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G.R. No.

168852

Title: Romeo & Juliet

Subject Matter: Annulment of Marriage

Facts:

- Paris Escalus & Juliet Capulet were childhood lovers for 8 yrs
- They went to boracay for a weeklong vacation after college graduation, & thats where she met Romeo
Montague & they immediately fell in love
- Upon returning to Manila, she broke up with Paris
- Romeo & Juliet had a whirlwind romance & decided to get married after knowing each other for only 2
week

- He brought her & their guest to Manila city hall on Saturday where they stood before a pastor : (not sure if
violated: Art 8) since not indicated if they made a request in writing
- she could not quite comprehend to which congregation he belonged because there were so many at that
time with various religious sects : (can be a defense and invoke good faith Art 35.2 last phrase) as
mistake of fact
- She noted, neither of them belonged to any of those religious sects (violate 7.2 but can contest as just
defect, not absence of a formal requisite to constitute as Void Ab Initio)
- Marriage ceremony completed, marriage certificate signed by couple & witnesses
- Took photos with pastor & guests

- Marriage soon blessed with baby girl named Portia


- (3)yr old Portia had dengue, required blood fusion: then discovered neither Juliet nor Romeos blood
type matched their daughters (Defense against Art 46.2: question blood type validity)
- Further investigation, was found that their daughters matched with Paris

- Romeo decided to file annulment on the ground of fraud, since at time of their marriage she was pregnant
with a child that was not his (Alleged violation of Art 46.2)
- He also said neither belonged to the congregation of the pastor, & they never checked whether he was
duly authorized to solemnize marriage (Alleged violation of 7.2)

Juliet wants to know:


- Is her marriage null & void on the ground of fraud?
- Lack of authority of solemnizing officer?
- Fact that neither belonged to the pastors sect or congregation?

Issue:

Whether or not:
- Is her marriage null & void on the ground of fraud?
- Lack of authority of solemnizing officer?
- Fact that neither belonged to the pastors sect or congregation?
Laws related: Family Code of the Philippines

Requisites:
Art. 2. No marriage shall be valid, unless these essential
requisites are present:
(1) Legal capacity of the contracting parties who must be a male
and a female; and
(2) Consent freely given in the presence of the solemnizing
officer. (53a)

Art. 3. The formal requisites of marriage are:


(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in
Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each other as husband and wife in the presence of not less than
two witnesses of legal age.
(53a, 55a)

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as
stated in Article 35 (2). A defect in any of the essential requisites shall not affect the
validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable. (n)

Solemnizing Officer:
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious
sect andregistered with the civil registrar general, acting within the limits of the written authority granted by his
church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's
church or religious sect; Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in
open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case
may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in
accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in
which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that
effect. (57a)

Chapter 3. Void and Voidable Marriages


Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were
contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to
do so;

Annulment by Fraud:
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(3) 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 husband and wife;

Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her
husband;

LEGAL ADVICE:
1st Priority: PARAMAOUNT INTEREST OF (PORTIA) THE CHILD
2nd Defend her from fraud allegation
3rd Question credibility of blood type method in determining Romeos biological filiations

Give client choices:


1. If she still wants to reconcile with Romeo? Keep family together
2. Amicable settlement with Romeo if he really is not the biological father