Art. 84. No marriage license shall be issued to a widow till after three hundred days following the death of her husband, unless in the meantime she has given birth to a child.
Explanation/comment:
1. In Issuance of marriage license to a widow
a. The purpose of this article is to prevent doubtful paternity
b. In the article of the revised Penal code says: Premature marriages. Any widow who shall one marry within three hundred and one days from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of the death, shall be punished by arresto mayor and fine not exceeding 500 pesos.
c. If a widow somehow gets a marriage license within the period prohibited and she gets married, it is believed that the marriages would still be valid without prejudice to criminal liability
d. The prohibition or impediment in this article should be considered merely a prohibitive impediment and not a diriment impediment.
Here are some Problems regarding this article:
a. A wife was legally separated from her husband. Before 300 days had expired, she married another. Is the marriage valid?
Answer: No,Such a marriage would indeed be bigamous as her legal separation did not dissolve the matrimonial marriage.
b. If a woman’s marriage is annulled, may she be issued a marriage license without waiting for the period of 300 days?
Answer: No, unless in the mean time she has given birth to a child or unless he first marriage had been annulled on the ground of impotence. Although in this article speaks merely of a widow, it is believed that the same principle applies.
No comments:
Post a Comment