Legal Question in Family Law in Philippines
if i'm married for 8 years and learned that we used article 34 of the family code and the person do the ceremony do not have a authority to solemnize the marriage in our city and register it in our city, can i use it as a ground for annulment?
1 Answer from Attorneys
If the parties falsify their affidavit in order to have an instant marriage, although the truth is that they have not been cohabiting for five years, their marriage will be void for lack of marriage license, and they will also be criminally liable.
For void marriage it means inexistent from time of performance, it cannot be convalidated, the parties have no community property only co-ownership under Art. 147 of the Family Code of the Philippines, the children borne of void marriage are illegitimate under Art. 165 (subject to exceptions). Lastly, the marriage may be attacked directly or collaterally, but for the purpose of remarriage, there must be judicial declaration of nullity (Art. 40) and the marriage can still be impugned even after the death of the parties.