ARTICLE 37 (FAMILY CODE OF THE PHILIPPINES)

FAMILY CODE OF THE PHILIPPINES

TITLE I MARRIAGE

Chapter 3. Void and Voidable Marriages

Article 37. Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)

Definition of terms:

Incestuous-constituting or involving incest; guilty of incest

Incest- sexual intercourse between persons so closely related that they are forbidden by law to marry

Ascendants- Persons with whom one is related in the ascending line; one’s parents, grandparents, great-grandparents, etc.

Descendants- Persons with whom one is related in the descending line; one’s child, grandchild, great-grandchild, etc.

Rules on incestuous marriages.

(1) The law declares void incestuous marriages. There are reasons, like:

(a) Science and experience have established that such intermarriages often result in deficient offspring (Am. Jur. Vol. 35, pp. 256-266);

(b) It is abhorrent to the nature of not only to civilized but of barbarous and semi-civilized people; and

(c) It tends to confuse rights and duties incident to the family relations.

(2) a) The law speaks of incestuous marriages the same refer to marriages of:

ü  Persons who are closely related by blood in the direct line

ü  Persons closely related whether legitimate or illegitimate.

b) Incestuous marriages are invalid ab initio because these marriages debase the family, violate morals and decency.

c) In the Philippines, such marriages are generally frowned upon by society and there is strong public opinion against legalizing them. (Tolentino, Civil Code, Book I, 1974 ed., p. 256).

ü  For instance, if a grandfather marries a granddaughter, the marriage is void because it is incestuous. The same would also be true even if the relationship is illegitimate.

(3) a) Brothers and sisters cannot marry each other otherwise, their marriage is void. The rule applies whether the relationship:

ü  Is that of full or half blood

ü  Is legitimate or illegitimate.

b) Even if they get married abroad and it is valid there as such, the same is also void. What determines the capacity of the person to marry is his national law.  (Article 15, New Civil Code states that laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.)

This is especially true because of Article 5 of the New Civil Code (states that acts executed against the provisions of mandatory or prohibitory laws shall be void).

References:

Judge Albano, Ed Vincent S. (2017). Family Code of the Philippines