Void and Voidable Marriages Under the Philippine Family Code
Introduction
The Philippine Family Code, enacted through Executive Order No. 209 on July 6, 1987, and effective from August 3, 1988, governs the institution of marriage in the Philippines. As a predominantly Catholic nation without divorce (except for Muslims under the Code of Muslim Personal Laws), the Family Code provides mechanisms to address invalid marriages through declarations of nullity for void marriages and annulment for voidable ones. These concepts ensure that only valid marriages are recognized, protecting the sanctity of the family as the basic social institution. This article comprehensively explores void and voidable marriages, including their definitions, grounds, legal effects, procedural aspects, and related jurisprudence.
Definitions and Distinctions
Under the Family Code, marriage is defined 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 (Article 1). For a marriage to be valid, it must satisfy essential requisites (legal capacity and consent) and formal requisites (authority of the solemnizing officer, valid marriage license, and ceremony with witnesses) as outlined in Articles 2 and 3.
Void Marriages: These are marriages that are invalid ab initio (from the beginning) and produce no legal effects, except as otherwise provided by law. They are considered non-existent, as if the parties were never married. Void marriages can be impugned collaterally or directly and do not require a judicial decree for invalidation, though a declaration of nullity is often sought for practical purposes like remarriage.
Voidable Marriages: Also known as annullable marriages, these are valid until annulled by a competent court. They produce legal effects until the annulment decree becomes final. Unlike void marriages, voidable ones require a direct action for annulment within prescribed periods, and only specific parties can file such actions.
The distinction is crucial: void marriages are inherently null, while voidable ones are defective but curable until challenged.
Grounds for Void Marriages
Article 35 of the Family Code enumerates the grounds for void marriages, supplemented by Articles 36 to 39 and related provisions. These grounds stem from the absence of essential or formal requisites or public policy violations.
Contracted by Any Party Below Eighteen Years of Age: Even with parental consent, marriages involving minors under 18 are void (Article 35(1)). This aligns with the legal age of majority under Republic Act No. 6809.
Solemnized Without a Valid Marriage License: Except for marriages in articulo mortis (at the point of death), among Muslims, or in remote areas (Articles 27-34), the absence of a license renders the marriage void (Article 35(3)).
Solemnized by an Unauthorized Officer: If the solemnizing officer lacks authority (e.g., not a judge, priest, or mayor as per Article 7), the marriage is void, unless at least one party believed in good faith that the officer had authority (Article 35(2)).
Bigamous or Polygamous Marriages: Marriages contracted while a previous marriage subsists are void (Article 35(4)), unless the prior spouse has been absent for four years (or two years in extraordinary circumstances) and a summary proceeding declares presumptive death (Article 41). Subsequent marriages after such declaration are void if the absent spouse reappears (Article 42).
Mistake in Identity: Marriages based on a mistake as to the identity of the other party are void (Article 35(5)).
Subsequent Marriages Without Recording the Judgment of Annulment or Nullity: If a prior marriage was annulled or declared null, the subsequent marriage is void if the judgment, partition, and distribution of properties were not recorded in the civil registry and registry of property (Article 35(6)).
Psychological Incapacity: Under Article 36, a marriage is void if one or both parties are psychologically incapacitated to comply with essential marital obligations at the time of celebration. This ground, introduced in the Family Code, has been expansively interpreted by the Supreme Court in cases like Republic v. Molina (1997), requiring proof of juridical antecedence, gravity, and incurability. Recent rulings, such as Tan-Andal v. Andal (2021), have refined this to emphasize totality of evidence over strict medical diagnosis.
Incestuous Marriages: Marriages between ascendants and descendants, or between siblings (full or half-blood) are void (Article 37).
Marriages Against Public Policy: Article 38 lists void marriages between:
- Collateral blood relatives up to the fourth civil degree (e.g., first cousins).
- Step-parents and step-children.
- Parents-in-law and children-in-law.
- Adopting parents and adopted children.
- Surviving spouses and killers of the deceased spouse.
- Parties where one killed the other's spouse to marry.
These grounds reflect the state's interest in preventing unions that undermine familial harmony or morality.
Grounds for Voidable Marriages
Voidable marriages are governed by Article 45, with ratification possible in some cases (Article 47). The grounds must exist at the time of marriage, and actions for annulment have prescriptive periods.
Lack of Parental Consent: For parties aged 18 to 21 without parental or guardian consent (Article 45(1)). Ratifiable by cohabitation after age 21; action prescribes five years after turning 21.
Insanity: If one party was insane or of unsound mind (Article 45(2)). Ratifiable by cohabitation with knowledge of sanity; action by sane spouse within five years of regaining sanity.
Fraud: Involving concealment of prior pregnancy by another, conviction of a crime with civil interdiction, sexually transmissible disease, drug addiction, habitual alcoholism, homosexuality, or lesbianism (Article 45(3), 46). Not ratifiable; action within five years of discovery.
Force, Intimidation, or Undue Influence: If consent was obtained through these means (Article 45(4)). Ratifiable by cohabitation without coercion; action within five years of cessation.
Physical Incapacity (Impotence): If one party is physically incapable of consummating the marriage, and it appears permanent (Article 45(5)). Not ratifiable; action within five years.
Sexually Transmissible Disease: If serious and incurable (Article 45(6)). Not ratifiable; action within five years.
Jurisprudence, such as Alcantara v. Alcantara (2007), emphasizes that grounds must be proven by preponderance of evidence.
Legal Effects and Consequences
On the Marriage Itself: Void marriages produce no effects; parties are considered single. Voidable marriages are valid until annulled, with effects retroactive to the marriage date upon finality of the decree.
Property Relations: For void marriages (except under Article 36 or 40), the regime is absolute community or conjugal partnership, but bad-faith parties forfeit shares (Articles 147-148). For voidable marriages, properties are liquidated as in separation (Article 50).
Legitimacy of Children: Children from void or voidable marriages are legitimate if conceived before the decree's finality (Articles 54, 165). In psychological incapacity cases, children remain legitimate.
Support and Custody: Spouses in void marriages co-own property like co-owners; support obligations persist for children. In annulment, courts award custody favoring the innocent spouse (Article 49).
Criminal Liability: Bigamous marriages can lead to bigamy charges under the Revised Penal Code (Article 349).
Remarriage: A judicial declaration is required before remarriage to avoid bigamy (Article 40), as clarified in Domingo v. Court of Appeals (1993).
Procedural Aspects
Jurisdiction and Venue: Family Courts handle nullity and annulment cases (Republic Act No. 8369). Venue is where the petitioner or respondent resides (Article 48).
Who May File:
- For void marriages: Any interested party, including the spouses, prosecutors, or Solicitor General (Article 39 for prescription in some cases).
- For voidable marriages: Only the injured party (Article 47), except in insanity cases where relatives may file.
Process: Involves petition filing, service, pre-trial, trial, and decision. The Solicitor General must be notified, and collusion investigations are mandatory (Article 48). Appeals go to the Court of Appeals.
Prescription: Void marriages generally have no prescription, except for those under Articles 38(9) and 39 (10 years or 5 years post-event). Voidable marriages prescribe within 5 years (Article 47).
Foreign Marriages and Divorces: Marriages abroad between Filipinos are valid if compliant with local laws (Article 26), but absolute divorce obtained by Filipinos abroad is not recognized, potentially rendering subsequent marriages void (Article 26, paragraph 2, as interpreted in Republic v. Orbecido (2005) for mixed marriages).
Jurisprudential Developments
Supreme Court decisions have shaped these concepts:
- Chi Ming Tsoi v. Court of Appeals (1997): Defined psychological incapacity narrowly but evolved in Tan-Andal to a more flexible standard.
- Mercado v. Tan (2000): Emphasized the need for judicial declaration under Article 40.
- Republic v. Dayot (2008): Clarified fraud grounds.
- Recent cases under A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity) streamline procedures, requiring psychological evaluations for Article 36 cases.
Conclusion
Void and voidable marriages under the Philippine Family Code serve as safeguards against invalid unions, balancing individual rights with societal interests. While void marriages address fundamental defects, voidable ones allow for rectification of curable flaws. Parties seeking relief must navigate strict procedural requirements, often with legal assistance, to ensure compliance and protect rights. Understanding these provisions is essential for legal practitioners, couples, and policymakers in upholding the family as the foundation of Philippine society.