Page:Republic Act No. 386.pdf/8

 # Bigamous or polygamous marriages not falling under article 83, number 2;
 * 1) Incestuous marriages mentioned in article 81;
 * 2) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them;
 * 3) Those between stepbrothers and stepsisters and other marriages specified in article 82. (n)

Article 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. (28a)

Article 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. (28a)

Article 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. (29a)

Article 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. (n)

Article 85. A marriage may be annulled for any of the following causes, existing at the time of the marriage:


 * 1) That the party in whose behalf it is sought to have the marriage annulled was between the ages of sixteen and twenty years, if male, or between the ages of fourteen and eighteen years, if female, and the marriage was solemnized without the consent of the parent, guardian or person having authority over the party, unless after attaining the ages of twenty or eighteen years, as the case may be, such party freely cohabited with the other and both lived together as husband and wife;
 * 2) In a subsequent marriage under article 83, number 2, that the former husband or wife believed to be dead was in fact living and the marriage with such former husband or wife was then in force;
 * 3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife;
 * 4) 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;
 * 5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be;
 * 6) 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. (30a)

Article 86. Any of the following circumstances shall constitute fraud referred to in number 4 of the preceding article:

No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (n)
 * 1) Misrepresentation as to the identity of one of the contracting parties;
 * 2) Non-disclosure of the previous conviction of the other party of a crime involving moral turpitude, and the penalty imposed was imprisonment for two years or more;
 * 3) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.

Article 87. The action for annulment of marriage must be commenced by the parties and within the periods as follows: