Mataban, Kenneth John C.

My Husbands Lover (2013)

Facts: Vincent got his girlfriend Lally pregnant while they were still in college. So they decided to get married even if the two of them were not ready for the responsibility and Vincent's mother, Elaine, was very much against it. Thus Lally's married life was never smooth-sailing because of Elaine. But for the love of her husband, Lally endures the hardships in dealing with her mother-in-law. However, when Lally got pregnant with their second child, Vincent suddenly became distant and cold towards her. Unknown to Lally, Vincent is keeping a secret from her; it is also a secret he has kept from everyone else since he was young. Vincent is a closeted homosexual man who never came out for fear that it'll destroy his family. However, everything changed when he once again crosses paths with Eric - his greatest love. Unlike Vincent, Eric is openly gay. But, just like Vincent, he is still in love with him. Eventually, the two men start an affair and Vincent tries to hide the affair from Lally by showering her with gifts and attention. However, Lally's intuition tells her that something is wrong in her seemingly perfect marriage. That's when she starts to investigate and she eventually learns of Vincent's darkest secret. Issue: (1) Whether or not the marriage may be annulled on the ground of homosexuality. (2) Considering that Vincents mother was against their marriage and that both of them are ages between 18 and 21, whether or not the marriage is invalid on the ground that no parental consent was given. (3) Whether or not the first child of Lally and Vincent may be legitimated. (4) Whether or not the annulment of their marriage may constitute a bar upon the legitimation of their first child.

Held: (1) The marriage of Lally and Vincent may be annulled. As stated in Article 45 Par. 3 of the Family Code: That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Article 46 of the Family Code discusses the circumstances which shall constitute fraud. Par. 4 expressly states that homosexuality or lesbianism existing at the time of marriage automatically constitutes fraud. It is evident from the foregoing that Lally does not have full knowledge of Vinc ents homosexuality existing at the time of their marriage. (2) It is a valid marriage. Non-compliance with the requirement of parental consent does not make the marriage invalid or void but merely annullable, which means that the marriage is valid until annulled. As a result, a petition for the annulment of the marriage may be filed by the parents, guardian or person having substitute parental authority over the party seeking the annulment, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife. (3) It may be legitimated. Under Art. 177 of the Family Code: Children conceived and born outside of wedlock of parents who, at the time of conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen years of age, may be legitimated. (4) Legitimation shall take place by a subsequent valid marriage between parents. The annulment of voidable marriage shall not affect the legitimation. (Art. 178 of the Family Code)