ANNULMENT

Question 1:
Emmanuel and Margarita, American citizens and employees of the U.S. State Department
got married in the African state of Kenya where sterility is a ground for annulment of marriage.
Thereafter, the spouses were assigned to the U.S. Embassy in Manila. On the first year of the
spouses’ tour of duty in the Philippines, Margarita filed an annulment case against Emmanuel
before Philippine court on the grounds of her husband’s sterility at the time of the celebration of
the marriage.
Assume Emmanuel and Margarita are both Filipinos. After their wedding in Kenya, they
come back and take up residence in the Philippines. Can their marriage be annulled on the
grounds of Emmanuel’s sterility?
Suggested Answer: No, the marriage cannot be annulled under Philippine law. Sterility is not a
ground for annulment of marriage under Article 45 of the Family Code
Alternative Answer: No, the Marriage cannot be annulled in the Philippines.
The Philippine court shall have jurisdiction over the action to annul the marriage not only
because the parties are resident of the Philippines but because they are Filipino citizens. The
Philippine court, however, shall apply the law of the place where the marriage was celebrated in
determining its formal validity(Art 26, FC; Art 17, NCC)
Since marriage was celebrated in Kenya in accordance with Kenyan law, the formal validity of
such marriage is governed by Kenyan law and any issue as to the formal validity of that marriage
shall be determined by applying Kenyan law and not Philippine law.
However, while Kenyan law governs the formal validity of marriage, the legal capacity of the
Filipino parties to the marriage is governed not by Kenyan law but by Philippine law(Art 15,
NCC). Sterility of a party as ground for the annulment of marriage is not a matter of form but a
matter of legal capacity. Hence, the Philippine court must apply Philippine law in determining
the status of the marriage on the grounds of absence or defect in the legal capacity of the Filipino
parties. Since sterility does not constitute absence or defect in the legal capacity of the parties
under Philippine law, there is no ground to avoid or annul the marriage. Hence, the Philippine
court has to deny the petition.
VOID AB INITIO MARRIAGES
Question No. 2
A petition for declaration of nullity of a void marriage can only be filed by either the husband of
the wife? Do you agree?
Suggested Answer: Yes, I agree. Under the rules promulgated by the Supreme Court a direct
action for declaration of nullity may only be filed by any of the spouses.
Alternative answer: No, I do not Agree, There are others who may file a petition for
declaration of nullity such as the other spouse in bigamous marriage.

Question No. 3
In December 2000, Michael and Anna, after obtaining a valid marriage license, went to
the Office of the Mayor of Urbano, Bulacan, to get married. The Mayor was not there, but the
Mayor’s Secretary asked Michael and Anna and their witnesses to fill up and sign the required
marriage contract forms. The secretary then told them to wait and went out to look for the Mayor
who was attending a wedding in a neighboring municipality.
When the secretary caught up with the Mayor at the wedding reception, she showed him the
marriage contract forms and told him that the couple and their witnesses were waiting in his
office. The Mayor forthwith signed all the copies of the marriage contract, gave them to the
secretary who returned to the Mayor’s office. She then gave copies of the marriage contract to
the parties and told Michael and Anna that they were already married. Thereafter, the couple
lived together as husband and wife, and had three sons.
Is the marriage of Michael and Anna valid, voidable, or void? Explain.
Suggested Answer: The marriage is void because the formal requisite of marriage ceremony
was absent (Art 3 FC)
Alternative Answer: The marriage is void because an essential requisite was absent: consent of
the parties freely given in the presence of the solemnizing officer(Art 2 FC)

Question No. 4
Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met David ad got
married when she was 20 years old. David had a son, Julian, with his ex-girlfriend Sandra. Can
Julian and Thelma get married?

Suggested Answer: Yes, Julian and Thelma can get married because marriage between
stepbrothers and stepsisters are not among the marriages prohibited under the Family Code.