Relative Divorce (Reaction Paper)

Relative Divorce in the Philippines
Commonly, ordinary people mistakenly assume that there is divorce in our law. This is due to the rampant
misrepresentations of television dramas that lead to such ignorance. In truth, many law book authors, specifically in
Family Code as part of the Civil Law, what we have here in the Philippines is what we call relative divorce. This is kind
of divorce has the same effect as absolute divorce it severs the bind of marriage but for determined grounds only which
are provided under the law unlike divorce the couple may only allege that the marriage does not work anymore it then
such divorce may be granted. This Article has for its purpose to elucidate the complexities of annulment or relative
divorce in the Philippines.
Article 45 of the Family Code of the Philippines provides:
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
eighteen years of age or over but below twenty-one, and the marriage was solemnized without
the consent of the parents, guardian or person having substitute parental authority over the
party, in that order, unless after attaining twenty-one, such party freely cohabited with the
other and both lived together as husband and wife;
2) That either party was of unsound mind, unless such party after coming to reason,
freely cohabited with the other as husband and wife;
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;
4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter freely
cohabited with the other as husband and wife;
5) That either party was physically incapable of consummating the marriage with
the other, and such incapacity continues and appears to be incurable; or
6) That either party was afflicted with a sexually transmissible disease found to be
serious and appears to be incurable.
As provided before, relative divorce can only be granted if the ground provided for by the law is present. If not
then it will not be granted. The enumeration of the grounds is exclusive meaning what it does not include is excluded.
As to application let us discuss one by one the grounds:

1) This pertains to a person whose age is above eighteen (18) but below twenty-one (21) and whose
marriage was solemnized without the consent of his/her parents, guardian or person having substitute parental
authority. Any person who is within that range may file for annulment of marriage. It is important that he/she is not
below eighteen otherwise the marriage is void, and not above twenty-one he/she cannot anymore file an action because
he/she is not anymore within the range of age provided by the law. However, as the saying goes, in every general rule
there is an exemption, the exemptions is when after attaining the age of twenty-one and such person freely cohabited
with the other and both lived together as husband and wife, such person cannot anymore file an action under this
ground.
2) The situation addressed by this ground is when either of the party is of unsound mind. Unsound mind
means that the party is incapable of comprehending the nature of the contract he/she is entering into. The reason for
this ground is that one of the essential requisites of a valid marriage is consent from both parties. As in this case, either
of the parties is not capable of giving intelligent consent. Of course when such party, after coming to reason, freely
cohabited with the other as husband and wife, such person cannot anymore have the cause to annul the marriage.
3) The third ground is when such consent was obtained through fraud. This is not an ordinary or
common fraud that we all know. Article 46 of the Family Code specifically provides when can there be fraud. These
frauds are: 1) Non-disclosure of a previous conviction by the final judgment of the other party of a crime involving moral
turpitude; 2) Concealment by the wife of the fact that at the time of marriage, she was pregnant by man other than her
husband; 3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of marriage;
or 4) Concealment of drug addiction, habitual alcoholism, or homosexuality or lesbianism existing at the time of the
marriage. No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such
fraud as will give grounds for action for the annulment of marriage. This kinds of fraud is also exclusive. However, if
after discovering such fraud and the offended party freely cohabited with the other as husband and wife the right to file
an action for annulment shall be deemed waived.
4) The fourth is when the consent of either party was obtained through force, intimidation or undue
influence. This ground is self-explanatory. This rule however admits exemption wherein after such force, intimidation
or undue influence disappear and that the offended party freely cohabited with the other as husband and wife.
5) Physical incapability to consummate the marriage or impotency.
6) Sexually transmissible disease must be serious and appears to be incurable.
The first four grounds prohibits the injured party who freely cohabits with the other as husband and wife
despite defects in the relationship because of the policy of the state to enhance and promote the permanence of
marriage (Sta. Maria, 2015). However, the same is not true with the last two ground. Whether or not the injured party
freely cohabited with the other does not in any way diminish his right to file an action for annulment.
Therefore, from the foregoing, we can conclude that the law provides for definite grounds by which a person
can legally annul his/her marriage with the other. By definite grounds it limits the floodgate of litigation of annulment of
marriage and at the same time upholds the provision of the constitution which favors the preservation of marital union.
References
Sta. Maria, M. (2015). Persons and Family Relations. Rex Printing Company, Inc.
Reaction Paper
Introduction
Annulment is not a new topic but some still cannot completely understand it out rightly. Considering our flexible
jurisprudence, the interpretation of the law over time have drastically changed. This paper is a reaction to what is
discussed in the preceding article.
Discussion and Analysis
I think the present law in annulment under Art. 45 of the Family Code is still applicable nowadays. In fact,
since it is a developing culture of the Filipinos to have their marriages annulled, this law comes into play. In our
jurisdiction no one can plainly claim that their marriage does not work anymore, thus, they can annul their marriage at
will. This situation is what this law intends to prevent. Unless the Constitution itself is amended as to its provisions
regarding family and the provision of the family code it will be very difficult for couples to sever their matrimonial bond.
This is good law because not only it prevents numerous litigation for annulment of marriage but also intensifies the
wisdom of the Constitution towards the preservation of the family as an integral unit of the society. This law should be
preserve and should be vacated only when the time comes that we are ready for such changes.
Conclusion
Therefore, the present law must not be vacated in toto to give way to the legalization of absolute divorce. It is
ingrained in our Filipino tradition that Family is the most precious things that we could have.

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Relative Divorce in the Philippines

Article 45 of the Family Code of the Philippines provides:

As to application let us discuss one by one the grounds:

Discussion and Analysis

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