Chapter 3:

Void and Voidable Marriages

(The Family Code of the Philippines)

Article 35

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;
  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;
  3. Those solemnized without license, except those covered the preceding Chapter;
  4. Those bigamous or polygamous marriages not failing under Article 41;
  5. Those contracted through mistake of one contracting party as to the identity of the other; and
  6. Those subsequent marriages that are void under Article 53.
Article 36

A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.  (As amended by Executive Order 227)

Article 37

Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

  1. Between ascendants and descendants of any degree; and
  2. Between brothers and sisters, whether of the full or half blood.  (81a)
Article 38

The following marriages shall be void from the beginning for reasons of public policy:

  1. Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
  2. Between step-parents and step-children;
  3. Between parents-in-law and children-in-law;
  4. Between the adopting parent and the adopted child;
  5. Between the surviving spouse of the adopting parent and the adopted child;
  6. Between the surviving spouse of the adopted child and the adopter;
  7. Between an adopted child and a legitimate child of the adopter;
  8. Between adopted children of the same adopter; and
  9. Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.  (82)
Article 39

The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.  (As amended by Executive Order 227 and Republic Act No.  8533; The phrase "However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect" has been deleted by Republic Act No.  8533 [Approved February 23, 1998]).

Article 40

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.  (n)


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