Wednesday, October 5, 2011

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.




           

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