#family code

Yesterday, I encountered a friend who shared a unsettling story about his family. According to him, an individual visited the nursery and attempted to retrieve his young daughter, claiming that her father had sent him. Recalling this story still sends a shiver down my spine. Thankfully, of the careful wife of my friend, who had established a family code, prevented a potential tragedy. Upon being…

A mother of two navigates life while trying to get one son through street life and another toward basketball success, urging unity.

G.R. No. 145226, February 06, 2004

Civil law; Family Code; Applicability of Article 40

NOTE: A mere signing of the marriage contract by the parties, without the presence of the solemnizing officer, there in no marriage to speak of because there is no actual marriage ceremony that was performed by the duly authorized solemnizing officer. There is no need for Judicial Declaration of Nullity. No crime of bigamy is committed.

ISSUE: Did Morigo need to file a declaration for the nullity of his marriage with Barrete before his second marriage in order to avoid the bigamy case? answers are rulings of the Supreme Court, after the facts.

FACTS: Lucio Morigo and Lucia Barrete were former boardmates in Bohol and lost contact when their school year ended. However, they reconnected through a card from Lucia while she was in Singapore, leading to constant communication and the development of a romantic relationship.

Lucia eventually returned to the Philippines in 1986 but left again for Canada to work. Despite the distance, they maintained regular communication. In 1990, Lucia returned to the Philippines and proposed to petition for Lucio to join her in Canada. They agreed to get married and had their wedding on August 30, 1990, in Bohol. Lucia went back to Canada for work, leaving Lucio behind.

On August 19, 1991, Lucia filed for divorce against Lucio in the Ontario Court, which was granted on January 17, 1992, with an effective date of February 17, 1992.

On October 4, 1992, Lucio married Maria Jececha Lumbago in Bohol. On September 21, 1993, Lucio filed a complaint to declare the nullity of his first marriage, claiming that no actual marriage ceremony took place.

ANSWER (SUPREME COURT RULING): NO!

FACTS:

Juanita Sison and Te were arranged married and was only informed 2 weeks before the actual wedding or celebration and Te never supported the marriage and Juanita was whipped and threatened by her father because she did not want to marry Te. 2 days before the wedding Juanita ran away to the office of a Fiscal but later on his father knew her whereabouts and ask her t return home and promised her that he will no longer force her to marry. Juanita, believing the words of her father returned home and was locked up until the day of the celebration. On the morning of the wedding her father handed her a knife and made her choose between losing her life or her father’s life that’s why Juanita consented on marrying Te. The first was celebrated by Judge Hofilena and the secondwedding was solemnized by the Chinese consul Mih in conformity with the Chinese rites. Momentsbefore the first wedding, Juanita approached Judge Hofilena and told him that she was only beingcompelled by her father to marry the groom to be. A certain Mr. Teng also corroborated this testimonythat during the marriage ceremony, he saw that the Judge was irked by the hesitant attitude displayedby the bride. Mr. Teng also testified that when they went to get Juanita from the Fiscal’s office, Juanita’s Father confessed that Juanita does not want to marry Te.

After the marriage, Juanita always considered her husband to be a stranger. She was kept a prisoner intheir house and they never shared the same bed (she slept in a chair). They never had sexual intercourseexcept when a time when she was forced by her husband holding a knife to submit to his wishes.Because of this, she mustered courage and escaped.

ISSUE:

W/N The consent to marry given by Juanita was obtained through force and intimidation

W/N Even supposing that the marriage was void due to lack of consent, that it was ratified through cohabitation

HELD:

1. YES. Based on the testimonies given by the petitioner and the Judge as corroborated by Mr.Teng, it is evident that that Juanita did not want to marry Te but only did so due to force, threat and intimidation given by her father. Te Lay Li and Juanita’s father did not deny norrefute Juanita’s claim of objection to the marriage (Father was never presented aswitness).Mere words without any corresponding intention will not create the marriagerelation. Notwithstanding that the formalities indicating consent have been complied with, there is no valid marriage where the parties do not intend to enter the marriage.

 2. NO. While a marriage effected by force or intimidation may be ratified and confirmed bycohabitation, suchcohabitation must be voluntary. It is clear from Juanita’s testimony thatthere was no voluntary cohabitation on her part and she was never acquiesced to the statusof wife.

Article 45 of the Family Code provides that a marriage may be annulled for any of the following causes, existing at the time of the marriage:

Lack of Parental Consent

Insanity

Consent was obtained thru Fraud

Consent was obtained thru Force, Intimidation, and Undue Influence

Impotence

L-12588-R February 15, 1995

ARTICLE 4 of the FAMILY CODE provides that "The absence of any of the essential or formal requisites shall render the amrraige void ab initio, except as stated in Article 35(2)"

ILLUSTRATION

Facts

Domingo De Lara married his second wife Josefa Rosales on August 18, 1951.

The Local Civil Registrar had issued their marriage license on August 19, 1951.

Issue

Whether or not Domingo De Lara be held liable for the crime of Bigamy?

Ruling

No. The second marriage was celebrated one day before the issuance of the marriage license. Article 4 of the Family Code provides that "The absence of ANY of the essential and formal requisites shall render the marriage void ab initio, except as stated in Article 35."

By Melinda Butterfield