Republic of the Philippines
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Art 46 compared with PI
In 1966, David and Sharon married each other. They’ve had four children since then. David then found out that Sharon is irresponsible as a wife and as a mother because during the marriage Sharon had extra-marital affairs with various other guys particularly with one Mustafa Ibrahim, a Jordanian, with whom she had 2 children. She even married Ibrahim.
Joel and Remedios are husband and wife. Joel later filed for annulment on grounds that Remedios is impotent because her genitals were too small for copulation and such was already existing at the time of the marriage.
Art 45 (3) distinguished from PI
In 1990, Leo married Marie, the latter being ten years his senior. In 1993, Leo filed to annul the marriage due to Marie’s PI. Leo claimed that Marie persistently lied about herself, the people around her, her occupation, income, educational attainment and other events or things. She would claim that she is a psychologist but she is not.
In April 1988, Orly married Lilia before a trial court judge in Puerto Princesa. In November 1992, Orly filed to annul the marriage. He claimed that threats of violence and duress forced him to marry Lilia. He said that he had been receiving phone calls threatening him and that Lilia even hired the service of a certain Ka Celso, a member of the NPA, to threaten him.
Manuel married Leonida in 1989. They are both medical practitioners. They begot 3 children. 11 years later, Leonida sought to annul her marriage with Manuel claiming that Manuel is psychologically incapacitated to perform the essential marital obligations. Leonida testified that Manuel is a harsh disciplinarian and that his policy towards their children are often unconventional and was the cause of their frequent fight.
Rayray married Lee in 1952 in Pusan, Korea. Before the marriage, Lee was able to secure a marriage license which is a requirement in Korea prior to marrying. They lived together until 1955. Rayray however later found out that Lee had previously lived with 2 Americans and a Korean. Lee answered by saying that it is not unusual in Korea for a woman to have more than one partner and that it is legally permissive for them to do so and that there is no legal impediment to her marriage with Rayray.
Article 40 – Exception to the Rule
In 1977, Reyes married Anna Maria Villanueva in a civil ceremony. They had a church wedding in the same year as well. In 1980, the Juvenile and Domestic Relations Court of QC declared their marriage as null and void; the civil one for lack of marriage license and the subsequent church wedding due to the lack of consent of the parties.
In 1969 SPO4 Santiago Carino married Susan Nicdao Carino. He had 2 children with her. In 1992, SPO4 contracted a second marriage, this time with Susan Yee Carino. In 1988, prior to his second marriage, SPO4 is already bedridden and he was under the care of Yee. In 1992, he died 13 days after his marriage with Yee. Thereafter, the spouses went on to claim the benefits of SPO4.