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.