Article 84, Chapter3 of the civil code of the Philippines

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.

Article 83, Chapter 3 of the civil code of the Philippines

Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless:

(1) The first marriage was annulled or dissolved; or

(2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to Articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court

Explanations/ comment:

1. Query:

         H and W were Filipinos validity married in the Philppines. Later H and W went to America, and obtain a divorced considered valid in Reno, The ground being mental cruelty. Subsequently H married S. A Hollywood actress, the marriage being performed in California, where the marriage was considered as valid. Later, H and S came to the Philippines. Is the marriage valid, and Can H be successfully prosecuted in the Philippines for the crime of bigamy?

         Answer: 

                        a. The marriage  is void, being it considered bigamous. The divorce is not recognized in the Philippines.

                        b. But the husband cannot marry be convicted for the crime of bigamy, for the crime, if any was committed, took place outside the territorial  jurisdiction of the Philippines.

In judicial declaration of presumptive death( a) To validly get married for the second time in case the first spouse has been for more than seven years, is a judicial declaration of said presumptive death required?

Answer:

In the cas eof Jones Vs Hortiguela,  that was held that for the purpose of the civil marriage law, it is not necessary for the absent spouse to be declared an absentee, and that the oonly puspose of the declaration of absence is for the proper administration of the estate of the absentee. Hence, in that case, it was held that  for the celebration of a second valid marriage, all that was necessary  was  that the absent spouse has been unheard from for seven consecutive years at the time of the second marriage is valid and lawful.

2. However, it would seem from the wording of the article of th revised Penal code code that the present spouse must first ask for a declaration of presumptive death of the absent spouse in order that the presnt spouse may not be guilty or bigamy.

                 In conclusion it should seem therefore from this last supreme court that if a spouse has been upheard from for more than seven years, the present spouse cannot yet get married. This anomalous legal situation must be clarified by the supreme court.

                In judicial declaration of absence for the purposes of the civil marriage law, it is not even necessary to have the spouse judicially declaration is made, the period of seven years must be be counted, not from the judicial decree, but from the the time the absent person was last heard from.

Article 82, chapter 3 of the civil code of the Philippines

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.

Article 81, Chapter 3 of the civil code of the Philippines

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