contract of permanent union, governed by law, entered into in accordance with strict legal requirements, and protected by the State as the foundation of the family. Because of this public interest, Philippine law does not treat marriage like an ordinary civil contract that may be casually formed, ratified, or ignored.

A marriage allegedly entered into without the knowledge or consent of one party raises serious legal questions. It may involve lack of consent, fraud, force, intimidation, mistake, falsification of public documents, identity theft, sham marriage, or even criminal liability. The legal consequence depends on the precise facts: whether the person truly did not participate, whether the signature was forged, whether the ceremony occurred, whether one party was deceived, whether consent was given but vitiated, and whether the marriage was later ratified.

Under Philippine law, consent is one of the essential requisites of marriage. Without valid consent, there is no valid marriage. However, the legal classification may be different depending on the defect: the marriage may be void from the beginning, voidable, or merely affected by criminal or administrative wrongdoing while remaining legally effective until annulled.

II. Governing Law

The principal law governing marriage in the Philippines is the Family Code of the Philippines, which took effect on August 3, 1988. It provides the essential and formal requisites of marriage, the grounds for void and voidable marriages, and the consequences of defects in consent.

The Civil Code may still be relevant for marriages celebrated before the Family Code took effect, while the Revised Penal Code, civil registration laws, and special laws may apply when the issue involves falsification, fraud, coercion, identity misrepresentation, or irregular registration.

III. Marriage as a Special Contract

The Family Code defines marriage as a special contract of permanent union between 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 family and is inviolable.

Although Philippine constitutional and statutory language historically defines marriage as between a man and a woman, the main issue in this article is not sex or gender, but consent: whether a person can be validly married without knowing or agreeing to the marriage.

The answer, in principle, is no. A person cannot be validly made a spouse without the essential legal element of consent. But the remedy and legal classification depend on how the supposed lack of consent occurred.

IV. Essential Requisites of Marriage

Under Article 2 of the Family Code, the essential requisites of marriage are:

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

The law requires not only consent, but consent freely given and given in the presence of the solemnizing officer. This means that marriage requires a personal, voluntary, and legally meaningful act by both parties.

If one person never appeared, never consented, never authorized the marriage, or had their signature forged, the situation is not a mere irregularity. It attacks the very existence of the marriage.

V. Formal Requisites of Marriage

Under Article 3 of the Family Code, the formal requisites are:

Authority of the solemnizing officer;
A valid marriage license, except in cases where a license is not required; and
A marriage ceremony where the contracting parties appear before the solemnizing officer and personally declare that they take each other as husband and wife in the presence of at least two witnesses of legal age.

This is important because a marriage cannot validly exist through paperwork alone. There must be a ceremony, personal appearance, and personal declaration.

A person who had no knowledge of a marriage and did not participate in any ceremony has strong grounds to argue that no valid marriage was ever celebrated.

VI. Absence of Consent: Void Marriage

A marriage without consent is generally void from the beginning because consent is an essential requisite. Under Article 4 of the Family Code, the absence of any essential or formal requisite renders the marriage void ab initio, except as otherwise provided by law.

Thus, where one alleged spouse did not consent at all, the marriage is void. Examples include:

The person’s signature on the marriage contract was forged.
The person was not present at the ceremony.
Another person impersonated the supposed spouse.
A marriage certificate was fabricated or registered without an actual ceremony.
A party was unconscious, mentally incapable of understanding the act, or otherwise unable to give consent.
The solemnizing officer falsely certified that both parties appeared before him.
A person discovered that a marriage was registered under their name despite never participating in it.

In these cases, the defect is not simply that consent was defective. It is that consent was absent.

VII. Lack of Knowledge Versus Lack of Consent

“Without knowledge” and “without consent” are related, but they are not always identical.

A person may have no knowledge of a marriage because the supposed marriage was completely fraudulent. In that situation, there is also no consent.

But a person may have knowledge of a ceremony or paperwork and still argue that consent was not valid because it was obtained through force, intimidation, or fraud. In that situation, consent exists in form but is legally defective. The marriage may be voidable, not automatically void.

The distinction matters because a void marriage is treated as invalid from the beginning, while a voidable marriage is considered valid until annulled by a court.

VIII. Void Marriage Versus Voidable Marriage

Philippine law distinguishes between:

1. Void marriages

These are invalid from the beginning. They produce no valid marital bond, although a court declaration is generally required for purposes such as remarriage, property settlement, civil registry correction, and legal certainty.

Examples relevant to lack of consent include:

No actual consent by one party.
No personal appearance before the solemnizing officer.
No actual marriage ceremony.
Forged marriage contract.
Impersonation.
Fabricated registration.

2. Voidable marriages

These are valid until annulled. They involve defective consent or capacity, not total absence of marriage.

Examples include:

A party was between 18 and 21 and married without required parental consent, subject to legal rules on ratification.
A party was of unsound mind at the time of marriage.
Consent was obtained by fraud.
Consent was obtained by force, intimidation, or undue influence.
A party was physically incapable of consummating the marriage, subject to statutory conditions.
A party had a serious and incurable sexually transmissible disease concealed from the other, subject to statutory conditions.

For the topic of marriage without knowledge or consent, the most relevant voidable grounds are fraud, force, intimidation, and undue influence.

IX. Consent Obtained by Fraud

A marriage may be annulled if consent was obtained by fraud. However, not every lie or deception is legal fraud sufficient to annul a marriage.

Under the Family Code, fraud as a ground for annulment includes specific serious circumstances, such as concealment of:

Conviction of a crime involving moral turpitude;
Pregnancy by another man at the time of marriage;
A sexually transmissible disease, regardless of nature, existing at the time of marriage;
Drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at the time of marriage.

Mere misrepresentation about wealth, social status, affection, employment, family background, or personal history may not automatically qualify unless it falls within legally recognized grounds or connects to another legal defect.

If a person knew they were getting married but agreed because of fraud legally recognized by the Family Code, the marriage is not void from the start. It is voidable and must be annulled within the period provided by law.

X. Consent Obtained by Force, Intimidation, or Undue Influence

If a person was forced to marry, threatened, intimidated, or subjected to undue influence, the marriage may be annulled.

Examples include:

A party was threatened with harm unless they married.
A family member or authority figure exerted coercive pressure that overcame free will.
A person was forced into a marriage to avoid scandal, violence, or retaliation.
A person consented only because of unlawful threats.

In this situation, the law recognizes that words of consent may have been spoken, but they were not freely given. This usually makes the marriage voidable, not automatically void, unless the facts show that consent was entirely absent.

The action for annulment must be filed within the period allowed by law, generally counted from the time the force, intimidation, or undue influence ceased.

XI. Forged Marriage Contract

A forged marriage contract is one of the clearest examples of a marriage without consent.

If a person’s signature was forged on a marriage certificate, and that person did not appear before a solemnizing officer or give consent, the marriage is void. The document may appear in civil registry records, but registration does not create a valid marriage if no valid marriage occurred.

The affected person may need to file the appropriate court action to obtain a judicial declaration that the marriage is void and to correct or cancel the civil registry entry. Administrative correction alone may not be sufficient where the issue affects civil status.

Forgery may also give rise to criminal liability for falsification of public documents, use of falsified documents, perjury, or related offenses, depending on who participated.

XII. Impersonation

If someone else appeared at the ceremony pretending to be the supposed spouse, the marriage is void as to the person impersonated. There was no consent by the true person, no personal appearance, and no personal declaration.

The impersonator and those who knowingly participated may face criminal, civil, and administrative consequences. The solemnizing officer may also face liability if he or she knowingly or negligently allowed the irregularity.

XIII. Marriage by Proxy

Philippine law requires personal appearance before the solemnizing officer and personal declaration by both parties. Marriage by proxy is not generally valid under Philippine domestic law.

Thus, one person cannot validly authorize another to stand in their place for a Philippine marriage ceremony. Consent to marriage must be personally manifested in the ceremony required by law.

This is different from situations involving foreign marriages, where the validity of the marriage may be evaluated under the law of the place where it was celebrated, subject to Philippine rules on public policy, capacity, and recognition.

XIV. Secret Marriage

A secret marriage is different from a marriage without consent.

If both parties knowingly and voluntarily married, appeared before a solemnizing officer, and complied with legal requirements, the marriage may be valid even if:

Their families did not know;
Their friends did not know;
One party concealed the marriage from others;
The marriage was not publicly announced;
The spouses did not live together immediately.

Philippine law does not require family or public approval for a valid marriage between legally capable adults, except in cases where parental consent or advice is required by law for certain ages.

Therefore, a “secret marriage” may be valid. A “marriage without the knowledge of one spouse” is a different matter and may be void.

XV. Marriage Without Parental Knowledge or Consent

This is a common source of confusion.

A marriage without the knowledge or consent of the parents is not the same as marriage without the consent of one spouse.

Under the Family Code:

Persons below 18 cannot validly marry.
Persons aged 18 to 21 need parental consent.
Persons aged 21 to 25 need parental advice, but lack of parental advice generally affects the issuance of the marriage license rather than the essential validity of the marriage in the same way as lack of consent.
Persons 25 and above do not need parental consent or advice.

A marriage by a person aged 18 to 21 without required parental consent is generally voidable, not automatically void, and may be ratified by free cohabitation after reaching the relevant age.

Thus, if two adults validly consented to marry but their parents did not know, the marriage is not invalid merely because of parental ignorance or disapproval.

XVI. Marriage Without Marriage License

A marriage without a valid marriage license is generally void, unless it falls under recognized exceptions.

However, lack of a license is different from lack of consent. Both may make a marriage invalid, but they are separate legal issues.

Recognized exceptions to the marriage license requirement include certain marriages in articulo mortis, marriages in remote places under specific conditions, marriages among Muslims or members of ethnic cultural communities in accordance with their customs, and marriages of a man and woman who have lived together as husband and wife for at least five years without legal impediment to marry each other, subject to strict requirements.

The five-year cohabitation exception has been strictly interpreted. It is not a convenient substitute for a license. The parties must have actually lived together as husband and wife for at least five years and must have had no legal impediment to marry during the entire period.

XVII. Marriage Certificate Alone Does Not Prove Valid Consent in All Cases

A marriage certificate is strong evidence that a marriage occurred. It is an official document and enjoys a presumption of regularity. However, it is not conclusive when challenged with competent evidence.

If the marriage certificate contains forged signatures, false information, or certifications of events that never happened, it can be attacked in court.

Evidence that may be relevant includes:

Expert handwriting analysis;
Testimony of the supposed spouse;
Travel records showing absence from the place of marriage;
Employment or school records showing presence elsewhere;
Witness testimony;
Photos or videos, or lack thereof;
Civil registry records;
Church or solemnizing officer records;
Admissions by the other party;
Notarial or documentary inconsistencies;
National ID, passport, or other identity records;
Evidence that the supposed spouse never met the other party.

The key question is whether the legal requisites of marriage actually existed, not merely whether a document was registered.

XVIII. Need for Judicial Declaration of Nullity

Even if a marriage is void from the beginning, Philippine practice generally requires a court judgment declaring the marriage void before a party can safely rely on its invalidity for major legal consequences, especially remarriage.

A person who discovers a fraudulent marriage record should not simply ignore it. The record may affect:

Civil status;
Ability to marry;
Passport, visa, or immigration matters;
Property rights;
inheritance claims;
legitimacy or filiation issues involving children;
employment benefits;
insurance claims;
government records;
criminal exposure for alleged bigamy if the person remarries without resolving the record.

A petition for declaration of nullity may be necessary to establish that the supposed marriage was void from the beginning.

XIX. Bigamy Concerns

A fraudulent or unknown marriage can create serious practical problems involving bigamy.

Bigamy generally involves contracting a second or subsequent marriage before the first marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead in the manner required by law.

If a person is unaware that a fraudulent marriage was registered under their name, they may later marry in good faith. However, the existence of a registered prior marriage may still trigger legal complications. The person may need to prove that the supposed first marriage was void because there was no consent or no valid ceremony.

A void marriage may be a defense in certain circumstances, but Philippine jurisprudence has emphasized the need for judicial declaration in matters involving subsequent marriage. Because of this, resolving the fraudulent record through court action is often crucial.

XX. Criminal Liability

A marriage without knowledge or consent may involve crimes, depending on the facts.

Possible offenses may include:

1. Falsification of public document

A marriage certificate is a public or official document. Forging signatures, making false statements, or causing false entries may constitute falsification.

2. Use of falsified document

A person who knowingly uses a falsified marriage certificate may incur liability.

3. Perjury or false testimony

False declarations under oath, including false affidavits used to obtain a marriage license or claim a license exemption, may lead to criminal liability.

4. Usurpation or identity-related offenses

If a person impersonated another, additional offenses may arise depending on the manner of impersonation.

5. Coercion, threats, or unjust vexation

If consent was obtained through threats or intimidation, criminal liability may arise separately from the civil action for annulment.

6. Bigamy or related offenses

If one party used a fraudulent marriage or concealed a prior marriage to contract another, criminal exposure may arise.

The availability of criminal prosecution depends on evidence, prescription periods, prosecutorial discretion, and the exact conduct involved.

XXI. Liability of the Solemnizing Officer

A solemnizing officer may face liability if he or she knowingly solemnized a marriage without the personal appearance and consent of both parties, or certified false facts.

Possible consequences include:

Criminal liability;
Administrative discipline;
Revocation or suspension of authority to solemnize marriages;
Civil liability for damages;
Professional or religious disciplinary consequences, depending on the officer’s status.

Solemnizing officers are expected to verify the parties’ appearance, identity, consent, and compliance with formal requirements.

XXII. Civil Registry Issues

The Local Civil Registrar and the Philippine Statistics Authority may have records of a marriage even if the marriage is allegedly fraudulent. However, civil registry offices usually cannot simply erase a marriage entry based only on a personal request.

Where the correction affects civil status, legitimacy, nationality, or filiation, a judicial proceeding is generally required. A court order may be needed to cancel, correct, or annotate the marriage record.

A person affected by a fraudulent marriage entry should secure certified copies of the marriage certificate from the PSA and local civil registrar, then compare signatures, dates, locations, names, witnesses, solemnizing officer details, and license information.

XXIII. Psychological Incapacity Is a Different Ground

Psychological incapacity under Article 36 of the Family Code is a separate ground for declaring a marriage void. It refers to a party’s psychological incapacity to comply with essential marital obligations existing at the time of marriage, even if it becomes manifest later.

It is not the usual remedy for a marriage completely without knowledge or consent. If a person never consented at all, the more direct theory is absence of an essential requisite. Psychological incapacity concerns incapacity to perform marital obligations, not forged consent or fabricated marriage.

XXIV. Mistake as to Identity

A mistake as to the identity of the other party may affect consent. For example, if a person thought they were marrying one person but was deceived into marrying another, the marriage may be subject to annulment or may be void depending on the severity and facts.

However, ordinary mistake about personal qualities, character, wealth, employment, or background is generally not enough to invalidate a marriage unless it falls within statutory fraud or another recognized ground.

XXV. Muslim Marriages and Indigenous Customary Marriages

The Philippines recognizes special rules for Muslim marriages under the Code of Muslim Personal Laws, and certain customary marriages among indigenous cultural communities may be recognized under specific conditions.

Even in these contexts, consent remains fundamental. A marriage forced upon a person or entered without participation may still be vulnerable to challenge. However, the governing forum, procedure, and applicable substantive rules may differ depending on the religion, community, and circumstances.

For Muslim marriages, Shari’a courts may have jurisdiction over certain matrimonial disputes involving Muslims. For indigenous customary marriages, proof of custom and compliance with recognized legal standards may be necessary.

XXVI. Foreign Marriages Involving Filipinos

If a marriage involving a Filipino was celebrated abroad, its validity is generally determined by the law of the place where it was celebrated, subject to Philippine rules on capacity and public policy.

However, a foreign marriage allegedly entered into without the Filipino’s knowledge or consent may still be challenged. Issues may include:

Whether the foreign law allowed the form used;
Whether personal consent was required;
Whether there was impersonation;
Whether the document was genuine;
Whether the marriage should be recognized in the Philippines;
Whether the foreign divorce, annulment, or nullity judgment is recognizable in the Philippines.

A foreign marriage record may need to be judicially challenged or its foreign judgment recognized in Philippine courts before local civil registry records can be corrected.

XXVII. Effects on Property

If a marriage is void because one party never consented, the ordinary property regime of valid marriages does not apply in the usual way. However, property relations may still be governed by provisions on co-ownership, unions without marriage, or other applicable rules depending on whether the parties lived together and acquired property.

Where there was no actual relationship and the marriage was entirely fabricated, there may be no legitimate basis for the fraudulent party to claim spousal property rights.

If the parties lived together but the marriage was void, property consequences may depend on good faith, contribution, and the applicable Family Code provisions on void marriages.

XXVIII. Effects on Children

The validity or invalidity of the parents’ marriage may affect the status of children, but Philippine law contains rules protecting children in certain cases.

Children conceived or born before a judgment of annulment or absolute nullity under certain circumstances may be treated according to specific Family Code rules. The exact effect depends on the ground for nullity or annulment and the timing of conception or birth.

Where the supposed marriage was wholly fabricated and the parties never cohabited or had children, this issue may not arise. But where children exist, questions of legitimacy, support, custody, parental authority, and succession must be handled carefully.

XXIX. Effects on Succession and Benefits

A fraudulent marriage record may be used to claim:

Inheritance rights;
Social Security System benefits;
GSIS benefits;
insurance proceeds;
employment death benefits;
pension rights;
hospital decision-making authority;
immigration benefits;
property rights as surviving spouse.

If the marriage was void for lack of consent, the supposed spouse should not benefit from a nonexistent marital bond. But the record may still create practical obstacles until judicially corrected or declared void.

XXX. Remedies Available

A person who discovers a marriage entered without their knowledge or consent may consider several remedies.

1. Petition for declaration of nullity

This is the primary civil remedy where the marriage is void from the beginning because of absence of consent, no ceremony, forgery, impersonation, or similar fundamental defects.

2. Petition for annulment

This applies if there was a marriage ceremony and apparent consent, but consent was defective because of fraud, force, intimidation, undue influence, or other statutory grounds.

3. Petition for correction or cancellation of civil registry entry

Where the marriage record is false or fraudulent, the affected person may need a court order to cancel or annotate the entry.

4. Criminal complaint

If there was forgery, falsification, impersonation, coercion, or related criminal conduct, the person may file a complaint with the prosecutor’s office or appropriate law enforcement agency.

5. Administrative complaint

If a public officer, local civil registrar personnel, or solemnizing officer participated in the irregularity, administrative remedies may be available.

6. Civil action for damages

A person injured by fraudulent marriage registration may claim damages if legal grounds are present.

XXXI. Evidence Needed

The strength of a case depends heavily on evidence. Useful evidence may include:

PSA-certified marriage certificate;
Local civil registrar copy of the marriage certificate;
Marriage license application;
Affidavits submitted to obtain the license;
Records from the solemnizing officer;
Church, mosque, court, or municipal records;
Witness statements;
Proof of location on the alleged wedding date;
Passport stamps, airline tickets, employment logs, school records, medical records, or detention records;
Handwriting expert report;
Identification documents;
Messages showing lack of relationship or lack of consent;
Photos or videos from the alleged ceremony;
Police blotter or prior complaints;
Admissions by the other party.

A mere claim of lack of knowledge may not be enough if official records show a marriage. The claim must be supported by credible evidence.

XXXII. Presumption of Marriage and Presumption of Regularity

Philippine law and jurisprudence generally favor the validity of marriage. Courts do not lightly declare marriages void. Official acts are presumed regular, and marriage certificates are given evidentiary weight.

However, these presumptions can be overcome by clear, convincing, and competent evidence. A forged or fabricated marriage is not made valid merely because it was registered.

The stronger the official record, the stronger the evidence needed to defeat it.

XXXIII. Ratification

Ratification is relevant mainly to voidable marriages, not void marriages.

For example, a marriage entered into by a person 18 to 21 without parental consent may be ratified by free cohabitation after reaching the required age. Similarly, a marriage affected by fraud, force, intimidation, or undue influence may be ratified if the injured party freely cohabits with the other after discovering the fraud or after the coercion ceases.

But a marriage void for total absence of consent, forgery, impersonation, or no ceremony cannot generally be ratified by mere later conduct. A void marriage is void from the beginning.

If the parties later want to be married, they must validly marry in accordance with law.

XXXIV. Prescription and Time Limits

For void marriages, actions for declaration of absolute nullity generally do not prescribe. However, delay may create evidentiary problems and practical complications.

For voidable marriages, the Family Code provides specific periods depending on the ground. These periods may run from discovery of fraud, cessation of force or intimidation, restoration of sanity, or reaching the relevant age, depending on the case.

Because limitation periods can determine whether annulment remains available, the classification of the defect is critical.

XXXV. Practical Distinctions

A. “I never met this person, but there is a PSA marriage record.”

This points to a possibly void marriage due to forgery, impersonation, or fabricated registration.

B. “I attended the ceremony but was threatened into saying yes.”

This points to a voidable marriage due to force or intimidation.

C. “I married because the other person lied about being rich.”

This generally may not be enough for annulment unless it falls within legally recognized fraud.

D. “I married secretly without my parents knowing.”

If the parties were legally capable and personally consented, the marriage may be valid, subject to age-related rules.

E. “My partner registered us as married, but there was no ceremony.”

This points to a void marriage because the formal requisites were absent.

F. “Someone used my name and documents to marry another person.”

This points to a void marriage as to the person whose identity was used, plus possible criminal liability.

XXXVI. Common Misconceptions

1. “A marriage is valid once registered.”

Not necessarily. Registration is evidence, not the source of validity. A void or fabricated marriage does not become valid by registration.

2. “A person can be married without attending the ceremony.”

Generally no. Personal appearance and declaration are required.

3. “Lack of parental consent always makes a marriage void.”

Not always. For persons aged 18 to 21, lack of parental consent generally makes the marriage voidable, not void.

4. “Fraud always makes a marriage void.”

No. Fraud usually makes a marriage voidable, and only certain kinds of fraud are legally recognized for annulment.

5. “A void marriage can simply be ignored.”

Practically, no. A court declaration may be necessary, especially for remarriage, civil registry correction, property issues, and protection from legal complications.

6. “A fake marriage certificate is harmless if I know I never married.”

It may still cause serious legal consequences because government agencies, employers, courts, and third parties may rely on civil registry records.

XXXVII. Legal Consequences of a Marriage Without Consent

A marriage without the knowledge or consent of one party may result in:

Declaration of nullity;
Cancellation or correction of civil registry records;
Criminal charges for falsification or related offenses;
Administrative liability of involved officials;
Damages;
Defeat of spousal claims to property, inheritance, or benefits;
Immigration consequences;
Complications in later marriage;
Possible bigamy-related disputes if the record is not resolved.

The legal effect is therefore both personal and public. It affects civil status, property, family relations, public records, and potential criminal liability.

XXXVIII. Court Procedure in General Terms

A person seeking to challenge such a marriage usually files a petition in the proper Family Court or Regional Trial Court, depending on the nature of the action and applicable rules.

The petition may seek:

Declaration of absolute nullity of marriage;
Annulment of marriage;
Cancellation or correction of the marriage entry;
Other reliefs such as damages, property settlement, or annotation of records.

The Office of the Solicitor General or public prosecutor may participate in proceedings involving the validity of marriage to prevent collusion. Courts are cautious because marital status is a matter of public interest.

XXXIX. Burden of Proof

The party attacking the marriage generally bears the burden of proving invalidity. Because marriage is favored by law, courts require credible, substantial, and convincing evidence.

In a forged-marriage case, the petitioner should be ready to prove not merely that they do not remember or deny the marriage, but that the legal requisites were absent. Strong documentary and testimonial evidence is important.

XL. Conclusion

In the Philippine legal context, a person cannot validly be made a spouse without consent. Consent freely given in the presence of a solemnizing officer is an essential requisite of marriage. Where there is no consent at all because of forgery, impersonation, fabricated documents, absence from the ceremony, or lack of personal declaration, the supposed marriage is generally void from the beginning.

However, where the person did participate in the marriage but consent was obtained through fraud, force, intimidation, or undue influence, the marriage is usually voidable rather than automatically void. It remains legally effective until annulled by a court.

A registered marriage certificate is powerful evidence, but it is not conclusive if the marriage was fraudulent or nonexistent. The affected person usually needs judicial relief to declare the marriage void or annul it, correct civil registry records, and prevent future legal consequences.

The central rule is simple but legally significant: marriage requires personal, free, and lawful consent. Without it, the marital bond cannot validly arise.