Art. 82. The following marriages shall also be void from the beginning:
(1) Between stepfathers and stepdaughters, and stepmothers and stepsons;
(2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter;
(3) Between the legitimate children of the adopter and the adopted. Explanation/ comment:
In this article it says that between stepfathers, stepsisters , stepdaughter and stepsons are considered void marriages , because based on the law if the parents got a child before they married. Then if their child got married it is not valid married, because they are considered as step brother and stepsister of each other. Because once a parents got a married the starting to build a family even if they are full or half they are considered as a conjugal family.
Here in the Philippines in my opinion there is a lot of issues and cases about of this article wherein some of the Filipinos doesn’t have enough knowledge to know more about this. A person cannot marry his sister, or his grandmother because in the reason for the law it is contrary of the law. Even the adopted child in this article says that is void marriages for them.
There is an effect of adoption :
a. M adopts G. They canot marry.
b. M adopts B, a boy . Later M marries W. Subsequently M dies. May marry W?
Answer: No, because the adopted child B cannot marry the surviving spouse of the adopter M.
c. M adopts B. A boy . Later B marries G. Subsequently B dies. May M marry G?
Answer: NO, because the adopter M cannot marry the surviving spouse of the adopted child.
In Query
H and W are validity married. Later W commits adultery with P. W and P are convicted. Later, after prison. If H is already dead, may W marry P?
Answer: Yes, for there is no prohibition under the law.
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