Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Failure to comply with formal requirements.
SEC. 27. Failure to comply with formal requirements.—No marriage shall be declared invalid because of the absence of one or several of the formal requirements of this Act if, when it was performed, the spouses or one of them believed in good faith that the person who solemnized the marriage was actually empowered to do so and that the marriage was perfectly legal.
Incestuous marriages.
SEC. 28. Incestuous marriages.—Marriages between the following are incestuous and void from their performance, whether the relationship between the parties be legitimate or illegitimate: (a) Between ascendants and descendants of any degree; (b) Between brothers and sisters, including stepmothers and stepsisters; (c) Between uncles and nieces and aunts and nephews by consanguinity up to the third civil degree. Marriages between the following shall also be considered void: (a) Between stepfathers and stepdaughters and stepmothers and stepsons; (b) 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; (c) Between the legitimate children of the adopter and the adopted; (d) Between those who have been condemned as authors, or as the author and accomplice, of the death of the spouse of either of them.
Illegal marriages.
SEC. 29. Illegal marriages.—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: (a) The first marriage was annulled or dissolved; (b) 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 the absentee being generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, the marriage so contracted being valid in either case until declared null and void by a competent court.
Annullable marriages.
SEC. 30. Annullable marriages.—A marriage may be annulled for any of the following causes, existing at the time of the marriage: (a) That the party in whose behalf it is sought to have the marriage annulled was under the age established in section two of this Act, unless, after attaining such age, such party freely cohabited with the other and both lived together as husband and wife; (b) That the former husband or wife of either was living and the marriage with such former husband or wife was then in force; (c) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife; (d) That the consent of either party was obtained by fraud, unless such party afterwards; with full knowledge of the facts constituting the fraud, freely cohabited with the other as her husband or his wife, as the case may be; (e) That the consent of either party was obtained by force, unless, the violence having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be; (f) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable.
Time for filing action for decree of nullity.
SEC. 31. Time for filing action for decree of nullity.—The action to obtain a decree of nullity of marriage, for causes my mentioned in the preceding section, must be commenced within the periods and by the parties as follows: (a) For causes mentioned in subdivision (a) : by the party to the marriage who was married under the age required by law, within/four years after attaining to the age established in section two of this Act; or by the father, guardian or other person having charge of such non-aged male or female, at any time before such married minor has arrived at the age established by said section. (b) For causes mentioned in subdivision (b) : by either party during the life of the other, or by the former husband or wife. (c) For causes mentioned in subdivision (c) : by the same spouse, or any relative or guardian of the party of unsound mind, at any time before the death of either party. (d) For causes mentioned in subdivision (d) : by the injured party, within four years after the discovery of the fraud. (e) For causes mentioned in subdivision (e) : by the injured party, within four years after marriage. (f) For causes mentioned in subdivision (f) : by the injured party, within four years after marriage.
Legitimacy of children.
SEC. 32. Legitimacy of children.—When a marriage is annulled for any of the causes enumerated in subdivisions (a), (b), and (c) of section thirty, the children had before the decree of nullity shall be considered as legitimate.
Care and maintenance of children.
SEC. 33. Care and maintenance of children.—The court shall place the children of a marriage annulled because of fraud or force under the care of the innocent party or may likewise order provision for the education and maintenance of the same to be made out of the property of the guilty party.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).