Art. 81. Marriages between the following are incestuous and void from their performance, whether the relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree;
(2) Between brothers and sisters, whether of the full or half blood;
(3) Between collateral relatives by blood within the fourth civil degree.
Explanation/ comment:
“lineal ascendant would include a grand parent and lineal descen
dant should include a grand child”. In fact, even ascendants or descendants of more than two degrees should also be included as ascendants or descendants in this definition.
The reader is right in pointing out that the lineal ascendant may not merely include father, mother, grandfather and grandmother, but also great grandfather and great grandmother and so on. Similarly, the lineal descendant will include not only children and grand children but also great grand children and their children as well. No limitation as to the degree of relationship is prescribed so that a lineal ascendant or descendant of not only first and second degree but also third and fourth degree and so on will also qualify as a relative.
Between the brothers and sisters, whether it is full or half is incestuous void because it is not legal and it is not in the law. A brother cannot married his sister because they are in relationship in blood.
example of incestuous marriage:
· A Person cannot marry his sister, or his grandmother.
reason for the law: Contrary to public policy.
In step brother or sister example of this are:
1. A woman with a child G got married a man with a child B get a valildity married to each other?
ANSWER: No. because they are considered as stepbrother and stepsister of each other.
2. M marries W, who has a daughter D. When W dies, may M marry D?
ANSWER: No, Because he is her stepfather.
3. G marries B. May G’s mother marry B’s father?
Answer: Yes, because the law provides no impediments for them assuming that all other requisites are present.
In this article it says about the void marriages under the ages of sixteen and fourteen years by the female and male respectively. These are the other Void Marriages:
a. marriges in a play, drama or movie.
b. marriages between two boys and two girls
c. marriages in jest
Incest is sexual intercours between close relatives that is illegal in the jurisdiction where it takes place and is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step relatives related by adoption or marriage; and members of the same clan or lineage. See also Laws regarding incest.
Incest between adults and those under the age of consent is considered a form of child sexual abuse that has been shown to be one of the most extreme forms of childhood abuse, often resulting in serious and long-term psychological trauma, especially in the case of parental incest. Prevalence is difficult to generalize, but research has estimated 10–15% of the general population as having at least one such sexual contact, with less than 2% involving intercourse or attempted intercourse. Among women, research has yielded estimates as high as twenty percent.
Father-daughter incest was for many years the most commonly reported and studied form of incest. More recently, studies have suggested that sibling incest, particularly older brothers having sexual relations with younger siblings, is the most common form of incest, with some studies finding sibling incest occurring orders of magnitude more frequently than other forms of incest. Some studies suggest that adolescent perpetrators of sibling abuse choose younger victims, abuse victims over a lengthier period, use violence more frequently and severely than adult perpetrators, and that sibling abuse has a higher rate of penetrative acts than father or stepfather incest, with father and older brother incest resulting in greater reported distress than stepfather incest
Incest between adults and those under the age of consent is considered a form of child sexual abuse that has been shown to be one of the most extreme forms of childhood abuse, often resulting in serious and long-term psychological trauma, especially in the case of parental incest. Prevalence is difficult to generalize, but research has estimated 10–15% of the general population as having at least one such sexual contact, with less than 2% involving intercourse or attempted intercourse. Among women, research has yielded estimates as high as twenty percent.
Father-daughter incest was for many years the most commonly reported and studied form of incest. More recently, studies have suggested that sibling incest, particularly older brothers having sexual relations with younger siblings, is the most common form of incest, with some studies finding sibling incest occurring orders of magnitude more frequently than other forms of incest. Some studies suggest that adolescent perpetrators of sibling abuse choose younger victims, abuse victims over a lengthier period, use violence more frequently and severely than adult perpetrators, and that sibling abuse has a higher rate of penetrative acts than father or stepfather incest, with father and older brother incest resulting in greater reported distress than stepfather incest
See Alblaza v. Republic, G.R. No. 158298, re: answer in No. 1.
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