Persons July 20-23, 2012

Article 35 void marriages

Void marriage not valid from its inception (void ab initio)
The grounds for a void marriage may co-exist in one case
Voidable valid until annulled; can be ratified by cohabitation; direct
proceeding; action prescribes; conjugal or absolute community
Void inexistent since the beginning; cannot be ratified; can be
attacked collaterally; imprescriptible; co-ownership (Art. 147 or 148)
Art. 36 psychological incapacity allowed to remarry
Essential marital obligations: Republic vs. Molina case to case basis
Can psychological incapacity be equated with insanity? NO
- psychological incapacity to comply with the essential marital
obligations
1. mutual love, respect, support and fidelity
2. parent to children
Elements of psychological incapacity:
1. Gravity so serious
2. Juridical antecedence existing at the time of the marriage
3. Incurability permanent if curable but no financial capacity
Absolute regardless of who his/her partner is
Relative with regards only to the specific partner
Is the personal medical or psychological examination of respondent a
requirement for a declaration of psychological incapacity? NO
Burden of proof to show the nullity of the marriage belongs to the
plaintiff.
The root cause of the psychological incapacity must be:
- Medically or clinically identified
- Alleged in the complaint
- Sufficiently proven by experts cancelled in subsequent case
- not required but important and advisable
- Clearly explained in the decision
Incapacity must be psychological not physical although its
manifestations and/or symptoms may be physical.
Republic vs. Molina
The trial court must order the prosecuting attorney or fiscal and the
Solicitor General to appear as counsel for the state. No decision shall
be handed down unless the Solicitor General issues a certification,
which will be quoted in the decision, briefly stating therein his reasons
fir his agreement or opposition, as the case may be, to the petition.
The Solicitor General, along with the prosecuting attorney, shall submit
to the court such certification within 15 days from the date the case is
deemed submitted for resolution of the court. The Solicitor General

shall discharge the equivalent function of the defensor vincula

contemplated under Canon 1095.
- not applicable anymore effective March 13, 2003
- fiscal should still appear; what is taken out is the certification
- Canon law although not decisive but persuasive
What is important is the presence of evidence that can adequately
establish the partys psychological condition.
It is not to be confused with a divorce law that cuts marital bond at the
time the causes therefore manifest themselves.