article 91, Chapter 3 of the Civil Code of the philppines

Art. 91. Damages may be awarded in the following cases when the marriage is judicially annulled or declared void from the beginning:

(1) If there has been fraud, force or intimidation in obtaining the consent of one of the contracting parties;

(2) If either party was, at the time of the marriage, physically incapable of entering into the married state, and the other party was unaware thereof;

(3) If the person solemnizing the marriage was not legally authorized to perform marriages, and that fact was known to one of the contracting parties, but he or she concealed it from the other;

(4) If a bigamous or polygamous marriage was celebrated, and the impediment was concealed from the plaintiff by the party disqualified;

(5) If in an incestuous marriage, or a marriage between a stepbrother and a stepsister or other marriage prohibited by article 82, the relationship was known to only one of the contracting parties but was not disclosed to the other;

(6) If one party was insane and the other was aware thereof at the time of the marriage. (n)

Explanations:

      Divorce is not allowed under Filipino law, but in certain circumstances marriage annulment is acceptable. You must understand the rules governing annulment to avoid any penalties or legal actions. If you or your spouse is still a citizen of the Philippines and you are seeking an annulment

The kinds of fraud that will give ground for annulment are as follows:

1. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

2. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

3. Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

           

Article 90, Chapter 3 of the Civil Code of the Philippines

Art. 90. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education and support. Attorney's fees and expenses incurred in the litigation shall be charged to the conjugal partnership property, unless the action fails. 

 Explanations:

In an Action for Annulment of Marriage, the following marriages may be annulled:

1. that the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over, but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, 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;
2. that either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
3. 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;
4. that the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
5. that either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
6. that either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.

The appropriate remedy for these grounds is an action for the annulment of
marriage. Unlike in the first set of grounds above mentioned, an action for the annulment of marriage prescribes; in case of lack of consent, until the party filing for annulment reaches 21;  in case of insanity until the death of either party or the lucid interval of the insane spouse; in case of fraud, force, intimidation or undue influence, incapacity to consummate the marriage or knowledge of the sexually-transmissible disease, within five years from the occurrence of the fraud, force, intimidation or undue influence, incapacity to consummate the marriage or knowledge of the sexually-transmissible disease.

  

In this article it says that education is important to the children.Although the parents were annulled  they should have the responsibility to give the support and education for their children.

Artcle 89, Chapter 3 of the Civil Code of the Philippines

Art. 89. Children conceived or born of marriages which are void from the beginning shall have the same status, rights and obligations as acknowledged natural children, and are called natural children by legal fiction.

Children conceived of voidable marriages before the decree of annulment shall be considered as legitimate; and children conceived thereafter shall have the same status, rights and obligations as acknowledged natural children, and are also called natural children by legal fiction. 


Explanations:

A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way. For example, the rules of the United Kingdom Houses of Parliament specify that a Member of Parliament cannot resign from office, but since the law also states that a Member of Parliament who is appointed to a paid office of the Crown must either step down or stand for re-election, the effect of a resignation can be accomplished by appointment to such an office. The second rule is used to circumvent the first rule.

Legal fictions may be counter intuitive in the sense that one might not normally view a certain fact or idea as established in the course of everyday life, but they are preserved to advance public policy and preserve the rights of certain individuals and institutions. A common example of a legal fiction is a corporation, which is regarded in many jurisdictions as a 'person' that has many of the same legal rights and responsibilities as a natural person.
Legal fictions are mostly encountered under common law systems.

The term "legal fiction" is not usually used in a pejorative way, and has been likened to scaffolding around a building under construction.
In the phraseology of the English or American law, natural children are children born out of wedlock, or bastards, and are distinguished from legitimate children; but in the language of the civil law, natural are distinguished from adoptive children, that is, they are the children of the parents spoken of, by natural procreation.
In Louisiana, illegitimate children who have been acknowledged by their father, are called natural children; and those whose fathers are unknown are contra distinguished by the appellation of bastards. The acknowledgment of an illegitimate child shall be made by a declaration executed before a notary public, in the presenee of two witnesses, whenever it shall not have been made in the registering of the birth or baptism of such child. Such acknowledgment shall not be made in favor of the children produced by an incestuous or adulterous connexion. 

Fathers and mothers owe alimony to their natural children, when they are in need. In some cases natural children are entitled to the legal succession, of their natural fathers or mothers.
Natural children owe alimony to their father or mother, if they are in need, and if they themselves have the means of providing it. The father is of right the tutor of his natural children acknowledged by him; the mother is of right the tutrix of her natural child not acknowledged by the father. The natural child, acknowledged by both, has for tutor, first the father; in default of him, the mother. 

     

Artcle 88, Chapter 3 of the civil code of the Philippines

Art. 88. No judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment.

Explanations:

      It is true that the marriage may be annulled for certain cases but if instead of proving these causes the party concerned will only submit either a stipulation  of facts ( facts agreed upon and signed by by both the husband and wife ) or a confession of judgment ( a statement by the erring spouse to the effect that he or she is not against the annulment), Then the court will refuse to render judgment. Instead, The Court will proceed as in in art. 60, 2nd par. of the family code of the Philippines. It is provide for in art. 60, par. 2, that " In any case, the court shall order the prosecuting attorney or fiscal assigned to take care that the  evidence is not fabricated or suppressed." 

         Ther are two kinds of of confession of judgment, namely: 

• Confession of judgement by warrant of attorney -    authority given by defendant to plaintiffs attorney allowing the latter to tell the court that the defendant confesses or admits the plaintiffs claim  to be true and just. This is done even before the action is actually filed. 
• Confession of judgement or judgement by  confession  cognovit actionem - that the redered where, instead of defending himself , the defendant chooses to acknowledge the rightfulness of the plaintiffs action.                                                                                                                                                                                                            It’s not unusual for a western male to fall in love with a Filipina who is married.  It’s hardly as scandalous as it sounds, though.  The fact is that divorce has been impossible in the Philippines for almost fifty years.  It literally does not exist.  As a result, when a Filipino marriage begins to fall apart, the husband and wife have two options.  They can either live together and suffer each other’s company or they can split up and move away from one another.  Either way, they remain married. 
  This is a particular problem for Filipinas who are abused by their husbands or who have been abandoned.  Abandonment is quite common.  A husband tires of his wife, his daily routine, whatever, so he simply packs up his bags and moves away to start another life, often with a mistress.  Alternatively, the wife of an abusive husband may flee her home for her own safety, or that of her children.  In either of these situations, the woman remains legally bound to her husband.  She remains married and cannot get divorced, whether her husband left her or she left him. 
  Yet one can hardly blame a woman for dreaming of a better life with a better man.    She may not have seen her husband for a year, five years, even ten years.  Perhaps she knows where he is, perhaps not.  He might even be dead, for all she knows.  Still, her entire life is on hold.  She wants to start over, to have a happy marriage and a happy life, but she cannot remarry until she is divorced, and divorce is simply impossible. 
  Fortunately, she does have one option, one slim ray of hope:  Annulment.   
  Annulment is simply a voided marriage.  In the eyes of the Philippine government and the Catholic Church, an annulled marriage is a marriage that never really happened.  It’s as if someone stepped into a time machine and traveled back in time and prevented the marriage from ever occurring.  This is different from divorce, where everyone agrees there was a marriage, but that the divorce “ends” the marriage. 
                                                                                                                                            

Article 87, Chapter 3 of the civil code of the Philippines

Art. 87. The action for annulment of marriage must be commenced by the parties and within the periods as follows:

(1) For causes mentioned in Number 1 of Article 85, by the party whose parent or guardian did not give his or her consent, within four years after attaining the age of twenty or eighteen years, as the case may be; or by the parent or guardian or person having legal charge, at any time before such party has arrived at the age of twenty or eighteen years;

(2) For causes mentioned in Number 2 of Article 85, by the spouse who has been absent, during his or her lifetime; or by either spouse of the subsequent marriage during the lifetime of the other;

(3) For causes mentioned in Number 3 of Article 85, by the sane spouse, who had no knowledge of the other's insanity; or by any relative or guardian of the party of unsound mind, at any time before the death of either party;

(4) For causes mentioned in Number 4, by the injured party, within four years after the discovery of the fraud;

(5) For causes mentioned in Number 5, by the injured party, within four years from the time the force or intimidation ceased;

(6) For causes mentioned in Number 6, by the injured party, within eight years after the marriage. (31a)

Explanations:

 In this article contain Period for annulment of marriage.Note that in general, the period is five years.And here are some Problems on Unsoundness of mind regarding this  article.

A , man married B, a woman . It turned out that B was insane when the ceremony was performed.

a.    If A knew of this insanity during the marriage ceremony may he ask successfully for the annulment  of the marriage?_ No . The law clearly says he must have no knowledge of the others insanity. He who comes to equity must come with clean hands.

b. If  A did not know of the insanity during the marriage ceremony may he bring action for annulment?- yes.

Article 86, Chapter 3 of the civiol code of the Philippines

Art. 86. Any of the following circumstances shall constitute fraud referred to in Number 4 of the preceding article:

(1) Misrepresentation as to the identity of one of the contracting parties;

(2) Non-disclosure of the previous conviction of the other party of a crime involving moral turpitude, and the penalty imposed was imprisonment for two years or more;

(3) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.

No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. 

Explanations:

Fraud in marriage 

                In this article should be read ing connection with the article of 45, no 3 in Family code of the Philippines. The enumeration here of possible grounds is exclusive, meaning that no other kind of faud is ground for the annulment of the marriage.

                Example of this ground  is a married girl not knowing she was pregnant. It turned out later that she was pregnant because of another sweet heart. The marriage is annullable .But if the cause of the pregnancy had been A, then the marriage would not be annullable. Note that the Pregnancy must be at the time of the marriage ceremony. Otherwise, if the pregnancy occurred afterwards, there can be no annulment, whether the cause of pregnancy was the husband or other person.

·         Effect of husband’s of knowledge of the pregnancy. It must be borne in mind that if a husband knew at the time the marriage was celebrated the woman was pregnant because of him. The marriage cannot be annulled on the ground of fraud. The woman, as a matter of fact, does not even have to tell him of her pregnancy, as when, for example, a child is born less than 90 days after the celebration of the marriage. The reason is the present condition of the woman was already evident at the time of the marriage readily apparent, particularly if the woman is”naturally plump” or fat. In fact it is only on the 6^th month of pregnancy that the enlargement of the woman’s abdomen reaches a height above the umbilicus, making the roundness of the woman’s abdomen more general and apparent. Even a   physicians and surgeon, with the aid of the woman herself, who shows and gives her subjective and objective symptoms, can only claim positive diagnosis of 33% at five months, and 50% at six months. Note finally that it is the concealment and not mere pregnancy that is the thrust of the fraud.

Article 85, Chapter 3 of the civil code of the philppines

Art. 85. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was between the ages of sixteen and twenty years, if male, or between the ages of fourteen and eighteen years, if female, and the marriage was solemnized without the consent of the parent, guardian or person having authority over the party, unless after attaining the ages of twenty or eighteen years, as the case may be, such party freely cohabited with the other and both lived together as husband and wife;

(2) In a subsequent marriage under Article 83, Number 2, that the former husband or wife believed to be dead was in fact living and the marriage with such former husband or wife was then in force;

(3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife;

(4) 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 her husband or his wife, as the case may be;

(5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be;

(6) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable. 


Explanations/ comment:

In the new edition of civil code of the Philippines there are some grounds for the annulment of a marriage.

a.          This article speaks of the grounds for annulment. They must exist at the time of the celebration of the marriage. A voidable marriage is valid until it is annulled. Before annulment, the voidable marriage must be regarded as valid. One cannot just take the law into his own hands, He must go to court

b.          Key words for the causes:

1.       Non- age ( 18-21)

2.       Unsoundness of mind

3.       Fraud (as defined in article of family code)

4.       Force, Intimidation, or due influence

5.       Impotence

6.       Sexually transmitted disease

example of a non- age

a.          a 20 year old boy married 22 year old girl. No parental consent was obtained by the man. The marriage is Voidable.

b.          May the parents ratify?

Answer: No, for this is not provided for under the law had this been an ordinary contract, and not a social institution, the answer would have been different

Unsoundness of mind

a. The parties must process the mental capacity the law requires for the making of a will. The true test is whether the party concerned could intelligently consent; that is, that he knew what contract he was entering into.

b. Intoxication which results in lack of mental capacity to give consent is equivalent to unsoundness of mind.  So is somnambulism at the time of the wedding.

Frraud

a. In general there is fraud when. thru insidious words or machinations of one of the contracting parties, the other is induced to enter to enter into a contract which , without them, he would not have agreed .

b. But in married contracts, not all kinds of fraud in marriage must be one of those enumerated in art. 46 in the family code.

c. How- ratified – free cohabitation after full knowledge of the facts constituting the fraud.

Force, Intimidation or Undue influence

 a. Force or violence- there is violence when order to wrest consent, serious or irresistible force is employed”

b. Intimidation- “there is intimidation when one of the contracting parties  is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his spouse, descendants, or ascendants, to give his consent.

c. Undue influence- control over ones will.