ARTICLE 38 OF THE FAMILY CODE: 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 stepchildren; 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 parents and the adopted child; 6) Between the surviving spouse of the adopted child and the adopter; 7) Between the adopted child and a legitimate child of the adopter; 8) Between the adopted children of the same adopter; 9) Between parties, where one, with the intention to marry the other,killed that other persons spouse or his or her own spouse.
RATIONALE BEHIND PROHIBITION OF VOID MARRIAGES: 1) Against public policy 2) Policy of the state to foster a normal, peaceful and wholesome integral nuclear family NOTE: Enumeration in Article 38 is EXCLUSIVE. What the law does not include, it excludes. Collateral Blood Marriages by Consanguinity y Consanguinity = the relationship of persons of the same blood or origin y Marriage between collateral blood relatives up to fourth civil degree may disturb the policy of the state

y y y

Incestuous Marriage Genetic reasons Note: Prohibition as regards to collateral blood relatives up to the fourth civil degree does not apply to half-blood relationships. (Law does not provide that they are prohibited.)

How do you count civil degrees? y Ascend up to the nearest and immediate common ascendant, then descend. Count the lines! Between Step-Parents and Step-Children y Old Civil Code Provisions: o Art. 80, Sec. 7: Void fromthe beginning: between stepbrothers & stepsisters and other marriages in Art. 82. o Art. 82, Sec. 1: Void from the beginning: Between stepfathers & stepdaughters, and stepmothers & stepsons. Relationship by Affinity y Affinity = generally a connection that is established by marriage. y Basis: Canonical maxim which points out that makes a husband and wife one. Adoptive Relationships y The relationship created in adoption is limited to one of parent and child. y Law aims to: o Duplicate the structure of the natural family. o Ensure that the artificial family will mirror a natural family, in terms of legal relationships, emotional content and social significance. y The relationship created by adoption between the adopter and the adopted does not extend to the family of the adopted person.

Surviving spouseimplies that the marriage between the surviving spouse of either the adopted or the adopter has be terminated by death. o If the marriage of the adopter and his or her spouse is judicially nullified or annulled, the adopted can validly marry the previous spouse of the adopter because such spouse is not a surviving spouse.

Relationships not found in Arts. 37-38 of the Family Code and are, thus, valid. 1. Brother-in-law and sister-in-law; 2. Stepbrother and stepsister; 3. Guardian and ward; 4. Adopted and illegitimate child of the adopter 5. Adopted son of the husband, and adopted daughter of the wife; 6. Parties who have been convicted of adultery or concubinage. Intentional Killing of Spouse y Art. 80 of the Civil Code: Void from the beginning: where one or both contracting parties have been found guilty of the killing of the spouse of either of them. y Basis: o To prevent one from killing ones spouse in order to remarry o To protect the family as well as society y Things to take into consideration: o Must have been animated by an intention to marry the other o No prior Criminal conviction just a preponderance of evidence to prove the killing o The intention can be unilateral o Killing the others spouse

ARTICLE 38
of the Family Code
Prepared by: Amorado, Baylon, Delos Santos, GammadLimcumpao, Quintos, Pabilane, Pallera, Sta. Maria 1st Year Block E For Justice Nimfa C. Vilches Persons and Family Relations class